Bombay High Court Monthly Digest: September 2023 [Citations 400 – 463]

Nominal IndexARG Outlier Media Private Limited v. Rayadu Vision Media Limited 2023 LiveLaw (Bom) 400Commissioner, Kolhapur Mahanagarpalika v. Shashikala Vijay Bhore 2023 LiveLaw (Bom) 401Sanjay Katkar v. State of Maharashtra 2023 LiveLaw (Bom) 402The Indian Hume Pipe Co. Ltd. v. Commissioner of Income Tax 2023 LiveLaw (Bom) 403Dattaprasad Kamat v. Assistant Commissioner Of Income Tax 2023...

Bombay High Court Grants Bail To Alleged Sanatan Sanstha Member Vaibhav Raut Accused Of Making Bombs To Attack 2018 Sunburn Festival At Pune

The Bombay High Court recently granted bail to Vaibhav Raut, prime accused in Nalasopara Arms Hauls case who was arrested in 2018 on charges of being a member of right wing group Sanatan Sanstha and plotting an attack on the Sunburn Festival with crude bombs.The Maharashtra’s Anti-Terrorism Squad found eight crude bombs in Raut’s house while 12 crude bombs were recovered from a godown...

"Can't Shift Responsibility On Private Players, See General Condition Of Healthcare": Bombay HC On Recent Deaths At Govt Hospitals In Maharashtra

The Bombay High Court on Friday told the Maharashtra Government that there shouldn’t be a single vacant post of a doctor and paramedic in public hospitals and further directed the state to appoint a CEO under the Maharashtra Medical Good Procurement Act within two weeks.The division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor was dealing with a suo motu PIL...

Anticipatory Bail | POCSO Act Prevails Over Atrocities Act Only If Offence Under POCSO Act Prima Facie Established: Bombay High Court

The Bombay High Court held that provisions regarding anticipatory bail in the POCSO Act would not prevail over provisions of appeal in the SC and ST (Prevention of Atrocities) Act if the allegations under POCSO Act are not prima facie made out against the accused.Justice NJ Jamadar, while dealing with an anticipatory bail application of a person accused under both POCSO Act and Atrocities...

Bombay High Court Advocates’ Association At Aurangabad Abstain From Work Over Court Building Dispute Despite Letter From Chief Justice

Lawyers practicing at the Aurangabad bench of the Bombay High Court on Thursday continued to abstain from court proceedings for the second day in a row, seeking convenience in functioning.They have demanded civil and criminal cases to be conducted in the same building or proper connectivity between the old and new HC building which was inaugurated last month. Protests are likely to...

Bombay High Court Quashes Reassessment Against Knight Riders Sports

The Bombay High Court has quashed the reassessment against Knight Riders Sport and held that a change of opinion does not constitute justification to believe income chargeable to tax escaped assessment.The bench of Justice K. R. Shriram and Justice Kamal Khata has observed that there is a change of opinion because once a query has been raised during the assessment and has been answered...

Rs.100 Bribe Amount Too Small To Prosecute Accused Under Prevention Of Corruption Act: Bombay High Court

Rs. 100 is a very trivial amount to pursue prosecution under the Prevention of Corruption Act, the Bombay High Court recently observed. Justice Jitendra Jain upheld the acquittal of a medical officer accused of accepting a Rs. 100 bribe in 2007 observing –“In the instant case, the allegation is acceptance of bribe of Rs.100/- in the year 2007. The amount appears to be too small in the...

Bombay High Court Takes Suo Moto Cognizance Of Deaths At Govt Hospitals In Nanded, Chhatrapati Sambhaji Districts

The Bombay High Court on Wednesday took suo motu cognisance of deaths in government hospitals in Nanded and Chhatrapati Sambhaji Nagar districts of Maharashtra. The division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor said that deaths due to shortage of staff, medicines cannot go on.The court took cognisance of a letter written by Advocate...

POCSO Act | Bone Ossification Test Vital Only When Victim On Cusp Of Majority, Bombay HC Accepts Victim A Minor Based On Father's Evidence

The Bombay High Court recently held that bone ossification test to determine the age of victim in a case under the Protection of Children from Sexual Offences Act, 2012 is required only when the victim is on the cusp of majority.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad dismissed a man’s appeal against conviction and life sentence...

Bombay High Court Calls For Conversion Of One Washroom In The HC Building To Make It Disabled-Friendly

The Bombay High Court has instructed its registry to propose the conversion of one of the washrooms in the High Court building in Mumbai into a facility that can be used by orthopedically disabled persons in wheelchairs.Addressing Advocate Uday Warunjikar’s submission that the High Court building doesn’t have a single washroom accessible to the wheelchair bound persons, the court...

Bombay High Court Paves Way For Reconstruction Of Dainik Bhaskar Director’s House Near INS Trata Without NOC From Naval Authorities

The Bombay High Court directed BMC to process within four months the application for permission to reconstruct a three-storey house in Worli for Dainik Bhaskar director Girish Agarwal without requiring a No Objection Certificate from Naval authorities- due to the site’s proximity with naval missile battery base INS Trata.A division bench Justice Sunil B Shukre and Justice MW Chandwani...

Footpath Bollards Making It Impossible For Wheelchair-Bound In Mumbai To Pass Through: Bombay High Court Takes Suo Moto Cognizance

The Bombay High Court has taken suo motu cognisance of inaccessibility of footpaths to the differently abled in Mumbai owing to recently installed bollards. The division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor directed the High Court Registry to issue notice to the Municipal Corporation returnable on October 18, 2023. Last week, Advocate Jamshed...