Lok Adalat Cannot Deny Opportunity Of Cross Examination To Party Without Reasons, Even Though Summary Procedures Are Followed: Bombay HC

The Bombay High Court has held that the Permanent Lok Adalat (PLA) must adhere to the principles of natural justice as enshrined in Section 22-D of the Legal Services Authorities Act, 1987, even though summary procedure is followed. The Court quashed the PLA's order in a dispute involving a telecom bill, on the ground that the petitioner was denied the right to cross-examine the...

Bombay High Court 'Disturbed' After Police Officer Produces Imposter In Court, Instead Of Original Complainant In FIR Against Zee TV Show

The Bombay High Court was recently disturbed by the conduct of a Cyber Crime Police Officer, who produced an imposter before the court passing him off as a complainant in a First Information Report (FIR) against a TV serial "Tum Se Tum Tak" aired on popular channel Zee TV.A division bench of Justices Ravindra Ghuge and Gautam Ankhad noted that the complainant as per the FIR - Sunil Sharma,...

'7,000 Idols Is A Huge Number': Bombay High Court Urges Maharashtra Govt To Explore Artificial Immersion For Taller Ganesh Idols

In a development in the ongoing litigation with respect to ban on Plaster of Paris (PoP) made Ganesh idols and immersion of the same in natural waterbodies, the Maharashtra Government today furnished a new policy before the Bombay High Court stating that it will permit immersion of only idols above 5 feet in natural water bodies and the same will be removed the next morning itself, to avoid...

Absence Of Certificate Under Rule 4 Of MahaRERA Rules Does Not Bar Maintainability Of Execution Application Before Civil Court: Bombay HC

The Bombay High Court has held that the certificate contemplated under Rule 4 of the MahaRERA Rules, 2017, is not mandatory in an execution application, and the object of this Rule is to ensure that the directions for handing over possession are executed by the civil court within whose jurisdiction the project is situated.Justice Gauri Godse was hearing a challenge to a civil court's...

Bombay High Court Grants Relief To Uber Against Protests By Rickshaw Unions After Threats Of Violence, Disruption Of Services

The Bombay High Court has granted urgent ex parte ad interim relief to Uber in its plea seeking protection against protests scheduled to be held by Rickshaw drivers unions from 23rd July (today) over threats of violence and disruption to their services.The plea was heard by a single bench of Justice R.I. Chagla.Counsel for Uber submitted that recently, agitations had started against their...

Bombay High Court Directs GST Council To Develop Mechanism For Cross-State ITC Transfer In Mergers/Amalgamations

The Bombay High Court has directed the GST Council and GST Network to develop a mechanism for cross-state ITC transfer in Mergers/amalgamations. Justices Bharati Dangre and Nivedita P. Mehta permitted the IGST and CGST amount lying in the electronic credit ledger of the Transferor Company to be transferred to the Petitioner Company by physical mode for the time being, subject to...

Welfare & Comfort Of Child Prevails When Pitted Against Personal Law: Bombay High Court Lets Muslim Mother Retain Custody Of 9-Yr-Old

The Aurangabad bench of the Bombay High Court on Monday (July 21) held that even when a personal law is pitted against the welfare and comfort of a child, the latter would always have an upper hand. Single-judge Justice Shailesh Brahme noted that the Muslim Personal Law allows the custody of a minor above the age of 7-years to the father and the child in the instant case was 9-years-old....

Maharashtra ATS Tortured Accused, Officers Were Frustrated: Bombay High Court While Acquitting 12 Men From 7/11 Mumbai Train Blasts Case

The Bombay High Court while acquitting all the 12 convicts in the infamous 7/11 Mumbai train blast case, observed that the Maharashtra Anti Terrorism Squad (ATS) probing the case tortured the accused in the most 'inhuman and barbaric' manner as the officers were 'frustrated' at the relevant time and thus the 'confessional statements' of the accused obtained by the cops, were...

Bombay High Court Again Flags 'Copy-Paste' Witness Statements In Criminal Cases, Asks State To Address 'Menace'

In a continuing expression of concern, the Bombay High Court recently once again flagged the practice of 'copy-pasting' witness statements by investigating officers and directed the State Government to address this growing 'menace'. A division bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh made these observations while disposing of a Criminal Application,...

Bombay High Court Gets Two New Judges Increasing Strength To 66

Justice Shree Chandrashekhar and Justice Suman Shyam were sworn in as judges of the Bombay High Court on Monday (July 21). With the swearing-in of the two new judges, the strength of High Court now stands at 66 against the sanctioned strength of 94 judges.Justice Chandrashekhar was transferred from Rajasthan High Court while Justice Shyam was transferred from Gauhati High Court. Chief...

7/11 Mumbai Train Blasts: Bombay High Court Acquits All 12 Accused

Bombay High Court has quashed and set aside the judgment of a special MCOCA court, which handed over the death sentence to 5 and life term to 7 accused booked for conspiring and executing the bombs in Mumbai's Western Railway local line. 7 bombs had ripped through the local lines in Mumbai. A total of 189 citizens lost their lives and nearly 820 innocents sustained severe injuries in these...

Entry In Scheduled Tribe List Must Be Read As It Is, Pre-Constitutional Evidence Cannot Be Ignored: Bombay High Court

The Bombay High Court has held that pre-constitutional documentary evidence showing consistent entries of Scheduled Tribe status cannot be disregarded merely on the ground that the claimants fail to satisfy the affinity test. The Court quashed an order of the Scheduled Tribe Caste Certificate Scrutiny Committee and directed it to issue validity certificates to Vedant Wankhade and his father,...