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 Bombay High Court

S.50 NDPS Act | Oral Refusal To Be Searched Before Magistrate Or Gazetted Officer Insufficient: Bombay High Court Grants Bail

The Bombay High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that an oral waiver of the right available under Section 50 of the Act is not sufficient. The Court observed that where an accused elects not to exercise the right of being searched before a Gazetted Officer or a Magistrate, such waiver must be reduced into...

Bombay High Court Upholds Members Expulsion From Mumbai Press Club For Facilitating Meeting Of Bhima-Koregaon Accused

The Bombay High Court has refused to stay the expulsion of a member from the Mumbai Press Club, holding that it is the prerogative of the Club to determine what conduct brings the institution into disrepute. The Court observed that where the Managing Committee has acted within its jurisdiction and followed the procedure prescribed by the Club's bye-laws, the Court cannot substitute its...

Oral Instructions Cant Override Statutory Duty: Bombay High Court Pulls Up Municipal Corp For Delaying Occupation Certificate

The Bombay High Court has expressed strong displeasure over the Municipal Corporation of Greater Mumbai (MCGM) keeping an application for an Occupation Certificate (OC) pending solely on the basis of alleged oral instructions issued by the Additional Chief Secretary. The Court observed that statutory authorities are required to act strictly in accordance with law and that oral instructions...

Bombay High Court Suspends Sentence Of Mother, Alleged Paramour Convicted Of Drowning 10-Year-Old Boy In Canal

The Bombay High Court recently granted bail and suspended the lifetime rigorous imprisonment imposed on a woman and her alleged lover, both of whom were convicted for killing the woman's son as he allegedly learnt about their affair. Sitting at the Kolhapur bench, a division bench of Justice Milind Jadhav and Justice Nandesh Deshpande noted that the motive attributed to the convicts...

Co-Operative Societies Act | Strangers Can Be Impleaded In Society Dispute If Necessary For Adjudication: Bombay High Court

The Bombay High Court has held that a Co-operative Court exercising powers under Section 94(3)(c) of the Maharashtra Co-operative Societies Act, 1960 can implead a person who is not covered by the categories enumerated under Section 91(1)(a) to (e), if such person's presence is necessary for the effective and complete adjudication of the questions involved in the dispute. The Court,...

Revenue Officers Cannot Adjudicate Caste Status For Removing Tribal Land Protections: Bombay High Court

The Bombay High Court has held that revenue authorities cannot adjudicate or determine the caste or tribe status of a person while exercising powers under Sections 36 and 36A of the Maharashtra Land Revenue Code, 1966. The Court observed that the determination of Scheduled Tribe status lies exclusively with the Caste Scrutiny Committee, and a revenue officer cannot deprive a person or...

Accident Compensation | No Presumption On Govt Doctors Having Private Practice; Burden On Claimant To Show Earnings: Bombay High Court

The Bombay High Court has held that there is no presumption that a Government doctor has a private medical practice or earns additional income therefrom. The Court observed that the burden lies upon the claimant to establish, by cogent evidence, that he was actually engaged in private practice and earning income from it before claiming compensation under the Motor Vehicles Act on...

Discord Between Parents And Wife Not A Ground To Deny Monthly Maintenance To Elderly Parents: Bombay High Court

A family discord between a man's parents and his wife is not a sufficient ground for him to stop paying for the maintenance and medical expenses of his own parents, held the Bombay High Court recently while upholding an order of a Senior Citizens' Tribunal directing a man, who worked in Dubai to pay Rs 8,000 as maintenance to his old parents. [2026 LiveLaw (Bom) 322]Sitting at the Goa...

Custodial Assault To Extract Confession Not Official Duty, No Prior Sanction Needed To Prosecute Police Officers: Bombay High Court

Assaulting a suspect for a confessional statement would never be an act in discharge of official duty of any police officer, held the Bombay High Court while refusing to discharge three policeman, who had allegedly assaulted a man— forcing him to confess to a murder offence. [2026 LiveLaw (Bom) 319]Sitting at the Kolhapur bench, single-judge Justice Sandesh Patil noted that in the instant...