Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court

The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years.Justice Bharati Dangre set aside the trial court’s order refusing to discharge the man...

[Amruta Fadnavis Complaint] Bombay High Court Dismisses Bookie Anil Jaisinghani's Plea Alleging Illegal Arrest

The Bombay High Court on Monday dismissed bookie Anil Jaisinghani's plea alleging illegal arrest in the case filed by deputy chief minister Devendra Fadnavis's wife - Amruta Fadnavis.The bench of Justice AS Gadkari and PK Naik passed the order. Fadnavis has alleged that Aniksha Jaisinghani, Anil Jaisinghani's daughter, attempted to bribe her with Rs 1 Crore to seek her “intervention” in...

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court

The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception.Justice GA Sanap of the Nagpur bench dismissed a man’s plea seeking paternity test of a child born during cohabitation with his wife. The man did not...

Bombay High Court Criticizes Sessions Judge For Giving "Single-Line" Reasoning While Setting Aside Magistrate's Detailed Order

The Bombay High Court recently criticized a sessions judge for giving a single line reasoning to set aside a well-reasoned order passed by the judicial magistrate.Justice SG Mehare of the Aurangabad bench said that while writing a judgement in appeal, the court has to appreciate the case as if it is a trial before it.“…the learned Additional Sessions Judge has recorded a single-line...

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation –“One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting...

Bombay High Court Stays Felling Of 177 Trees At Aarey Colony, Asks MMRCL To First Seek Clarification From Supreme Court

The Bombay High Court restrained the Mumbai Metro Rail Corporation from felling 177 trees at Aarey Forest without the MMRCL seeking a clarification from the Supreme Court.A division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to...

Transgender Person Who Underwent Surgery To Change Gender To Female Can File Complaint Under Domestic Violence Act: Bombay High Court

The Bombay High Court recently held that a transgender woman who has undergone sex re-assignment surgery can be an “aggrieved person” under the Domestic Violence Act and has the right to seek interim maintenance in a domestic violence case.Justice Amit Borkar dismissed a man’s petition challenging maintenance awarded to his wife, a trans-woman, observing –“…the Transgender who...

Bombay High Court Weekly Round-Up: March 19 To March 25, 2023

Nominal Index [Citation 148 - 158]Seawoods Estates Ltd. v. Mona Mohan And Ors. 2023 LiveLaw (Bom) 148Terezinha Martins David v. Miguel Guarda Rosario Martins and Ors. 2023 LiveLaw (Bom) 149National Textile Corporation Ltd vs. Elixir Engineering Pvt Ltd & Anr. 2023 LiveLaw (Bom) 150Raj Shrikant Thackeray v. State of Maharashtra 2023 LiveLaw (Bom) 151Mahadev Gaur Bishwas v. State of...

Custom Authorities Don’t Have Any Power To Seal Immovable Property: Bombay High Court

The Bombay High Court recently held that the Custom authorities do not have any power to seal the premises of a person allegedly involved in smuggling goods.A division bench of Justice Sunil B Shukre and Justice Kamal Khata in a writ petition held, “…we find that there is no power available with the custom authorities to seal premises of any person, which are nothing but a form of...

Mumbai Metro: Bombay High Court Dismisses Plea Against Line 4; Says No Legal Error In Alignment, Acquisition Proceedings

The Bombay High Court on Thursday rejected a challenge to alignment of Mumbai's Metro Line 4 observing that the petitioners attempted to stall and delay the project of public importance under the garb of enforcing their private rights.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne stated that the petitioners raised baseless arguments and made MMRDA...

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court

The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's.Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a partition suit...