Bombay High Court
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...
Municipal Commissioner Duty Bound To Provide Fit And Convenient Place For Disposal Of Dead: Bombay High Court
The Bombay High Court on Tuesday expressed its concerns regarding the shrinking space for burials in cemeteries in Mumbai and reminded the Municipal Commissioner & Maharashtra Government of their duty to provide such spaces.The court was hearing a PIL which alleged that all the three spaces in the city originally earmarked by the Municipal Commissioner for cemeteries were either deleted...
Church Patriarchal Tribunal Not A ‘Public Authority’ Under RTI Act: Bombay High Court
The Archbishop Patriarch of Goa in his capacity as the Patriarchal Tribunal or Church Tribunal is not a “public authority” under Section 2(h) of the Right to Information Act, 2005 (RTI Act), the Bombay High Court held. The decision was passed in an eight years old case regarding information on the Archbishop Patriarch of Goa’s appointment. He adjudicates private law matters of...
RSS Defamation Case: Rahul Gandhi Approaches Bombay High Court Against Order Allowing Transcripts Of His Speech To Be Exhibited As Evidence
Congress Leader Rahul Gandhi has approached the Bombay High Court against an order passed by the Magistrate court at Bhiwandi allowing transcripts of his alleged defamatory speech to be exhibited as ‘evidence’ in the ongoing defamation case filed by an Rashtriya Swayamsevak Sangh (RSS) functionary. RSS worker Rajesh Kunte has accused Gandhi of defaming the RSS by making "false and...
Cheque Holder's Failure To Record Loan In Books Not Ground To Dismiss Complaint U/S 138 NI Act: Bombay High Court
Answering a reference by a Single Judge, the Bombay High Court recently held that failure of the cheque holder to record a loan given to a cheque drawer in books/Income Tax Returns will not by itself render the loan unenforceable under section 138 of the Negotiable Instruments Act (NI Act).A division bench of Justice AS Chandurkar and Justice Vrushali V Joshi observed that the existence of...
Bombay High Court Quashes Order Granting 2-Yr-Old’s Custody To Biological Parents, Directs Trial Court To Decide Validity Of Adoption
The Bombay High Court recently quashed a civil court’s order directing a couple to hand over custody of a two-year-old adopted child to his biological parents and directed the civil court to decide their suit seeing a declaration that the adoption is valid, within six months.Underlining the sensitivity of the matter, Justice Sharmila Deshmukh held that there will be no extension of time for...
Can Victim Appeal Against Acquittal Or Award Of Lesser Sentence By Appellate Court? Bombay High Court Refers Issue To Larger Bench
The Bombay High Court has referred to a larger bench the question of whether an appeal by the victim against the judgment of acquittal passed by the appellate court is maintainable.Justice Modak while dealing with two criminal appeals filed by the victims against acquittal of the accused by the sessions court in appeal, observed,“I think forum for this (victim’s) Appeal is correlated to...
Bombay High Court Weekly Round-Up: August 14 To August 20, 2023
Nominal Index [Citation 372 - 378]Sushila Gordhandas Parikh v. State of Maharashtra 2023 LiveLaw (Bom) 372Olga Rosnina v. Foreigners Regional Registration Office, Goa and Ors. 2023 LiveLaw (Bom) 373Suvarna Ratnakar Taras v. Mangalprabhat Lodha 2023 LiveLaw (Bom) 374ABC v. XYZ 2023 LiveLaw (Bom) 375Govind Poslya Gavit v. The Competent Authority 2023 LiveLaw (Bom) 376Abhay Shamsundar Kurundkar...
Two Children Limit For Panchayat Members Not Meant To Discourage Re-Marriage, Excludes Step-Children: Bombay High Court
A panchayat member with more than two biological children could be disqualified under the Maharashtra Village Panchayats Act, however, the member’s step children wouldn’t be a determining factor for the same, the Bombay High Court held. The court said that the objective of the Section was to disqualify a panchayat member responsible for the birth of more than two children. Therefore, a...
Bombay High Court Collects Database Of 40.5K Institutional Litigants, To Commence Automatic E-Service
In a major step towards automatic electronic services in the judicial process the Bombay High Court has become the first and the only High Court to include country-wide data of all institutional litigants. According to a new circular, High Court and District court’s Case Information System (CIS) will now have a database of information relating to over 40,500 institutional...
AI Assisted Judgement Translations, Automatic Electronic Service And More: Bombay High Court Gets Tech Upgrade
The Bombay High Court has taken a slew of decisions leading to digital upgradation of the High Court’s processes and functioning, including developing its own softwares to digitize court records and setting up an “AI Assisted Legal Translation Advisory Committee” to translate important Supreme Court and High Court judgements in Marathi using AI.The announcements in the form of a series...
Filing Complaints To Intimidate Opposing Counsel Must Be Deprecated: Bombay HC Quashes Misconduct Case Against Former Govt Lawyer
Deprecating the trend of filing complaints against opposing counsels to intimidate them, the Bombay High Court recently set aside disciplinary proceedings against Advocate Geeta R Shastri, former Additional Government Pleader in the Court.A division bench of Justice GS Patel and Justice Neela Gokhale held that the interest of advocates should not be compromised because of “fanciful...