"Is There Any Rule Against Films On Constitutional Figures?": Bombay High Court Asks CBFC To Watch 'AJEY', Decide On Its Release

The Bombay High Court has directed the Central Board of Film Certification to watch the film 'AJEY' based on a book written on the life of UP Chief Minister Yogi Adityanath and take a reasoned decision on its release.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale were irked to note that despite making a statement on July 17 that it will take a decision as per norms on...

Purpose Of Allowing Furlough Is For Social Integration, Mere Overstay Doesn't Justify Continued Denial Of Leave: Bombay High Court

The Bombay High Court has held that mere past instances of overstay during furlough, particularly if they occurred over a decade ago, cannot by themselves justify the continued denial of furlough leave, especially when the convict has not been released since. It reiterated that such denial defeats the very objective of reformation and social reintegration underlying the concept of...

Discharge Of Public Servant Accused Of Corruption Due To Invalid Sanction Doesn't Bar Second Trial After Obtaining Sanction: Bombay High Court

The Bombay High Court has held that where prosecution against a public servant for corruption is initiated without valid sanction from the competent authority, the entire trial stands vitiated; however, a fresh trial is not barred if a valid sanction is subsequently obtained. The Court highlighted that discharge in such a manner will send a wrong signal to society.Justice Urmila Joshi Phalke...

Husband's Friend Is Not His Relative, Can't Be Booked U/S 498A IPC: Bombay High Court

A male friend of the husband is not his relative and thus cannot be booked under section 498A of the Indian Penal Code (IPC), held the Nagpur bench of the Bombay High Court recently, while quashing a First Information Report (FIR) lodged against a man booked under the said offence. A division of Justices Anil Pansare and Mahendra Nerlikar noted that one of the applicants before it was...

Wife Accusing Husband Of Impotency In Divorce Proceedings Not Defamation: Bombay High Court

A wife in her divorce petition or FIR, stating that her husband is 'impotent' would not amount to defamation, the Bombay High Court held recently while quashing a defamation case against a woman, her brother and father. Single-judge Justice Shriram Modak held that a wife making an allegation that her husband is impotent and this has caused mental cruelty to her, is justified. "In a Hindu...

Proceedings Can Be Remitted Back To Same Arbitrator U/S 33 & 34(4) Of A&C Act Only Before Passing Of Award: Bombay High Court

The Bombay High Court Division Bench, comprising Chief Justice Alok Aradhe and Justice Sandeep V. Marne, observed that a Section 34 Court can only remit back to the same Arbitration following the procedure for remand u/s 33 and 34(4). The act of the Appellant not issuing a notice u/s 21 of the A&C Act to the Respondent, and approaching the same Arbitration, who initiates...

[S.438 BNSS] Sessions Court Cannot Entertain An Issue Outside Scope Of Original Proceedings Under Revisional Jurisdiction: Bombay High Court

The Bombay High Court has held that a Sessions Court, while exercising its revisional jurisdiction under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, cannot entertain applications or pass orders that alter the status quo regarding possession, particularly when the original proceedings pertain to maintenance of public order under Section 164 BNSS.A single judge bench of...

Bombay High Court Refuses To Quash FIR Against Woman Who Reacted With 'Laughing Emoji' To Messages Praising Operation Sindoor

Sending a 'laughing emoji' to the celebrations of 'Operation Sindoor' in a WhatsApp group, putting a video status of Indian flag burning and that of Prime Minister sitting on a rocket, would attract offences of endangering sovereignty, integrity and unity of India and also promoting enmity between two groups, the Bombay High Court held today (July 29).A division bench of Justices Ajay Gadkari...

'Violates Constitutional Right To Property': Bombay HC Directs Inquiry Into Issuance Of Unilateral Redevelopment Notices U/S 79A Of MHADA Act

The Bombay High Court has held that it is the duty of a constitutional court to intervene and inquire into instances where state power is alleged to have been abused for extraneous considerations. It directed the constitution of a high-level committee to examine the issuance of 935 notices under Section 79-A of the Maharashtra Housing and Area Development Act, 1976, by the Executive...

'Mere Imposition Of Costs Cannot Justify Condonation Of Inordinate Delay Without Sufficient Cause': Bombay High Court

The Bombay High Court has held that in the absence of a reasonable and plausible explanation, inordinate delay in filing a restoration application cannot be condoned merely by imposing costs, and doing so would amount to disregarding accrued rights of the opposite party.Justice Mrs. Vrushali V. Joshi was hearing a civil revision application filed by the original defendant challenging the order...

Live-In Agreement With Man To Give Birth For Consideration Akin To Surrogacy, No Free Consent: Bombay High Court Refuses To Quash Rape Case

An alleged consent given in an agreement to 'live' with a man for a year and give birth to his child for some consideration, is not a free consent as it is a form of surrogacy, which is banned in India, held the Bombay High Court while refusing to quash rape FIR against a man. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh rejected the argument of the applicant - Amit...

Merely Attending PFI Seminars & Physical Training Does Not Amount To Terrorist Act Under UAPA: Bombay High Court

Merely attending seminars and participating in physical training like karate etc conducted by the Popular Front of India (PFI), will not attract provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) which penalise terrorist act, held the Aurangabad bench of the Bombay High Court recently held while granting bail to three men booked for being active members of PFI.A...