Issue QR ID Cards To 'Surveyed' Hawkers In 5 Weeks, Evict Illegal Vendors: Bombay High Court Directs BMC, Maharashtra Govt

The Bombay High Court on Wednesday granted five weeks time to the Brihanmumbai Municipal Corporation (BMC) to issue 'Quick Response' (QR) Code generated Identity Cards (ID) to the 99,435 'surveyed' hawkers, so that any person beyond this list, especially Bangladeshi nationals, if found hawking, can be evicted. A division bench of Justice Ajay Gadkari and Justice Kamal Khata also directed the...

Bombay High Court Flags Rising Trend Of NBFCs Unilaterally Appointing Arbitrators, Deprecates Practice

The Bombay High Court recently flagged the disturbing trend in arbitration matters, wherein non-banking finance companies (NBFCs) resort to appointing 'unilateral' arbitrators through 'institution' or 'algorithm-based' selection, which the court held to be illegal and against the settled law laid down by the Supreme Court. Single-judge Justice Somasekhar Sundaresan in an order passed on April...

Transfer Of Adoption Powers To District Magistrates Valid: Bombay High Court Upholds 2021 Juvenile Justice Act Amendment

The Bombay High Court has upheld the constitutional validity of the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act, which transfers the power to issue adoption orders from courts to District Magistrates. The Court held that the change in forum does not violate constitutional principles and is aimed at expediting the adoption process.A Division Bench of...

'State Cannot Retain Stamp Duty Paid Under Wrong Head Due To Delay': Bombay High Court Orders Refund With Interest

The Bombay High Court has held that the State cannot retain stamp duty paid under a wrong head merely on the ground that the refund application was filed beyond the prescribed limitation period. The Court observed that procedural timelines cannot defeat a substantive right, particularly where the State would otherwise unjustly enrich itself.Justice Milind N. Jadhav was hearing a writ...

Mediation Act 2023 Does Not Confer Power On Courts To Mandate Mediation Without Mutual Consent Of Parties: Bombay High Court

The Bombay High Court has held that the Mediation Act, 2023, does not empower courts to compel parties to undergo mediation without their mutual consent. The Court clarified that mediation under the statutory framework is consensual in nature and cannot be imposed unilaterally.Justice Rajesh S. Patil was hearing an interim application in a suit for specific performance of a family...

Industrial Dispute Deemed 'Pending' U/S Till 30 Days Post-Award; S.33(2)(B) Approval Mandatory: Bombay High Court

The Bombay High Court has held that an industrial dispute is deemed to remain “pending” under Section 20(3) of the Industrial Disputes Act until 30 days after publication of the award, even if the dispute is factually settled. The Court clarified that during this statutory period, compliance with Section 33(2)(b) is mandatory for dismissal of a workman.Justice Amit Borkar was hearing...

'Permissions Obtained By Misrepresentation Are Void': Bombay High Court Upholds Revocation Of Building Approval

The Bombay High Court has held that permissions obtained from a Municipal Corporation by misrepresentation or submission of incorrect material are void and cannot be sustained in law. The Court observed that fraud vitiates all actions, and a party cannot take advantage of permissions secured by misleading the authority.A Division Bench of Justices A.S. Gadkari and Kamal Khata was hearing a...

Illegal Bangladeshi Hawkers Will Be Removed, Need Time To Verify Identity: BMC Tells Bombay High Court

The Brihanmumbai Municipal Corporation (BMC) on Tuesday told the Bombay High Court that the Bangladeshi nationals, who have entered India illegally, have no business here and cannot be permitted to indulge into hawking activites and would be removed soon. The BMC through senior advocate Anil Singh along with Advocate Chaitanya Chavan told a division bench of Justice Ajay Gadkari and Justice...

'Modify LOC': Bombay High Court Paves Way For Return Of UK-Based YouTuber Sangram Patil Booked For 'Objectionable' Posts Against PM Modi

The Bombay High Court on Tuesday (May 5) asked Maharashtra Government to modify the Look Out Circular (LOC) issued against UK-based Doctor & YouTuber Dr Sangram Patil–booked for making 'objectionable' posts against Prime Minister Narendra Modi –so that he can fly back to his home country by Monday.Patil is booked in a FIR for allegedly posting defamatory posts against Prime...

Dr Ambedkar Would Prefer Intellectual Growth, Upliftment Of Downtrodden: Bombay High Court Questions Noisy Celebrations On His Birth Anniversary

Questioning the "loud" celebrations of Dr Babasaheb Ambedkar's birth anniversary in Nagpur, the Bombay High Court recently said that the great philosopher would have preferred a celebration more focused on intellectual growth, social reforms, and empowerment of the downtrodden than using loud music. A division bench of Justice Urmila Joshi-Phalke and Justice Nivedita Mehta noted that on the...

Bombay High Court Quashes Bribery FIR Lodged By Lilavati Hospital Against HDFC CEO Sashidhar Jagdishan

The Bombay High Court on Tuesday quashed the First Information Report (FIR) lodged by Lilavati Kirtilal Mehta Medical Trust against Sashidhar Jagdishan over alleged bribery.A division bench of Justice Makarand Karnik and Justice Nitin Borkar noted that the instant FIR was triggered out of "personal vendetta." It also noted that the HDFC Bank had initiated recovery proceedings against the...

“Life Only Comes Once”: Bombay High Court Frees 50 Seafarers Stranded On Arrested Vessels With Minimal Food, Water

Observing that 'life comes once' and 'money will come and go', the Bombay High Court on Tuesday ordered immediate release of 50 seafarers - all Indian nationals, who were stranded on three vessels near the Mumbai Coast since February 9, surviving on limited food stocks and 300 ml water per day. A division bench of Justice Ravindra Ghuge and Justice Hiten Venegavkar ordered immediate release...