Bombay High Court
Bombay High Court Criticizes Govt Over Delay In Providing Functional Smartphones With Poshan Tracker App To Anganwadi Workers
The Bombay High Court on Wednesday pulled up the Central and State governments for delay in procurement of working mobile phones compatible with the POSHAN Tracker app for Anganwadi workers in the State.A division bench of Justice GS Patel and Neela Gokhale said – “The process must be corrected, and that correction begins by procuring, taking delivery, and distributing working mobile...
'First Priority Is Clean Drinking Water For All Inmates': Bombay High Court On Reports Of Water Shortage In Taloja Prison
The Bombay High Court on Thursday directed the local planning authority and state prison officials to ensure separate clean drinking water for Taloja Central prison inmates at the earliest. The division bench of Justices Revati Mohite Dere and Gauri Godse was informed that there was severe water shortage with inmates receiving just 1-1.5 buckets of unclean water a day for drinking,...
Change In Social Policy After Change In Govt Part Of Democratic Process, Not Per Se Arbitrary: Bombay High Court
Change in social policy after change in government is part of a democratic process and cannot be charged as arbitrary or mala fide, the Bombay High Court recently observed.A division bench of Justice GS Patel and Justice Neela Gokhale upheld Eknath Shinde government’s order cancelling appointment of two members and the chairman of the Maharashtra State Commission for Scheduled Castes...
Bombay High Court Orders Status Quo On BMC's Order Cancelling Hotel Permission To Shiv Sena (UBT) MLA Ravindra Waikar
The Bombay High Court on Monday granted temporary relief to MLA Ravindra Waikar from Shiv Sena (Uddhav Balasaheb Thackeray) party and directed status quo for two weeks regarding cancellation of permission granted to him and four others to build a luxury hotel in Mumbai. A division bench of Justice Sunil Shukre and Rajesh Patil however objected to certain statements made by Waikar in his...
Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated: Bombay High Court
The Bombay High Court recently held that just because the expression ‘benefit of doubt’ has been used in a judgment acquitting a person, does not mean that the acquittal was not honourable and the person is disentitled to have his suspension period treated as period of duty for the purpose of determining pension.Justice NJ Jamadar observed that the reasoning in the judgement has to be seen...
If Truck Wasn't Carrying Hazardous Goods At Time Of Accident, Lack Of Endorsement On Driver's License Not Breach Of Insurance Policy: Bombay High Court
Merely because a gas company's name was written on a truck and it was used to transport gas cylinders does not mean that the truck was actually carrying gas cylinders at the time of the accident, the Bombay High Court observed. The court found breach of policy conditions could not be proved and thereby directed anthe insurance company to pay compensation to the family of deceased in a...
Director Proves Lack Of Control On Financial Affairs: Bombay High Court Quashes Income Tax Recovery
The Bombay High Court has quashed the income tax recovery against the Director of a company on the grounds that the Director has sufficiently discharged the burden cast upon him in terms of Section 179(1) of the Income Tax Act.The bench of Justice K.R. Shriram and Justice M.M. Sathaye has observed that the Director has brought on record material to show a lack of financial control, a lack...
'Complete Abdication Of Quasi-Judicial Function' By Trademark Registrar Rejecting Application Without Considering Submissions: Bombay High Court
The Bombay High Court recently came down heavily on Registrar of Trade Marks and the Senior Examiner for failing to consider submissions and pass reasoned orders before denying registration of trademarks, calling it a “complete abdication” of their quasi-judicial functions. A single bench of Justice Riyaz Chagla set aside an order of the Senior Examiner of Trade Mark’s refusing...
Bombay High Court Stays Bank Action After SC Rules Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As 'Fraud' Mandatory
Granting relief to certain borrowers in a batch of petitions, the Bombay High Court has stayed till September 11 the action taken by various banks after declaring their accounts as “fraudulent accounts” without prior notice and a hearing.A division bench of Justice GS Patel and Neela Gokhale relied on the Supreme Court’s order in State Bank of India & Ors v. Rajesh Agarwal &...
Bombay High Court Grants Bail To MCOCA Accused; Says No Independent Reasons By Prosecutor To Extend Custody, 'Word By Word' Copied From IO
The Bombay High Court recently pulled up a prosecutor attached to a Special MCOCA Court for copying the investigating officer's (IO) request for extension of time to file charge sheet in a case word-for-word in his own application for extension filed before the court.A division bench of Justice Bharat Deshpande and Justice Vinay Joshi sitting at Nagpur while granting bail to a...
Bombay High Court Directs State To Allow E-Complaints For Illegal Animal Slaughter
The Bombay High Court has directed the Brihanmumbai Municipal Corporation to prominently display its policy regarding animal sacrifice during religious ceremonies, as well as the e-mail address and toll-free numbers for complaints on its website, atleast during festivals where such animals’ sacrifice/slaughtering takes place.The division bench of acting Chief Justice Nitin Jamdar and...
Bombay High Court Restores Case Against Marathi Preacher Who Advised Couples To Have Sex On Even Dates To Conceive Male Child
Religious discourse on techniques to conceive and identify a male foetus prima facie is an offence under the anti-sex determination PCPNDT Act, the Bombay High Court has held while refusing to quash a case against Marathi preacher (kirtankar) Nivrutti Kashinath Deshmukh (Indorikar). Deshmukh allegedly asked couples to perform sexual intercourse on even days for a male child.Justice Kishore...