Bombay High Court
Centre Notifies Appointment Of Three Judicial Officers As Additional Judges Of Bombay High Court
The Central Government has notified the appointment of three Judicial Officers - Abhay Jainarayanji Mantri, Shyam Chhaganlal Chandak and Neeraj Pradeep Dhote as Additional Judges of the Bombay High Court.Law Minister Arjun Ram Meghwal announced their appointment on 'X', (formerly Twitter).The Supreme Court Collegium on October 10 recommended the appointment of the three Judicial Officers...
Counter Claim For Damages From Tenant No Defence To Escape Admitted Liability Of Refunding Tenant's Security Deposit: Bombay High Court
Owner filing a suit for damages from his licensee cannot be the only defense to the admitted liability of refunding a licensee’s security deposit, the Bombay High Court held while refusing to grant a company unconditional leave to defend a summary suit.Justice Kamal Khata directed the owner of a 17,196 sq ft premises in Mumbai - Loran Leasing and Infotech Pvt.- to deposit the entire...
S. 141 NI Act | No Restriction On Making Unregistered Firm An Accused In A Cheque Bounce Case: Bombay High Court
The Bombay High Court recently held that an unregistered partnership firm can be made an accused in a cheque dishonour case under the Negotiable Instruments Act, 1881 (NI Act).Justice Anil Pansare of the Nagpur bench observed that the status of registration of the partnership firm is irrelevant on proceedings for cheque dishonour under the NI Act.“registration or non-registration of...
Bombay High Court Weekly Round-Up: October 9 To October 15, 2023
Nominal Index [Citation 472 - 482]Hatim Fidaali Rajkotwala and Anr. v. Land Acquisition Officer 2023 LiveLaw (Bom) 472Dr. Kamal Chandra Tiwari v. State of Maharashtra & Anr. 2023 LiveLaw (Bom) 473Ramkali Dayakisan Gupta & Anr v. Union of India & Ors. 2023 LiveLaw (Bom) 474Bachpan Bachao Andolan & Anr. v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 475Dr. Mahendra...
Bombay High Court Refuses To Reinstate College Student Who Submitted Caste Validity Certificate After Deadline Due To Delay By Scrutiny Committee
The Bombay High Court recently refused to reinstate the college admission of a student who failed to submit a Caste Validity Certificate on time due to a delay by the Caste Scrutiny Committee in processing his application.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla explained that the fixation of specific dates as deadlines for students was a matter of policy,...
Rahul Gandhi Moves Bombay High Court To Dismiss Criminal Defamation Case Against Him For Allegedly Linking RSS With Gauri Lankesh Murder
Congress leader and MP Rahul Gandhi has approached the Bombay High Court to dismiss a 2017 defamation case against him for allegedly linking the right-wing RSS organization to Bangalore-based journalist Gauri Lankesh's murder.Gandhi has specifically challenged a 2019 order by the Borivali Magistrate refusing to dismiss the defamation complaint by an RSS ideologue and lawyer. Congress...
Bombay High Court Imposes 25K Cost On Complainant Who Admitted To Consenting To Abortion, Quashes Forced Abortion Case
While quashing a rape and causing miscarriage without consent case, the Bombay High Court recently imposed cost of Rs. 25000 on a woman who consented to quashing of the case admitting that she had voluntarily terminated her pregnancy.A division bench of Justice Anuja Prabhudessai and Justice NR Borkar observed that there is no prima facie case of rape under false promise of marriage as she...
NDPS Act | Non-Compliance With S.52A Does Not Automatically Entitle Accused To Bail, Stringent Conditions For Bail U/S 37 Still Apply: Bombay HC
The Bombay High Court recently held that an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 would not become entitled to bail merely because samples sent for forensic analysis were not drawn in front of a magistrate.Justice MS Karnik refused bail to a man arrested for allegedly possessing commercial quantity of Codeine observing that the stringent conditions for bail...
Bombay High Court Aurangabad Bench Likely To Get New Walkway, Free Wi-fi After Chief Justice Visits To Address Concerns About Court Building
Chief Justice Devendra Upadhyaya of the Bombay High Court in a meeting on Friday assured lawyers practicing in the Aurangabad bench that a new walkway to connect the two court buildings and a mobile tower will soon be constructed along with provision of free wi-fi in the court building.This meeting was organized to address the lawyers’ protest against the shifting of some benches of the...
Child "Emotionally Attached" To Her: Bombay HC Appoints Aunt As Guardian Of 4-Yr-Old; Cites Mother's Psychological Issues, Father's Aggression
The Bombay High Court recently appointed the paternal aunt of a four-year-old boy as his legal guardian while allowing his parents to visit him frequently and occasionally take him for outings with the condition that the child returns to his aunt’s custody on the same day.Justice RI Chagla observed that the child is extremely attached to his aunt and took note of the psychological issues...
Bombay High Court Dismisses Uddhav Faction MLA Ravindra Waikar's Plea Alleging Discrimination In Development Fund Allocation To Opposition MLAs
The Bombay High Court on Friday dismissed a plea filed by Shiv Sena (Uddhav Balasaheb Thackeray) group MLA Ravindra Waikar alleging gross discrimination in allocation of Maharashtra Local Development Funds assigned to the Members of the Legislative Assembly (MLA) and Members of the Legislative Council (MLC).The MLD funds are meant for MLAs and MLCs to develop their respective constituencies...
Bombay High Court Grants Relief To Minor's Father Booked After Failed Prosecution, Says Purpose Of POCSO Act Not To Discourage Victims
The Bombay High Court recently observed that the Protection of Children from Sexual Offences Act, 2012 is not meant to discourage victims from registering complaints due to the fear that they may be prosecuted for false evidence if the prosecution fails to prove its case.Justice MS Karnik, while quashing a complaint against father of a minor victim booked for giving false evidence,...