Bombay High Court
Findings Of Civil Court On Nature Of Transaction Bind Authorities Under Maharashtra Money Lending Act: Bombay High Court
The Bombay High Court has held that when a Civil Court of competent jurisdiction has already determined the nature of a transaction between parties, such findings operate as res judicata and are binding on authorities exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014. The Court observed that statutory authorities under the Act cannot record findings contrary to...
Bombay High Court Restrains Legends League Cricket From Playing PPL's Copyright Songs For This Year's Tournament
The Bombay High Court on Thursday restrained the Absolute Legend Sports Pvt. Ltd. which is organising the Legend League Cricket (LLC), a T20 tournament featuring retired international cricket players, from using the songs copyrighted by the Phonographic Performance Limited (PPL) in its tournament which commenced from March 11.Several international players from Irfan Pathan, Suresh Raina,...
Failure To Examine Forensic Experts Whose Reports Are Relied Upon Vitiates Trial: Bombay High Court
The Bombay High Court has held that failure to summon and examine forensic experts whose reports are relied upon by the trial court vitiates the trial and constitutes a failure of justice. The Court observed that the whole purpose of the trial is to ascertain the truth of the matter and all steps in the direction of unearthing the truth ought to be taken by the Court, even if the prosecution...
Municipal Authority Cannot Ignore Subsisting Civil Court Decree Merely Because Appeal Is Pending: Bombay High Court
The Bombay High Court has held that a municipal authority cannot refuse to grant a No Objection Certificate (NOC) by disregarding a subsisting civil court decree merely on the ground that an appeal against the decree is pending. The Court observed that under Order XLI Rule 5 of the Code of Civil Procedure, filing of an appeal does not automatically operate as a stay of the decree, and unless...
Serving Citation To Next Of Kin Not Mandatory In Petition For Letters Of Administration Of Estate Not Fully Administered: Bombay High Court
The Bombay High Court has held that service of citation to the next of kin is not mandatory in a petition filed under Sections 258 and 259 of the Indian Succession Act, 1925, for the grant of Letters of Administration of an estate not fully administered, and the Court may dispense with such citation in appropriate cases. The Court observed that when probate of a will has already been...
Lawyer's Role Is To Resolve Disputes, Not 'Loot' Clients: Bombay High Court Refuses To Quash Corruption Abetment Case Against Advocate
The role of a lawyer in the society is to help an individual by finding out a solution to one's dispute and not to loot their money, observed the Bombay High Court recently while refusing to quash an FIR lodged against a lawyer, who allegedly 'convinced' his client to pay Rs 1.25 lakhs bribe to two police officers so that the client's son could get 'better facilities' in jail....
'Application By Senior Citizen For Eviction Of Relative Maintainable Even Without Claiming Monetary Maintenance': Bombay High Court
The Bombay High Court has held that an application filed by a senior citizen seeking eviction of a child or relative from property in which the senior citizen has rights is maintainable even if no monetary maintenance is claimed. The Court observed that the definition of “maintenance” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, includes provision for...
Bombay High Court Declines To Interfere With Denial Of Security Clearance To Azerbaijani Company For Work At Navi Mumbai Airport
The Bombay High Court has held that decisions relating to the grant or denial of security clearance in projects of strategic importance fall primarily within the domain of the executive and are closely connected to considerations of national security. The Court observed that while judicial review is available in limited circumstances, courts ordinarily exercise restraint in matters...
Bombay High Court Flags Procedural Irregularities By Goa Revenue Authorities In Pronouncing Orders, Issuing Certified Copies
The Bombay High Court has flagged serious procedural irregularities being followed by revenue authorities in Goa while exercising quasi-judicial powers under various local laws and has issued directions to streamline the process of pronouncing orders and issuing certified copies. The Court observed that the lack of a proper procedure in recording orders, pronouncing judgments, and...
'Such Cases Should Never Reach Court': Bombay HC Criticises Railways For Making Family Of Deceased Employee Litigate For Compensation
In a significant order, the Bombay High Court recently held that the cases pertaining to accidental deaths of railway employees in train accidents, should never land in courts or tribunals and instead, the Railways must themselves go through the case file and grant compensation to the family of the deceased. Single-judge Justice Jitendra Jain held that the Railways must not compel the...
Claim That Daughter Falsely Accused Father Of Rape Over Discontinuation Of Studies 'Far-Fetched': Bombay High Court Upholds POCSO Conviction
A girl would not accuse her father of a serious charge like rape only on an apprehension that he would discontinue her studies and get her married, said the Bombay High Court while rejecting a theory of 'false implication' raised by a man convicted for raping his own minor daughter. A division bench of Justice Manish Pitale and Justice Shreeram Shirsat upheld the March 12, 2020 order of a...