Person Not Christian Just Because There Are Paintings Of Holy Cross, Statue Of Lord Jesus In His House: Bombay High Court

Mere presence of a painting of the Holy Cross or a statue of Lord Jesus Christ in a person's house cannot be used as a ground to hold that the said person or his forefathers have converted into Christianity, held the Bombay High Court recently. Sitting at the Nagpur seat, a division bench of Justice Mukulika Jawalkar and Justice Nandesh Deshpande quashed and set aside an order of a District...

Municipal Corporation Of Greater Mumbai Fire Brigade Is Part Of Same Industrial Establishment Under Standing Orders Act: Bombay High Court

The Bombay High Court has held that the Fire Brigade Department is an integral part of the Municipal Corporation of Greater Mumbai and constitutes an industrial establishment within the meaning of the Industrial Employment (Standing Orders) Act, 1946. The Court observed that there is unity of ownership, management, finance and functional integrity between the Corporation and its Fire...

Low Deterrent Effect, Diminished Fear Of Law Fuel Violations In India; Penal Provisions Need Firm Enforcement: Bombay High Court

The Bombay High Court recently invoked Benjamin Franklin and explained how laws in India continue to be violated only because of low deterrent effect and how important it is in a civilised society, to obey law out of principle rather than just fear of punishment. Single-judge Justice Jitendra Jain explained that penal provisions have a dual effect - one to penalise an offender or defaulter...

'Stamp Duty Revision Must Conclude Within 6 Years': Bombay High Court Quashes ₹1 Cr Deficit Demand In Slum Rehab Deal

The Bombay High Court has held that the six-year limitation prescribed under Section 53A of the Maharashtra Stamp Act, 1958, governs the entire revisional process, from initiation to passing of the final order, and not merely the issuance of notice. The Court observed that a fiscal statute must be construed strictly and that permitting initiation within six years but completion thereafter...

Absence Of Medical Officer's Opinion On Sexual Assault Not Fatal To Prosecution Under POCSO Act: Bombay High Court

In a significant ruling, the Bombay High Court recently held that in cases under the Protection of Children from Sexual Offences (POCSO) Act, a person cannot be acquitted just because the medical officer does not give any opinion about sexual assault. Single-judge Justice Ravindra Joshi, while upholding a man's conviction under section 376(2)(i) of the Indian Penal Code (IPC) and sections 6...

Threat Of Suicide To Force Girl To Accompany Accused Constitutes Kidnapping: Bombay High Court

If a man threatens a girl to come along with him else he will commit suicide, the same would amount to 'enticing' her and a clear case of kidnapping is made out in such circumstances, held the Goa bench of the Bombay High Court recently.Single-judge Justice Shreeram Shirsat while upholding a man's conviction under section 363 (kidnapping) and section 376 (rape) of the Indian Penal Code (IPC)...

Mental Healthcare Act Can't Be Used As Litigation Weapon: Bombay High Court Rejects Plea To Subject Father To Mental Examination

Passing orders directing Mental Health Review Board (MHRB) under section 105 of the Mental Healthcare Act of 2017 to ascertain a person's mental health based on the proof adduced by his or her opponent, would create a mechanism that may be weaponised by an adversarial party instead of protecting the 'rights' of the person, held the Bombay High Court recently.Notably, section 105 enables...

Can A Student Be Expelled From School For Non-Payment Of Fees During Elementary Education? Bombay High Court Answers

Emphasising on the importance of education in today's world, the Bombay High Court recently came to rescue of a 13-year-old girl student, who was removed from her school for non-payment of fees.Sitting at the Nagpur seat, a division bench of Justice Anil Kilor and Justice Raj Wakode held the school's action to be 'illegal and arbitrary' in view of the Right of Children to Free and...

Maharashtra Govt Flags Security Risk In Allowing Muslim Cab Drivers To Offer Namaz Near Airport; High Court Calls For Alternate Arrangement

The Maharashtra Government on Thursday informed the Bombay High Court that it cannot permit Autorickshaw-Taxi and Ola-Uber cab drivers to offer Namaz at a temporary shed in the vicinity of the Domestic Terminal of the Chhatrapati Shivaji Maharaj International Airport (CSMIA), even for the ongoing holy month of Ramadan, due to 'security' reasons.A division bench of Justice Burgess Colabawalla...

Demolition Of Tenanted Premises During Eviction Suit Does Not Extinguish Tenancy Or Defeat Landlord's Bona Fide Requirement: Bombay HC

The Bombay High Court has held that demolition of tenanted premises during the pendency of an eviction suit does not extinguish the tenancy nor defeat the landlord's bona fide requirement under the Maharashtra Rent Control Act, 1999 (MRCA). The Court observed that where tenancy is created in respect of a building standing on land, both the land and the superstructure constitute the subject...

Bombay HC Quashes FIR Against 85-Yr-Old For 'Inverted' Display Of Indian Flag; Says 'Intention To Insult' Essential Under National Honour Act

An 'intention' to insult the Indian National Flag by displaying it inverted - saffron down - is required for a person to be booked under the provisions of the Prevention of Insults to National Honour Act, 1971, held the Bombay High Court while quashing a First Information Report (FIR) lodged against a 85-year-old man booked for insulting the national tricolour by displaying it inverted on...

Bombay High Court Reserves Verdict On Rahul Gandhi's Plea To Quash Defamation Case Over 'Chowkidar Chor' Comment

The Bombay High Court on Tuesday reserved orders on a petition filed by Congress leader Rahul Gandhi seeking quashing of a criminal defamation complaint over his alleged remarks describing Prime Minister Narendra Modi as “Choro Ke Sardar” and “Commander-in-Thief”. Justice N. R. Borkar, after hearing detailed submissions from all sides, directed that the matter be reserved for judgment...