Indiscriminate Invocation Of S.498A IPC Trivialises Its Object: Bombay High Court Bemoans Misuse Of Law By Educated Women; Quashes FIR

The Bombay High Court while quashing a First Information Report (FIR) filed against a man and his family held that "indiscriminate" invoking of section 498A of the Indian Penal Code (IPC) by "highly educated" women complainants, only trivialises the object of the section 498A. Sitting at the Nagpur seat, single-judge Justice Pravin Patil noted the "disturbing pattern" of educated women...

Land Reservation Lapses If No Acquisition Steps Taken Within 24 Months Of Purchase Notice Under MRTP Act: Bombay High Court

The Bombay High Court has held that if no steps are commenced for the acquisition of land after the expiry of the stipulated period under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966, the land is deemed to be released from such reservation, allotment or designation. The Court observed that once a valid purchase notice is served and the Planning Authority fails to...

Assault To Dissuade Love Relationship Against Family Wishes Not Against 'Public Order': Bombay High Court Quashes Preventive Detention

Assaulting a boy to dissuade him from continuing a love relationship which is objected by the girl's family is an 'individualistic' act and cannot be considered to be against 'public order' to detain a person under 'preventive detention' laws, held the Bombay High Court earlier this month. Sitting at the Kolhapur circuit seat, a division bench of Justice Ravindra Avachat and Justice...

Section 9 MEPS Act Cannot Be Expanded To Cover Pay, Increment Or Monetary Claims By School Employees: Bombay High Court

In a significant ruling, the Bombay High Court on Friday (Feb 6) held that section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS) cannot be invoked in disputes pertaining to 'salary scale' as it would result in expanding the provisions' scope and also make the School Tribunals, a general forum to hear all kinds of financial claims...

Bombay High Court Dismisses Retired Zilla Parishad Doctors' Plea For NPA From 2016, Calls It Impermissible Judicial Interference In Policy

The Bombay High Court has held that fixation of an operative date for extending a fiscal or service-benefit, such as Non-Practising Allowance (NPA), is a matter of executive policy and that classification based on the date of retirement does not per se violate Article 14 of the Constitution. The Court observed that the reliefs sought would require the Court to rewrite the Government Resolution...

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...