[Goa Municipalities Act] Power To Remove Councillor Exclusively With Govt, Cannot Be Delegated To Director Of Municipality: Bombay High Court

The Bombay High Court has held that the power to remove a Municipal Councillor under Section 44 of the Goa Municipalities Act, 1968, vests exclusively in the Government and cannot be exercised by the Director of Municipal Administration. The Court observed that the power under Section 44 is quasi-judicial in nature, as it entails adjudication of allegations of misconduct or disgraceful...

Judge's Job Is Not To Please Anyone, Satisfaction Lies In Doing Justice: Bombay High Court Justice Vibha Kankanwadi In Farewell Speech

While bidding adieu to the Bombay High Court, Justice Vibha Kankanwadi on Tuesday (June 23) said that for achieving the satisfaction of his or her work, a judge must do his job to the best of his ability and not by trying to satisfy or please anyone.Justice Kankanwadi, who was elevated to the High Court 9 years ago, retired from service after being a judge for a total of 34 years. In her...

Bombay High Court Pulls Up Maharashtra Govt Over Drinking Water Crisis, Says Progressive State Cannot Give Excuses

Even after 75 years of independence, if a citizen has to approach a constitutional court seeking a direction to the State to provide potable drinking water, in such a circumstance, a progressive State like Maharashtra cannot be heard to be giving excuses for not providing the relief, observed the Bombay High Court on Monday (June 22) while noting that several parts across the State are...

Bombay High Court Quashes Rape FIR, Orders Preliminary Inquiry On Woman's Future Complaints After Noting Pattern Of Similar Cases

The Bombay High Court recently, while quashing a rape FIR, ordered the Director General of Police (DGP), Maharashtra to circulate the details of the complainant woman to all the police stations across the State so that the police exercises caution in future on receiving any complaint from the said woman as she is "habitual" in filing false rape, domestic violence and cruelty cases.The...

Bringing Police To Workplace Over 'Routine Transfer', Complaining To External Authorities Amount To Misconduct: Bombay High Court

An employee after facing a 'routine' transfer, if complaints to the Police and brings policemen in the office premises to harass the employer is a misconduct, held the Bombay High Court recently.Further, the act of an employee making serious allegations about the employer to various authorities, both related and unrelated, on being transferred, too would amount to a misconduct,...

Congress, CPI Move Bombay High Court Against Maharashtra Special Public Security Act; Allege Chilling Effect On Free Speech

The Indian National Congress (INC) has moved the Bombay High Court challenging the constitutional validity of the Maharashtra Special Public Security Act, 2025 arguing that it violates the fundamental guarantees enshrined in the Constitution of India including principles of reasonableness and proportionality, freedom of speech and expression, etc.Notably, the MSPSA is being said to be...

[Maharashtra Ownership Flats Act] Second Deemed Conveyance Application Barred If Earlier Rejection Has Attained Finality: Bombay High Court

The Bombay High Court has held that where an earlier order rejecting a deemed conveyance application has attained finality, a second application seeking the same relief would be barred by principles of res judicata and finality of proceedings. The Court observed that the Competent Authority under the Maharashtra Ownership Flats Act does not possess any inherent power of review and cannot...

Compensatory Afforestation Must Be In Same Or Nearby Locality; Trees Planted Elsewhere Can't Compensate Residents: Bombay High Court

The Bombay High Court while emphasising on the importance of trees, recently made it clear that compensatory afforestation, which is usually done after cutting down trees for a development work, cannot be permitted to be done at a distant or remote place and rather must be done in the close proximity of the very place from where the trees were initially felled.A division bench of Justice...

Revocation Of Sanction Under Maharashtra Public Trusts Act Permissible Only On Proof Of Fraud: Bombay High Court

The Bombay High Court has held that revocation of a sanction granted under Section 36(1) of the Maharashtra Public Trusts Act can be ordered under Section 36(2) only upon proof that the sanction was obtained by fraud, misrepresentation, or concealment of material facts. The Court observed that the jurisdiction under Section 36(2) is not appellate in nature and does not permit the...

Fractional Figure Cannot Be Ignored While Calculating 2/3rd Majority For No-Confidence Motion Against Co-Op Society Officer: Bombay HC

The Bombay High Court has held that while computing the two-thirds majority required for passing a no-confidence motion against an officer of a co-operative housing society, the fractional figure cannot be ignored. The Court observed that since removal through a no-confidence motion carries serious consequences and stigma, the provisions governing such removal must be strictly construed....

Advocates Move Bombay HC Against District Judge Recruitment, Say Judicial Officers Cannot Compete Under 25% Direct Quota Meant For Bar

A group of practising advocates has approached the Bombay High Court, challenging the ongoing recruitment process for appointment to the post of District Judge in Maharashtra, contending that serving judicial officers have been illegally permitted to compete under the 25% direct recruitment quota reserved exclusively for practising advocates.The Petitioners submitted that the recruitment to...

[Bombay Rent Act] Heir Need Not Reside With Deceased Tenant At Time Of Death To Inherit Tenancy: Bombay High Court

The Bombay High Court has held that an heir of a deceased tenant is not required to have been residing with the tenant at the time of death to inherit tenancy under Section 5(11)(c)(i) of the Bombay Rent Act, 1947. The Court observed that where no family member was residing with the deceased tenant at the time of death, any heir of the deceased tenant can be recognized as a tenant, and...