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,...

UAPA Is A 'Deterrent' To Unlawful Activities, Cannot Be Equated With Preventive Detention Due To Its Title: Bombay High Court

While upholding the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA), the Bombay High Court on Thursday held that the Act can be construed to be 'deterrent' to the commission of unlawful activities, but by no stretch of imagination can it be equated with 'preventive detention.'A division bench of Justices Ajay Gadkari and Dr Neela Gokhale rejected the petition filed...

Member Of Society Can Be Directed To Vacate Premises U/S 9 Of Arbitration Act For Smooth Redevelopment: Bombay High Court

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne held that a member of a society can be directed to vacate the premises occupied by them under Section 9 of the Arbitration Act to ensure smooth redevelopment, if they act contrary to the terms of the Development Agreement These Appeals have been filed under Section 37 of the Arbitration and...

Bombay HC Takes Suo Moto Cognisance Of News Report Claiming 300 Colleges Across State Had No Students, But Staff Were 'Pocketing Crores'

The Nagpur bench of the Bombay High Court recently expressed shock over the fact that there were around 300 colleges across Maharashtra which did not have a single student but yet their staff are getting paid hefty salaries.A division bench of Justices Nitin Sambre and Sachin Deshmukh took Suo Motu cognisance of the news item published on July 12, in the Times of India, which read, "No...

Mother Is Child's Natural Guardian After Father's Death, Even If He Is Residing With Grandparents For A Long Time: Bombay High Court

The Bombay High Court has held that after the father's death, the mother becomes the natural guardian of a minor and cannot be denied interim custody unless there is clear evidence that her guardianship would be detrimental to the welfare of the child. The Court set aside an order of the District Judge denying interim custody to the mother and directed that the child be handed over to...

Relatives Can't Adopt Foreign Child Who Isn't In Need Of 'Care & Protection' Or 'Conflict With Law' As Per JJ Act: Bombay High Court

The Bombay High Court has held that there is no provision under the Juvenile Justice (Care and Protection of Children) Act, 2015 or the Adoption Regulations, 2022, that permits the adoption of a foreign national child by Indian relatives, unless the child is in need of care and protection or is a child in conflict with law.A division bench of Chief Justice Alok Aradhe and Justice Neela...

Accusing Husband Of Extra-Marital Affair, Insulting Him In Front Of Friends Is Cruelty: Bombay High Court

The conduct of a wife refusing to have a physical relationship with her husband and accusing him of having an extra-marital affair, while insulting him in front of his friends, will amount to cruelty to the husband, the Bombay High Court held on Thursday. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale also said that the wife insulting the husband in front of his friends...

Bombay High Court Rejects PIL Accusing Global Fashion Giant PRADA Of Copying "Kolhapuri Chappals"

The Bombay High Court on Wednesday (July 16) dismissed a Public Interest Litigation (PIL) seeking a restraining order against global fashion giant PRADA from commercializing and using "toe ring sandals" which is alleged to be deceptively similar to the GI tagged "Kolhapuri Chappal" without authorisation. In doing so the court observed that the proprietors who had been granted GI registration...

Bombay High Court Dismisses Plea Challenging Constitutionality Of UAPA, Sedition Offence

The Bombay High Court on Thursday dismissed the petitions challenging the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA) and also of the section 124A (sedition) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while pronouncing their judgment today said, "The UAPA in its present form is constitutionally...

'Will Decide On Certification In Two Days': CBFC Tells Bombay High Court In Plea By Makers Of Film Based On Yogi Adityanath

The Central Board for Film Certification (CBFC) on Thursday told the Bombay High Court that it will decide within two working days on a plea for certification by makers of a movie titled "Ajey: The Untold Story of a Yogi." The makers of the movie had approached the High Court seeking a direction to decide their application for certification as soon as possible.A division bench of Justices...

'Elephants' Right To Quality Life Prevails Over Its Use For Religious Customs': Bombay High Court

In a conflict between the 'right to quality life' of an animal and the right of humans to use the animals, particularly elephants for religious rites, the former must be considered, held the Bombay High Court on Wednesday (July 16) while allowing the transport of an elephant - Mahadevi, from Maharashtra's Kolhapur district to an elephant sanctuary in Gujarat's Jamnagar district. A division...

Collector Can Review Its Administrative Orders Even Without Express Provisions Conferring Such Power: Bombay High Court

The Bombay High Court has held that the Collector has inherent power to review administrative orders even in the absence of an express statutory provision, so long as the decision relates to administrative, not quasi-judicial, functions. The Court upheld a 2013 order restoring the names of two partners in a country liquor licence, which had earlier been deleted after the death of the...