Bombay High Court
'Amnesty From Penalty Under Stamp Act Does Not Create Right Of Registration Of Instrument Beyond Limitation Period': Bombay High Court
The Bombay High Court has held that payment of stamp duty under the Maharashtra Stamp Duty Amnesty Scheme, 2023, cannot override the statutory time limits prescribed under the Registration Act, 1908, for presentation of documents. It dismissed a petition challenging the refusal to register a 1987 Development-cum-Sale Agreement despite payment of stamp duty under the Amnesty Scheme.Justice...
'Time Taken For Pre-Arrest Medical Exam Can't Justify Detention Beyond 24 Hours': Bombay High Court Orders Release Of Accused
The Bombay High Court has held that the period of pre-arrest medical examination cannot be excluded from the 24-hour timeline for producing an arrestee before a Magistrate under Article 22(2) of the Constitution and Section 57 of the CrPC. It declared the arrest of the accused illegal and ordered his release, observing that he was not produced before the Magistrate within the required time of...
Mosques Approach Bombay High Court Challenging Mumbai Police Notices To Remove Azaan Loudspeakers
Five Mosques from Mumbai's eastern suburbs have approached the Bombay High Court accusing the Police of 'targeting' the Muslim Community by issuing allegedly 'unsubstantiated' notices to several such mosques for removing loudspeakers used for daily Azaan on ground of breaching the provisions of Noise Pollution Rules, 2000.A division bench of Justices Ravindra Ghuge and Milind Sathaye on...
Plaintiff Cannot Confer Jurisdiction By Amending Pleadings, Amounts To Changing Nature Of Dispute: Bombay High Court
The Bombay High Court at Goa has held that a party cannot confer jurisdiction on a civil court through an amendment of pleadings that would fundamentally alter the nature of the dispute. Dismissing a writ petition under Article 227 of the Constitution, the Court upheld the trial court's refusal to allow amendment of pleadings before deciding the respondent's application for return of the...
'Bank Cannot Delay Or Refuse To Open Account Over Demand For Aadhar Card': Bombay High Court Orders ₹50K Compensation
The Bombay High Court has held that a bank could not have insisted on Aadhaar as a mandatory requirement for opening a bank account after the Supreme Court's verdict in Justice K.S. Puttaswamy v. Union of India (2018), and awarded ₹50,000 in compensation to a company whose account was delayed due to the bank persisting on its demand of Aadhar Card.The Division Bench of Justices M.S. Sonak...
Bombay HC Rejects Copyright Infringement Suit Over Old Bollywood Songs, Says Assignment Of Music Rights Not Limited To Physical Medium
The Bombay High Court has dismissed a copyright infringement suit filed by the daughter of late Bollywood producer O.P. Ralhan, holding that the rights to exploit songs from his films were validly assigned in perpetuity and not restricted to any particular medium, such as physical records.Justice Manish Pitale, deciding the suit filed by Rupali P. Shah, held that the assignment...
Bombay HC Takes Suo Moto Cognisance Of Transfer Of Female Inmates Out Of Observation Homes After Attaining Majority, Says Education Can't Be Affected
The Bombay High Court bench at Aurangabad recently took suo moto cognisance of the issue relating to 'transferring' girl inmates from observation homes in the city to other districts after they attain majority.A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh noted that though the Child Welfare Committee (CWC) is the concerned authority to decide whether a child is in need of...
Merely Saying 'I Love You' Without Any Sexual Intent Is Not Sexual Harassment: Bombay High Court
Merely expressing 'I Love You' does not by itself amount to an offence of sexual harassment if not accompanied with words or acts reflecting 'sexual intent' the Nagpur bench of the Bombay High Court held on June 30.Single-judge Justice Urmila Joshi-Phalke noted that the accused in the instant case had only said 'I Love You' to the minor girl, while she was on her way home from tuition classes...
Bombay High Court Refuses To Quash FIR Against AIMIM Leader Accused Of Illegally Constructing Public Square In Tipu Sultan's Name
The Bombay High Court refused to quash an FIR registered against All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and former MLA Farukh Shah accused of illegally constructing a public square in the name of Tipu Sultan in Dhule by allegedly utilizing public funds. In doing so the court observed that the probe was ongoing to find out as to who had erected the construction and...
Payment Of Gratuity Act Applies To Zilla Parishad Employees: Bombay HC
Bombay High Court (Nagpur Bench): A single judge bench of Justice M.S. Jawalkar held that the Payment of Gratuity Act, 1972, applies to Zilla parishad employees. However, the court explained that Section 4(6) of the Act allows the withholding or forfeiture of gratuity if an employee faces criminal proceedings that involve moral turpitude. Background Pradeep Pokale retired from...
Industrial Disputes Act; Section 33(C)(2) Only Applies If Entitlement Is Established Through Undisputed Evidence: Bombay HC
Bombay High Court: A single judge bench of the Bombay High Court (Aurangabad Bench), consisting of Justice Prafulla Khubalkar dismissed a challenge to a labour court award that provided overtime wages with interest to retired employees. The court held that an employees' right to overtime wages was a pre-existing statutory right under Section 59 of the Factories Act, 1948, and that it can...