Mere Transfer Of Money With Interest Doesn't Make A 'Money Lender'; Bar Under Money Lending Act Can't Be Decided At O.VII R.11 Stage: Bombay HC

The Bombay High Court has held that merely advancing money, even at interest, does not automatically render a party a “money lender” within the meaning of the Maharashtra Money Lending (Regulation) Act, 2014. The Court observed that the applicability of the statutory bar under Section 13 of the Act cannot be conclusively determined at the threshold stage of considering an application...

Recognising Single Mother As 'Complete Parent' Is Not Charity: Bombay High Court Orders Removal Of Father's Name From Child's School Record

Recognition of a single mother as a complete parent for a child's civic identity is not an act of charity; it is constitutional fidelity and also reflects the movement from patriarchal compulsion to constitutional choice, from lineage as fate to dignity as right, the Bombay High Court observed recently while ordering modification of a minor girl's school records, by removing her father's name...

Bombay High Court Criticises Maha Govt Over 'Systemic' Failure In Dealing With Land Acquisition Cases, Asks State To Be In 'Mission Mode'

Criticising the Maharashtra Government for its 'systemic' failure to pay proper compensations in land acquisition cases, which reflect a 'disturbing and sorry state of affairs' the Bombay High Court on February 17, directed the State to be on a 'mission mode' and identify pending cases of land acquisition across the State and then conclude the same by passing awards etc. Sitting at the...

Long-Standing Discretionary Benefits Can Crystallise Into Service Conditions; Employer Cannot Withdraw Without Notice: Bombay High Court

The Bombay High Court has held that when a discretionary concession is granted repeatedly over decades through formal administrative approvals and published circulars, it may crystallise into a customary concession or service condition, and the employer cannot withdraw it without complying with Section 9-A of the Industrial Disputes Act, 1947. The Court observed that prospective discontinuance...

'Cannot Specify Date For Return To India, English Courts Have Barred Me From Leaving England': Vijay Mallya Tells Bombay High Court

Former liquor baron Vijay Mallya on Wednesday while citing orders passed by the courts in England, told the Bombay High Court that he is unable to 'precisely' spell out as to by when he would exactly return to India since the English courts have barred him from leaving their jurisdiction. Notably, a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad had on December...

[POCSO Act] When Law Prescribes Minimum Punishment, Courts Have No Discretion To Award Lesser Sentence: Bombay High Court

The Bombay High Court has held that an increase in the length of sentence as a consequence of awarding the statutory minimum sentence cannot be termed as “enhancement of sentence” within the meaning of Section 386 of the Code of Criminal Procedure. The Court observed that where the legislature has prescribed a mandatory minimum punishment, imposition of such minimum by the Appellate Court...

Bombay High Court Imposes ₹5 Lakh Cost On Litigant Seeking Protection For Illegal Structure On Public Street; Flags Inaction By Authorities

The Bombay High Court has imposed costs of Rs. 5 lakhs on a litigant who sought protection against demolition of an unauthorized structure situated on a public street, holding that a party seeking to perpetuate illegality on public land is not entitled to equitable relief. The Court observed that prolonged retention of such structures through litigation encourages similar encroachments...

Summons Served Through Mobile Phone/ WhatsApp Valid Under BNSS: Bombay High Court Sets Aside Cost Imposed On Constable

In a significant order, the Bombay High Court has held that the service of summons through an electronic mode or even through a mobile phone would be legal as it is permitted under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Single-judge Justice Urmila Joshi-Phalke sitting at the Nagpur seat, quashed an order of a Special POCSO Court which had imposed costs on a constable in...

Actor Shatrughan Sinha Moves Bombay High Court To Protect His Personality Rights Including His Iconic Dialogue 'Khamosh'

Bollywood actor Shatrughan Sinha has moved the Bombay High Court seeking to protect his 'personality rights' citing the unauthorised use of his name, image, and especially his iconic dialogue "Khamosh."Sinha's suit was heard by single-judge Justice Sharmila Deshmukh on Monday and was reserved for ad-interim orders.In his plea through INDIALAW LLP, the veteran actor has explained that he...

Separate Society Can't Be Registered Without Statutorily Bifurcating Existing One Under Maharashtra Cooperative Societies Act: High Court

The safeguards under the Maharashtra Cooperative Societies (MCS) Act for division of an existing housing society into two or more cannot be bypassed, the Bombay High Court made it clear recently while quashing an order registering a separate society comprising of 10 shops of a building, which was carved out of an existing society.Single-judge Justice Amit Borkar held that without...

Bombay High Court Seeks ED Response On Anil Deshmukh's Plea To Defer Framing Of Charges In Money Laundering Case

The Bombay High Court on Monday directed the Enforcement Directorate (ED) and also the Maharashtra Government to file their affidavits in response to a plea filed by former State Home Minister Anil Deshmukh, who has sought a temporary stay on the framing of charges in the money laundering case lodged against him.Deshmukh, who petitioned a single-judge bench of Justice Ashwin Bhobe has urged...

Senior Citizen Must Show Inability To Maintain Oneself; Not Every Family Dispute Attracts Maintenance Act: Bombay High Court

In a significant ruling, the Bombay High Court while quashing a Tribunal's order directing two sons to vacate the property of their father, recently held that every dispute or conflict between a senior citizen and his children will not fall within the ambit of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.Single-judge Justice Somasekhar Sundaresan quashed and set aside...