Bombay High Court Dismisses Shiv Sena (UBT) MLA Ravindra Waikar's Plea Against BMC Order Revoking Hotel Permission

The Bombay High Court on Monday dismissed the petition filed by MLA Ravindra Waikar from Shiv Sena (Uddhav Balasaheb Thackeray) party regarding cancellation of permission granted to him and four others to build a luxury hotel in Mumbai.The order was passed in chambers by a bench headed by Justices Sunil Shukre and Rajesh Patil. "We find that there are no malafides or any lapses on the part...

Phone Tapping Case: Bombay High Court Quashes Two FIRs Against IPS Officer Rashmi Shukla

The Bombay High Court on Friday quashed two FIRs against senior Indian Police Service (IPS) officer Rashmi Shukla accused of allegedly tapping politicians' phones between 2015- 2019 when the previous BJP led alliance was in power in the state.Justices AS Gadkari and Sharmila Deshmukh quashed the FIRs after Advocate General Birendra Saraf informed the bench that Mumbai Police was refused...

Bombay High Court Directs Video Sharing Platform Triller To Pay USD 300,000 To Zee Entertainment For Use Of Copyrighted Music

The Bombay High Court on Thursday directed video sharing platform Triller to pay unpaid dues of USD 300,000 (approximately Rs. 2,44,26,480) to Zee Entertainment Enterprises Limited for use of its copyrighted music.Justice Kamal Khata in Zee's suit for recovery of the amount observed that Triller has a history of litigations in the United States and might attempt to dispose of its assets in...

No Teachers, Principal In College; Classrooms Had Toys: Bombay High Court Upholds Marathwada University's Decision To Withdraw Affiliation

The Bombay High Court recently upheld Marathwada University’s decision to withdraw the affiliation of Shri Tulja Bhavani Arts and Science College, Aurangabad, due to severe lack of academic and infrastructural facilities.A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme at Aurangabad, in a writ petition against the university’s decision, observed that there...

Bombay High Court Factors In Mother-In-Laws's Occupation Of Sweeper, Responsibility Towards Grandchildren To Stay Conviction In Dowry Death Case

The Bombay High Court recently stayed the conviction of one Chanda Ram Shivsharan, a sweeper at Solapur Municipal Corporation in a dowry death case.Justice MS Karnik, while staying her conviction for the death of her daughter-in-law, observed that she is a Class IV employee who is responsible for her two minor grandchildren.“Though the Applicant is convicted, however considering the nature...

'Infructuous': PIL Challenging Appointment Of CBI Director Withdrawn From Bombay High Court

A PIL challenging the appointment of IPS officer Subodh Kumar Jaiswal as the Director of the Central Bureau of Investigation was withdrawn after the Bombay High Court was informed the officer’s term had ended rendering the PIL infructuous. The position is now held by IPS officer Praveen Sood.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor dismissed...

Guardianship Of Major Child Suffering From Mental Retardation Can Be Granted U/S 7 Of Guardians & Wards Act: Bombay High Court

Noting a lacuna in the law for mentally retarded persons, the Bombay High Court extended the scope of Section 7 of the Guardians and Wards Act 1980 to allow guardianship of an adult suffering from mental retardation.Justice Riyaz Chagla observed that provisions of the Mental Health Act, both the repealed and the existing Acts, did not cover mental retardation under the definition of...

Pandharpur Temples Act Doesn't Impair Rights Of Devotees, Rather Meant To Save Them From "Rapacity Of Priestly Class": State To Bombay High Court

The Pandharpur Temples Act 1973 giving the Maharashtra Government control over the Vitthal and Rukmini temples in Pandharpur was enacted to relieve its multitude of secular devotees and pilgrims from the “rapacity of the priestly classes”, the State government has told the Bombay High Court. Following a committee report and consensus from both houses of legislature, the hereditary rights...

Physically Handicapped Person Not Incapable Of Giving Threats: Bombay High Court Refuses To Quash Domestic Violence Case

Observing that a physically disabled person is not incapable of giving threats, the Bombay High Court recently refused to quash a domestic violence case against a disabled woman accused of abusing and threatening her daughter-in-law.Justice RM Joshi of the Aurangabad bench observed that whether any domestic violence was caused is a matter of trial, but prima facie the complainant was subjected...

'Invidious Discrimination Impermissible': High Court Paves Way For High Rise In Mumbai’s Fort Heritage Precinct, Strikes Off BMC Condition

The Bombay High Court recently quashed Brihanmumbai Municipal Corporation's (BMC) condition requiring a no-objection certificate (NOC) from the Mumbai Heritage Conservation Committee (MHCC) for the construction of a 69.90-meter-tall building in Mumbai’s Fort Heritage Precinct.A division bench of Justice GS Patel and Justice Kamal Khata observed that no such condition was imposed by the...

Development Agreement Not To Be Treated As Transfer Of Possession Of Land: Bombay High Court Quashes Reassessment Notice

The Bombay High Court has quashed the reassessment notice and held that the granting of a licence for the purpose of development of the flats and selling the same could not be said to be granting possession.The bench of Justice K. R. Shriram and Justice N.K. Gokhale has relied on the decision of the Supreme Court in the case of Seshasayee Steels (P) Ltd. v. Assistant Commissioner of Income...

Bombay High Court Drops Contempt Proceedings After 5 State Govt Officers Tender Unconditional Apology

The Bombay High Court on Wednesday dropped contempt proceedings against five state government officers after they tendered unconditional apologies to the court for not following its orders. A division bench of Justice GS Kulkarni and Justice Jitendra Jain observed,“considering the fact that the contemnors are Government officials and that their apology as tendered to the Court as informed to...