Bombay High Court
Bombay High Court Weekly Round-Up: August 21 To August 27, 2023
Nominal Index [Citation 379- 393]Khairunisa Sheikh Chand v. Chandrashekhar Daulatrao Chincholkar & Ors. 2023 LiveLaw (Bom) 379Asha Shivaji More v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 380ABC v. XYZ 2023 LiveLaw (Bom) 381Prakash Madhukarrao Desai v. Dattatraya Sheshrao Desai 2023 LiveLaw (Bom) 382Archbishop Patriarch Of Goa Rev. Fr. Filipe Neri Ferrao v. State...
'Group Defections' In Name Of Political Parties' Split & Merger Betray Voters: PIL In Bombay HC Against Para 4, 10th Schedule To Constitution
A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the exception to legislators from “disqualification on ground of defection” in case of merger of political parties.The PIL, filed by Meenakshi Menon, founder trustee of NGO Vanashakti, argues that Paragraph 4 of the 10th Schedule of the Constitution allows legislators to defect and breach their...
Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court
The Bombay High Court has held that the Ministry of Finance is responsible for the officers who are not diligently discharging vital duties and who, in fact, are playing with the public revenue."We take judicial notice of a series of petitions reaching this Court on the ground that the concerned jurisdictional officers exercising such enormous powers not only under the Finance Act, 1994, but...
Bombay High Court Quashes Reopening Of Assessment After 4 Years In The Absence Of Concealment By Assessee
The Bombay High Court has quashed the reopening of the assessment after 4 years in the absence of concealment by the assessee.The bench of Justice K. R. Shriram and Justice Firdosh P. Pooniwalla observed that where the assessee has fully disclosed all the material facts, it is not open for the Assessing Officer to reopen the assessment on the ground that there is a mistake in the assessment....
Bombay High Court Quashes Sexual Harassment FIR Against Company's Human Resource VP
The Bombay High Court has quashed a sexual harassment FIR against the Vice President Human Resources (HR) of an insurance firm observing improvements in the complainant’s statement to the police. The division bench headed by Justice AS Gadkari cited guideline 6 & 7 in the State of Haryana & Ors. vs Bhajan Lal & Ors judgement. According to the guidelines where there is a...
Bombay High Court Orders Release Of Man 'Detained Unnecessarily' In Rehabilitation Centre At 'Behest Of His Wife'
The Bombay High Court ordered the immediate release of one Pratap Jivani, who had been unlawfully detained at his wife’s behest at the Amulya Prem Foundation Rehabilitation Centre in Bhiwandi. A division bench of Justice Revati Mohite Dere and Justice Gauri Godse, in a habeas corpus writ petition filed by Jivani’s cousin Jayendra Bhatia, observed that no medical papers showing that he...
Application To Become Approver Cannot Be Withdrawn Once Pardon Is Granted: Bombay High Court
The Nagpur bench of the Bombay High Court recently held that an accused cannot withdraw application to become a witness for the prosecution (approver) against co-accused once the application is accepted and pardon is already granted.Justice GA Sanap explained that once an accused becomes an approver, (s)he must be examined as a prosecution witness, and pardon can be withdrawn only as per...
No Stay At 11th Hour: Bombay High Court Refuses To Stall Release Of Ayushmann Khurrana Starrer 'Dream Girl 2'
The Bombay High Court has refused to stay the release of the Ayushmann Khurrana starrer Dream Girl 2 slated to hit the theatres tomorrow. The film is produced by Ekta Kapoor’s Balaji Telefilms.Justice Riyaz Chagla passed the order in a Commercial IPR suit filed by writer-director Ashim Kumar Bagchi wherein he alleged that makers are passing off his registered script as their own. Bagchi...
Bombay HC Upholds Woman's Conviction For Murder Of 3-Yr-Old, Attempt To Drown 3 Other Children Over Money Lending Dispute With Their Grandmother
The Bombay High Court recently upheld the conviction of a 51 years old woman who murdered her neighbour's 3-year-old grandchild and attempted to kill three other grandchildren by throwing them in a canal over repayment of an illegal loan.A division bench of Justice Revati Mohite Dere and Justice Gauri Godse observed that throwing a three-year-old child into the canal is so imminently...
Will Cure Any Defect In Uruli Devachi And Phursungi Villages Demerger From Pune Municipal Corporation: State To Bombay High Court
The Bombay High Court recently disposed of two PILs challenging proposed de-merger of Uruli Devachi and Phursungi villages from the Pune Municipal Corporation (PMC), and establishment of a separate Municipal Council. The PILs claimed that the state government did not follow the process of consultation with the corporation as per section 3(3)(a) of the Maharashtra Municipal Corporation...
Ensure Proper Maintenance Of Case Diaries Without Lame Excuses: Bombay High Court To Maharashtra DGP
Expressing strong displeasure over police disregard towards proper maintenance of case diaries, the Bombay High Court directed the Director General of Police (DGP), Maharashtra to ensure that his directions about proper maintenance of case diaries are followed by police officers without any lame excuses.The division bench of Justice AS Gadkari and Justice Shivkumar Dige, while dealing with a...
Sarpanch Removed Due To No-Confidence Motion Can Contest By-Elections To Fill Vacancy Caused By Own Removal: Bombay High Court
The Nagpur bench of the Bombay High Court recently held that a Sarpanch who got removed from the post due to a no-confidence motion can contest a by-election conducted to fill the resulting vacancy.A division bench of Justice AS Chandurkar and Justice Vrushali V Joshi observed that there is no provision in the Maharashtra Village Panchayats Act, 1959 prohibiting such a Sarpanch to contest...