Bombay High Court
Wife Cannot Be Disentitled From Claiming Right In Husband's Family Pension Merely On Allegations Of Adultery: Bombay High Court
In a significant order, the Bombay High Court on Friday held that merely levelling allegations of "adultery" against a woman cannot disentitle her from claiming a right in her deceased husband's family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR).A division bench of Justices Manish Pitale and Yanshivraj Khobragade therefore, refused to grant any relief to the...
Pending Proceedings Under Omitted CGST Rules 89(4B) & 96(10) Lapse In Absence Of Savings Clause: Bombay High Court
The Bombay High Court has held that all pending proceedings under the omitted CGST Rules 89(4B) & 96(10) lapse in the absence of a savings clause. The bench agreed with the assessee/petitioners that the provisions of Section 6 of the General Clauses Act are not attracted and therefore the pending proceedings can claim no immunity or protection. Unless the Respondents...
'Abusing Community Leader Not Insult To Religion': Bombay High Court Quashes FIR U/S 295A IPC For Insulting Maratha Leader Manoj Jarange
A person may represent a religion in certain ways but s/he does not become a 'religion' himself, the Bombay High Court observed while holding that any abuse or use of disrespectful words for a socio political figure cannot be equated with insult to faith.A division bench of Justices Vibha Kankanwadi and Hiten Venegavkar, sitting at Aurangabad, quashed an FIR lodged against a man, booked...
Providing Identity, Birth Proof Of Person To Police Doesn't Amount To Disclosure Of Personal Information: Bombay High Court
The Goa Bench of the Bombay High Court has held that providing demographic information with regard to the proof of identity (POI), proof of birth (POB), and the proof of address (POA) of an individual to the police does not result in disclosing personal information.Single-judge Justice Valmiki Menezes was hearing an application filed by the State of Goa seeking a direction to the...
Building Proposals Should Only Be Granted After Municipal Infrastructure Is Built, Deficient Amenities Affect Fundamental Rights: Bombay HC
The Bombay High Court has expressed deep concern over the lack of civic infrastructure and systematic planning in the Kulgaon-Badlapur Municipal area and directed the constitution of an Improvement Committee to provide recommendations for urban development. The Court held that improper planning and deficient civic amenities directly affect the fundamental rights of citizens to a clean and...
Employee Need Not Deposit Retrenchment Compensation As Pre-Condition To Challenge Termination: Bombay High Court
The Bombay High Court has held that an employee cannot be compelled to deposit the amount of retrenchment compensation as a condition for challenging his retrenchment. The Court observed that retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947, is a statutory right of the employee and is intended to provide subsistence during unemployment. Making its deposit...
Husband Entitled To Divorce Over Non-Disclosure That Wife Suffers From Incurable Disease: Bombay High Court
The Bombay High Court, while dissolving a marriage, held that if a spouse suppresses a fact that she suffers from an incurable disease like "cerebral palsy" before marriage, that can be a ground for the other spouse to seek divorce under the Hindu Marriage Act.A division bench of Justices Nitin Suryawanshi and Sandipkumar More decided the appeal filed by a husband, who challenged the judgment...
Bombay High Court Questions Maintainability Of PIL Seeking FIR Against Raj Thackeray & Derecognition Of His Party
The Bombay High Court on Monday questioned the maintainability of a Public Interest Litigation (PIL) seeking registration of FIR against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray and his party workers and even derecognition of his party for allegedly assaulting Hindi speaking citizens and imposing Marathi on them. A division bench of Chief Justice Shree Chandrashekhar...
Bombay High Court Weekly Round-Up: September 15 - September 21, 2025
Nominal Index [Citations: 2025 LiveLaw (Bom) 369 to 2025 LiveLaw (Bom) 381]Asian Paints Ltd. vs Competition Commission of India, 2025 LiveLaw (Bom) 369Rajan Baburao Vichare vs Naresh Ganpat Mhaske, 2025 LiveLaw (Bom) 370Bajaj Allianz General Insurance Co. Ltd. vs State of Maharashtra, 2025 LiveLaw (Bom) 371Rahul Pittu Savalkar vs Additional Principal Chief Conservator of Forest, 2025...
'Denying Residence To Brother's Wife In Shared Household Amounts To Domestic Violence': Bombay High Court
The Bombay High Court has held that preventing a woman from residing in her shared household amounts to domestic violence within the meaning of Section 3 of the Protection of Women from Domestic Violence Act, 2005. The Court emphasised that the right to reside in a shared household under Section 17 of the Act exists irrespective of any right, title or beneficial interest in the same.According...
'Promise Of 10-15% Profit Per Month Shows Prima Facie Dishonest Intention': Bombay HC Declines Anticipatory Bail Plea In Trading Scam Case
The Bombay High Court has held that an assurance of abnormally high and guaranteed profits in intra-day share trading demonstrates prima facie dishonest intention at the inception, thereby attracting criminal liability. The Court observed that no genuine business can yield assured profits of 10–15% per month, and such inducements cannot be brushed aside as mere civil disputes.Justice...
Bombay High Court Monthly Digest: August 2025
Citations: 2025 LiveLaw (Bom) 316 To 2025 LiveLaw (Bom) 355State of Maharashtra v Sanjay, 2025 LiveLaw (Bom) 316Shankar Govindrao Lang vs State of Maharashtra, 2025 LiveLaw (Bom) 317Salim Baig vs Sayyad Nawid, 2025 LiveLaw (Bom) 318Krishnagopal B. Nangpal vs Dy. Commissioner of Income Tax Special Range – 3, Pune, 2025 LiveLaw (Bom) 319Zilla Parishad, Ahmednagar vs Sandip Madhav Khase,...