Bombay High Court
Can Caste Scrutiny Committees Suo Motu Recall Their Own Orders Validating Caste Certificates? Bombay High Court Larger Bench To Decide
The Bombay High Court on Monday (August 4) referred to a larger bench to decide as to whether a Caste Scrutiny Committee (CSC) has powers to suo motu recall its own orders granting validity to caste certificates on the ground that it were vitiated by fraud, misrepresentation or suppression of material facts. A division bench of Justices Manish Pitale and Yanshivraj Khobragade after...
Trial Court Cannot Waive Notice Period For Filing Suit Against Authorities Under Zilla Parishads & Panchayat Samitis Act: Bombay High Court
The Bombay High Court has held that trial courts have no jurisdiction to dispense with the statutory notice requirement under Section 280 of the Maharashtra Zilla Parishads and Panchayat Samitis Act and Section 180 of the Maharashtra Village Panchayats Act, unlike Section 80(2) of the Civil Procedure Code, which provides a limited discretion. It held that non-compliance with these...
Bombay High Court Weekly Round-Up: July 28 - August 03, 2025
Nominal Index [Citations: 2025 LiveLaw (Bom) 307 to 2025 LiveLaw (Bom) 319]Sayyad Faisal Sayyad Khaleel vs State of Maharashtra, 2025 LiveLaw (Bom) 307Amit Rama Zende vs State of Maharashtra, 2025 LiveLaw (Bom) 308Laxman Motiram Barai vs Hafiza Sheikh, 2025 LiveLaw (Bom) 309Javed Abdul Rahim Attar vs The Maharashtra Housing & Area Development Authority, 2025 LiveLaw (Bom) 310Farah Deeba...
Bombay High Court Gets Fifth Bench At Kolhapur, To Commence Sittings From August 18
In a major development, the Bombay High Court will finally get Bench for the Western Maharashtra at Kolhapur district, which will be the fifth bench of the High Court, from August 18.A notification to this effect, was issued by Chief Justice Alok Aradhe on Friday (August 1)."In exercise of the powers conferred by sub-section (3) of Section 51 of the States Reorganisation Act, 1956 (No. 37...
Income Tax | Sale Proceeds Of One House Used For Purchasing Multiple Residential Houses Qualifies For Exemption U/S 54(1): Bombay High Court
The Bombay High Court held that sale proceeds of one residential house, used for purchase of multiple residential houses, would qualify for exemption under Section 54(1) of the Income Tax Act. The issue before the bench was whether Section 54(1) of the Income Tax Act allows the Assessee to set off the purchase cost of more than one residential units against the capital gains earned...
Unstamped Agreement Cannot Be Basis For Granting Temporary Injunction Even If Its Execution Is Accepted By Defendant: Bombay High Court
The Bombay High Court has held that an agreement which is unstamped and unregistered cannot be relied upon to grant interim injunctions, even if its execution is admitted by the defendant, as such a document is inadmissible in law until duly stamped and impounded under the provisions of the Indian Stamp Act.Justice S.G. Chapalgaonkar was hearing a writ petition challenging the concurrent...
"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...