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 Bombay High Court

Maharashtra Has Become Centre Of Maoist Urban Network: State Defends Special Public Security Act Before Bombay High Court

The Maharashtra Government while defending its decision to enact the Maharashtra Special Public Security Act (MSPSA), on Tuesday (October 6) told the Bombay High Court that because of its highest urban population, the State has become a 'centre' for Maoist urban network and thus in absence of legal framework to ban such 'left wing extremist' organisations, it has come up with this law as done...

Prescribing Diploma-Only Eligibility Criterion Not Illegal Merely Because Degree Holders Are Excluded: Bombay High Court

The Bombay High Court has held that prescribing a Diploma as an essential qualification for recruitment to the post of Junior Engineer is not illegal merely because candidates possessing only an Engineering Degree are excluded. The Court held that the employer is well-equipped to determine the desirable qualification for a particular post and that the Court cannot lay down conditions...

Extra Excavation Alone Does Not Justify Royalty On Soil Unless Its Use As Minor Mineral Is Shown: Bombay High Court

The Bombay High Court had held that extra excavation of soil/earth during construction, by itself, does not make the excavated material a minor mineral so as to attract royalty. The Court observed that royalty cannot be imposed unless it is positively demonstrated, or clear inferences can be drawn, that the excavated material was used for purposes specified in the relevant notification....

Maharashtra SIR: Bombay High Court Declines Oral Plea To Restrain ECI From Deleting Voters Names, Says SC Seized Of Issue

The Bombay High Court on Monday (October 5) refused to pass orders staying deletion of names of any citizen from the voters list in the ongoing Special Intensive Revision (SIR) in Maharashtra. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna said it will observe judicial propriety and follow the directive of the Supreme Court, which, it was informed, had...

Child Victim Admitting She Memorized Her Statement Does Not Automatically Prove Tutoring: Bombay High Court

The Bombay High Court has held that a child victim's admission that she had memorized what was read to her by the police does not, by itself, establish that she was tutored. The Court observed that where the victim remains steadfast in cross-examination, and her material testimony remains intact, such an admission cannot be treated as sufficient to discredit her evidence.Justice Abhay S....

Conversion Of Proprietorship To Family-Owned Private Limited Company Not Subletting Under Public Premises Act: Bombay High Court

The Bombay High Court has held that conversion of a proprietorship concern into a partnership firm and subsequently into a private limited company comprising the original tenant's family members does not amount to subletting where no third person is inducted into the business. The Court further held that the 2015 amendment to Section 5 of the Public Premises (Eviction of Unauthorised...

Mere Demand Of Exorbitant Amount As Settlement To Withdraw Litigation Not Extortion: Bombay High Court

The Bombay High Court has held that merely demanding an exorbitant or disproportionate amount during settlement talks does not by itself attract Section 385 of the Indian Penal Code or constitute an offence of extortion. The Court observed that an intentional threat or fear of injury is an essential ingredient of the offence, and quashed the FIR against the flat purchasers. Justice...