Bombay High Court Weekly Round-Up: January 1 To January 7, 2024

Nominal IndexA v. B 2023 LiveLaw (Bom) 620Mohammed Ejaj Shaikh Ismail v. State of Maharashtra 2023 LiveLaw (Bom) 621Fresenisu Kabi Oncology Ltd. v. State of Maharashtra 2023 LiveLaw (Bom) 622Gurudas Balasaheb Raut And Ors. v. State Of Maharashtra 2023 LiveLaw (Bom) 623Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors 2024 LiveLaw (Bom) 1Mirza Himayat Baig v. State of Maharashtra...

BREAKING | Eknath Shinde Faction Is The Real Shiv Sena, Uddhav Thackeray Had No Power To Remove Him: Maharashtra Speaker

The Maharashtra Legislative Assembly Speaker Rahul Narwekar today held that Eknath Shinde led faction was the real Shiv Sena when the rival faction emerged within the party on June 22, 2022. He has refused to disqualify any member from both the factions, led by Shinde and Uddhav Thackeray.Both the factions had filed 34 petitions against each other before the speaker in 2022, seeking...

Bombay High Court Suspends Sentence Of Former Nagpur Congress MLA Sunil Kedar Convicted In Bank Scam Case Of Over ₹153 Crores

The Bombay High Court on Tuesday granted bail to disqualified Congress MLA Sunil Chhatrapal Kedar convicted last month in a case involving a scam of over Rs. 153 Crores while he was the chairman of a cooperative bank.Kedar sought suspension of his sentence awarded by a magistrate court in Nagpur and enlargement on bail till his appeal against conviction pending before the Sessions Court...

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation

The State cannot cite delay in approaching the court to absolve itself of its responsibility towards those whose private property has been “expropriated” or taken for public use without compensation, the Bombay High Court has held. It ruled in favour of urban landowners who approached the court in 2021, nearly four decades after an electricity sub-station was built on their land.A...

HC In Revisional Jurisdiction Can Suspend Sentence Even If Convict Has Not Surrendered After Failed Appeal: Bombay High Court

The Aurangabad Bench of Bombay High Court held recently that a High Court, while entertaining a criminal revision application, can suspend the sentence of convicts even if they have not surrendered.A division bench of Justice Mangesh S Patil and Justice SG Chapalgaonkar observed that when appeal against conviction has failed but the convict has not surrendered, the High Court in its...

S.353 CrPC | Bombay High Court Permits Accused With 83% Disability Residing In Haryana To Attend Pronouncement of Judgment Via VC

The Bombay High Court has allowed a man with 83% physical disability accused in a cheating and corruption case and residing in Panipat, Haryana, to attend the pronouncement of judgment in his trial via video conferencing. Justice MS Karnik held that the same direction passed by the High Court in November 2023 while exempting the man from physical presence in Bombay City Civil and Sessions...

Bombay High Court Allows Cross Maidan To Be Used For Kala Ghoda Arts Festival From January 20-28, With Conditions

The Bombay High Court on Tuesday granted permission to the Kala Ghoda Association (KGA) with certain riders to hold its annual arts and culture events at Cross Maidan in South Mumbai from January 20 – 28, 2024 as part of the Kala Ghoda Arts Festival.A division bench of Justices Gautam S Patel and Kamal R Khata further dispensed with the necessity for the association to apply to the High...

Domestic Violence Complaint Maintainable Against Daughter-In-Law But Not Maintainable Against Her Father, Brother: Bombay High Court

The Bombay High Court has held that a complaint filed by a mother-in-law (MIL) against her daughter-in-law (DIL) under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is maintainable. However, it quashed the complaint against the daughter-in-law's father and brother.“While the object and purpose of the DV Act is to protect a woman from domestic violence, it does not confer...

Husband Can't Deny Maintenance To Wife Just Because She Is Staying In Matrimonial Home : Bombay High Court

The Bombay High Court has held that a woman residing in the matrimonial home would also be entitled to maintenance to meet her basic expenses. The court dismissed a petition filed by a husband challenging the interim maintenance granted by a Family Court to his estranged wife and minor son.The Family Court had directed the husband to pay Rs. 15,000 per month to his wife and Rs. 10,000 for...

Abetment Of Suicide Charge Can't Be Converted To Murder Charge Based On 'Stray Observations' Of Medical Officer: Bombay High Court

The Bombay High Court recently quashed a Sessions Court order directing addition of murder charge against three accused in a 2014 dowry death case in Pune observing that accused couldn't be convicted based on stray observations of the medical officer.“Imagination cannot be taken to such an extent to prosecute the Accused for [such a] serious offence. All throughout it's the case of...

Kangana Ranaut Approaches Bombay HC For Stay On Defamation Case Filed Against Her By Javed Akhtar, Seeks For It To Be Heard With Her Cross-Complaint

Actor Kangana Ranaut has approached the Bombay High Court seeking a stay on the criminal defamation case filed against her by lyricist Javed Akhtar in 2020 and further prayed for the case to be heard along with the cross-complaint she subsequently filed against him.While the defamation case Akhtar filed against Ranaut is ongoing before the Magistrate in Andheri, Kangana's complaint against...

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order

The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. Justice Sarang V Kotwal observed that it is a serious offense extending beyond the immediate victim, affecting the public's faith in the legal system and thus, no leniency could...