Default Bail Can Be Granted Even If Application Is Filed Under Regular Bail Provisions: Bombay High Court Grants Bail In NDPS Case

The Bombay High Court has held that an accused can be granted default bail even if the application is filed under regular bail provisions, provided the necessary grounds are pleaded. The Court observed that in matters concerning personal liberty, technicalities regarding the form of application cannot defeat the right to seek bail.Justice M.M. Nerlikar was hearing a bail application filed by...

Power Of Attorney Holder Does Not Have Locus To File Complaint On Behalf Of Victim Under SC/ST Act: Bombay High Court

The Bombay High Court has held that a Power of Attorney holder does not have the locus to file a complaint on behalf of the victim for offences under Section 3 of the SC/ST Act. The Court observed that in such cases, the complaint is required to be made by the affected person belonging to the Scheduled Tribe, and not by an agent without specific authorisation.Justice Y. G. Khobragade was...

Atal Setu Suicide: Widow Moves Bombay High Court Seeking Death Certificate After Civic Bodies Deny Jurisdiction

A widow has approached the Bombay High Court seeking a direction to the authorities to issue a death certificate of her husband, who committed suicide by jumping off from the famous 'Atal Setu' bridge which connects South Bombay to Navi Mumbai, after three municipal corporations have denied her relief citing 'lack of jurisdiction.'In her plea, the widow - Sunaina Karuturi, has pointed out...

Bombay High Court Calls For Special Appellate Tribunals To Ensure Timely Adjudication Under Motor Vehicles Act & Railways Act

This appeal for Rs.74,000/- had to wait for 15 years to come up for admission, the Court noted.

Fresh Service Affidavit Based On Earlier Rejected Documents Cannot Prove Summons Service: Bombay High Court Imposes ₹50K Cost

The Bombay High Court has held that filing a fresh service affidavit based on documents earlier disapproved by the Court cannot be accepted as proof of service of summons. The Court observed that such conduct, despite repeated directions, warrants imposition of costs.Justice Gauri Godse was hearing an interim application filed by the defendants seeking permission to treat their affidavit in...

Deletion Under Order 1 Rule 10 CPC Not Akin To Withdrawal Of Suit; Deleted Pendente Lite Purchaser Remains Bound By Decree: Bombay HC

The Bombay High Court has held that deletion of a defendant under Order 1 Rule 10 of the CPC is not equivalent to withdrawal of a suit against that defendant. The Court observed that a purchaser pendente lite continues to be bound by the decree and cannot avoid its consequences merely because his name was deleted from the suit.Justice Ajit B. Kadethankar was hearing a writ petition filed by...

Brother Cannot Claim Deceased Hindu Woman's Estate Over Husband's Heirs U/S 15 Hindu Succession Act: Bombay High Court

The Bombay High Court has held that Section 15(1) of the Hindu Succession Act has not been declared unconstitutional and continues to govern succession to the property of a female Hindu. The Court observed that in the absence of any declaration by a Division Bench or the Supreme Court, the provision remains applicable and must be followed.Justice Firdosh P. Pooniwalla was hearing an...

Bombay High Court Quarterly Digest: January - March 2026 [Citations 01 - 155]

Nominal Index [Citations 2026, LiveLaw (Bom) 1 to 2026, LiveLaw (Bom) 155]Godrej And Boyce Manufacturing Company Limited vs Remi Sales And Engineering Limited, 2026 LiveLaw (Bom) 1Imax Corporation vs E-City Entertainment (I) Pvt. Ltd, 2026 LiveLaw (Bom) 2Reliance Defence & Engineering Ltd vs Afcons Infrastructure Ltd, 2026 LiveLaw (Bom) 3Sun Pharmaceutical Industries Limited vs...

Performing Second Marriage While First One Subsists Is A 'Blunder' But Dismissing From Service Is 'Shocking': Bombay High Court

In a significant ruling, the Bombay High Court on Thursday (April 23) held that though a second marriage during the subsistence of the first marriage is not permissible under the Hindu religion, however, a public servant committing such a 'blunder' cannot be subjected to a 'shocking' punishment of dismissal from service. A division bench of Justice Ravindra Ghuge and Justice Hiten...

NIA Projected 'Altogether New Story', Ignored Findings Of ATS & CBI: Bombay High Court While Discharging Four In 2006 Malegaon Blasts

In its order discharging four men from the 2006 Malegaon blast case, the Bombay High Court has pulled up the National Investigation Agency (NIA) for not going by the investigations conducted by the Maharashtra Anti-Terrorism Squad (ATS) and the Central Bureau of Investigation (CBI), and for coming up with an 'altogether new story' with respect to the blasts.Notably, the ATS, which...

'Public Gathering No Justification For Handcuffing,' Says Bombay High Court; Awards ₹50,000 Compensation

The Bombay High Court on Tuesday (April 21) reminded the Maharashtra Police of its motto—'Sadrakshnaya Khalanighrahanaya' (to protect the good and punish the evil)—while awarding ₹50,000 in compensation to an advocate and a retired military man who were humiliated by being handcuffed.Sitting at the Nagpur seat, a division bench of Justice Urmila Joshi-Phalke and Justice Nivedita...

Bombay High Court Directs RBI To Accept ₹2 Lakh In Demonetised Notes Seized By Police, Preventing Timely Exchange

The Bombay High Court on Wednesday (April 22) directed the Reserve Bank of India (RBI) to exchange the 'demonetised' Rs 500 notes of a man totalling to Rs 2 lakh and provide him with the equivalent amount within eight weeks. A division bench of Justice Urmila Joshi-Phalke and Justice Nivedita Mehta noted that the amount owned by one Girish Malani was seized by the local police while he...