Bombay High Court Orders DNA Testing Of Mortal Remains Of Indian Seafarer Killed In Iranian Missile Strike

The Bombay High Court on Tuesday (April 7) ordered the Director General, Shipping to hand over the mortal remains of the Indian Seafarer, who died due to an Iranian missile strike near Oman Coast, to the Director of Forensic Science Laboratory (FSL) in Kalina, Mumbai for conducting a DNA test of the same. A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad...

Cannot Uproot Students Overnight: Bombay High Court Stays Zilla Parishad Notice Moving Special-Needs Children To Regular Schools

The Bombay High Court recently stayed the notice issued by the Chief Executing Officers (CEO) of various Zilla Parishads in Maharashtra, which provided for removing specially-abled children from their special schools to admitting them in normal schools to bring them into the mainstream education.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri opined that admitting...

Bombay High Court Seeks DG Shipping's Stand On Plea For DNA Test Of Seafarer's Remains Killed In Iranian Missile Strike

The Bombay High Court on Monday (April 06) ordered the Directorate General of Shipping established under the Union Ministry of Ports, Shipping and Waterways to clear its stand on a plea seeking DNA tests of the mortal remains of an Indian Seafarer, who died in Oman coast due to an Iranian missile strike.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was...

Bombay High Court Slams Party For Obstructing 2011 Eviction Decree; Imposes 25K Costs & Orders Immediate Possession Warrant

The Bombay High Court has held that it cannot remain a mute spectator when execution of its orders is kept pending for an indefinite period despite there being no subsisting restraint. The Court observed that a decree which remains unexecuted defeats the very purpose of justice, and delay in execution deprives the decree holder of the fruits of the litigation.Justice Ajit B. Kadethankar...

'No Violation Of Right To Property': Bombay HC Upholds Customary Right Of Villagers In Baner To Celebrate 'Bagad' Festival On Private Land

The Bombay High Court has held that recognition of the villagers' customary right to celebrate the Bagad festival on the suit property does not amount to a violation of the right to property of the landowners. The Court observed that the material on record prima facie indicated long and continuous exercise of such right by the villagers, and the orders of the Courts below granting protection...

Plea In Bombay High Court Seeks Return Of Mortal Remains Of Indian Seafarer Killed In Iranian Missile Strike

A writ petition has been filed in the Bombay High Court seeking the return of the mortal remains of an Indian seafarer, who died in Oman coast due to an Iranian missile strike. The petition filed by Amratlal Goklal Solanki claims that their son Dixit Solanki was serving as an Oiler in the Engine Room aboard the vessel MKD, Vyom.The petition states that they were informed on March 1 by...

Elected Member Working As 'Gram Rojgar Sevak' Not Disqualified For Holding 'Office Of Profit' Under Village Panchayats Act: Bombay High Court

The Bombay High Court has held that the post of Gram Rojgar Sevak does not constitute a “salaried office” or “office of profit” under the Maharashtra Village Panchayats Act, 1958, and therefore does not attract the disqualification of an elected member. The Court observed that an elected member of a Village Panchayat who works as Gram Rojgar Sevak while on post, cannot be disqualified...

'Clay Residue Not Sufficient To Conclude JCB Was Used For Illegal Sand Excavation': Bombay High Court Quashes ₹7.5 Lakh Penalty On Farmer

The Bombay High Court has held that the mere presence of a JCB in a farmer's field and residue of clay in its bucket is not sufficient to conclude that it was being used for illegal sand excavation. The Court observed that such assumptions by revenue authorities, without proper inquiry or evidence, reflect a casual and arbitrary exercise of power, causing undue hardship to farmers.Justice Ajit...

Bombay High Court Seeks Maharashtra Govt Response To Plea Against Scrapping Of 5% Muslim Quota In Education

The Bombay High Court on Thursday (April 2) directed the Maharashtra Government to file its response to a writ petition which has challenged the decision of the State to scrap the 5 per cent reservation in education to Muslim community.A division bench of Justice Riyaz Chagla and Justice Advait Sethna ordered the State to file its affidavit-in-reply to the petition by the end of this month...

Bombay HC Declines To Reject Petition Challenging Shiv Sena MLA's Election Over Non-Disclosure Of Material Facts In Poll Affidavit

The Bombay High Court has held that an election petition alleging non-disclosure of material information in the election affidavit cannot be rejected at the threshold if it discloses triable issues requiring adjudication. The Court observed that where specific averments indicate suppression of material facts affecting the validity of nomination, the petition must proceed to trial.Justice...

'Courts Run By Humans, Not AI': Bombay High Court Refuses Out-of-Turn Hearing For 2021 Appeal, Says 30 Yr Old Cases Pending

While refusing to expedite the hearing in a First Appeal pending since 2021, the Bombay High Court recently remarked that it is not humanly possible to dispose of First Appeals at the admission stage itself as the courts dealing with these cases are run by humans and not artificial intelligence.Justice Jitendra Jain pointed out that there are matters which are pending in the court for more...

Bombay High Court Allows Congregation With Telangana MLC Rajasinh In Nanded, Subject To Undertaking Against Hate Speech

The Bombay High Court recently quashed and set aside an order passed by Maharashtra's Nanded Police refusing permission to controversial right-wing leader T Rajasinh Thakur to participate in a congregation, on the ground that his 'inflammatory' hate speeches cause differences between the Hindu and Muslim communities. Thakur popularly known as T Raja, is presently serving as an independent...