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 Bombay High Court

Citizens Must Be Disciplined, They Dont Engage In Such Activities Abroad: Bombay High Court Directs Action Against Plastic Littering

The Bombay High Court has expressed serious concern over the reckless conduct of citizens in indiscriminately dumping garbage and plastic waste on public streets, observing that such behaviour is causing serious damage to the environment and placing undue pressure on the municipal machinery. The Court further observed that while citizens must inculcate civic discipline, which is the basic duty...

CARA To Issue NOC For Child Adopted Under HAMA; Hague Convention Not Attracted In Expatriate Adoption: Bombay High Court

The Bombay High Court has held that Articles 5 and 17 of the Hague Convention would not apply where the competent authority of the receiving country has categorically stated that the adoption is an "expatriate adoption" falling outside its regulated inter-country adoption process. The Court further observed that although the adoption in question was governed by the Adoption Regulations, 2022,...

Workshops Are Public Places Under Motor Vehicles Act; Insurer Liable For Blast During Repair Of Stationary Vehicle: Bombay High Court

The Bombay High Court has held that a private motor garage is a "public place" within the meaning of Section 2(34) of the Motor Vehicles Act, 1988, as members of the public have a right of access to such premises for purposes like vehicle repairs and related services. The Court observed that a vehicle stationed in a garage for repairs continues to be in "use" under the Act and, therefore,...

Externment Of Gang Member Under Police Act Requires Satisfaction About Gangs Activities, Not Individual Alone: Bombay High Court

The Bombay High Court has held that the "subjective satisfaction" required for passing an externment order under Section 55 of the Maharashtra Police Act, 1951 against a gang or body of persons is fundamentally different from the satisfaction required under Section 56 for externment of an individual. The Court observed that while Section 55 requires the authority to be satisfied about...

Wrong Claim Of Travel Distance For Transport Allowance Doesnt By Itself Amount To Misappropriation: Bombay High Court

The Bombay High Court has held that making an incorrect claim regarding travel distance for transport allowance cannot, by itself, be equated with misappropriation of the employer's funds. The Court further observed that where the misconduct is accompanied by mitigating circumstances, and the punishment of dismissal is shockingly disproportionate to the nature of the charge proved,...

Bombay High Court Adjourns Same Sex Couples Tax Exemption Plea Till Karnataka High Court Decides Identical Matter

The Bombay High Court on Thursday (July 30) adjourned sine die the plea filed by a same sex couple seeking 'exemption' under section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on 'gifts' between heterosexual couples.A division bench of Justice Burgess Colabawalla and Justice Firdosh Pooniwalla has kept the matter in abeyance until an identical matter pending before...

Bombay High Court Calls For Civic Accountability To Tackle Plastic Waste Crisis, Suggests Linking Ward Officers ACRs To Cleanliness

The Bombay High Court has directed the Municipal Corporation of Greater Mumbai (MCGM) to formulate a comprehensive ward-wise cleanliness framework and consider linking the performance of Ward Officers in maintaining sanitation standards to their Annual Confidential Reports (ACRs). The Court further observed that Mumbai's recurring plastic waste crisis, particularly garbage washed ashore...

Reservation Of Sarpanch Post Must Follow Statutory Rotation; Consecutive Reservation For Women Impermissible: Bombay High Court

The Bombay High Court has held that where the office of Sarpanch of a Gram Panchayat was reserved for the Women category in the immediately preceding term, it must ordinarily revert to the Open (General) category in the succeeding term in compliance with the statutory principle of rotation under the Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964. The Court...

Passing Eviction Orders Without Enforcement Machinery Renders Law Meaningless: Bombay High Court

The Bombay High Court has held that merely passing eviction orders without providing an effective mechanism for their implementation renders the statutory scheme under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 meaningless. The Court further observed that the Competent Authority is under a statutory obligation to enforce eviction orders and cannot refuse to...