POSH Act | ICC Can't Adjudicate Sexual Harassment Complaint Over Incident In Transport Not Provided By Employer: Bombay High Court

An alleged act of sexual harassment if occurring in a mode of transport not provided by the employer of either the accused or the victim, cannot be entertained under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act), held the Bombay High Court. [Citation: 2026 LiveLaw (Bom) 290]It therefore quashed the proceedings against...

Conviction For Forest Offence Not Necessary For Confiscation Of Vehicle Used In Illegal Transport Of Forest Produce: Bombay High Court

The Bombay High Court has held that a conviction for a forest offence is not a pre-condition for confiscation of a vehicle under Section 61-A of the Indian Forest Act, 1927, as applicable in Maharashtra. The Court observed that the statutory scheme under Sections 61-A to 61-G empowers the authorised officer to confiscate forest produce and vehicles used in the commission of a forest...

Tenant Seeking Restoration Of Possession From Landlord Must Approach Small Causes Court: Bombay High Court

The Bombay High Court has held that Section 28 of the Bombay Rent Act, 1947, is wide enough to cover a suit for re-possession filed by a tenant seeking restoration of possession from the landlord. The Court observed that where the relationship of landlord and tenant continues to subsist, a tenant seeking return of possession of the tenanted premises must approach the Small Causes Court,...

Tenure 'D' Lands Granted In Perpetuity Are Freely Transferable; State Cannot Demand Transfer Premium Or Prior Permission: Bombay High Court

The Bombay High Court has held that lands classified as Tenure “D” under Rule 43 of the Bombay Land Revenue Rules, 1921, i.e., lands granted in perpetuity, are freely transferable and fall within the category of Class-I occupancies under the Maharashtra Land Revenue Code, 1966. Consequently, the State cannot levy a transfer premium or insist upon prior permission for its...

Can A Divorced Wife Claim Maintenance Or Seek Its Enhancement From Ex-Husband's Estate After His Death? Bombay High Court Answers

In a significant ruling, the Bombay High Court held that a divorced woman though can continue to seek maintenance based on a decree, from the husband's estate or properties even after his death, however, she cannot seek enhancement of the same maintenance from the said estate after his death. [Citation: 2026 LiveLaw (Bom) 284]A division bench of Justice Bharati Dangre and Justice...

DGCA Cannot Suspend Pilot's License Without Show-Cause Notice; Merely Based On FIR: Bombay High Court

The Bombay High Court has held that the Director General of Civil Aviation (DGCA) cannot suspend a pilot's licence without issuing a show-cause notice and affording an opportunity of hearing merely because an FIR has been registered or allegations of forged documents have surfaced. [Citation: 2026 LiveLaw (Bom) 285]The Court clarified that the exception under Rule 19 of the Aircraft Rules,...

Bombay High Court Directs State To Ensure Protection For Justice Gautam Patel Facing Threats Over Dawoodi Bohra Succession Verdict

The Bombay High Court on Monday (June 15) directed the Maharashtra Government to ensure protection is granted to former high court judge Justice Gautam Patel, who has been facing threats over a 2024 judgment he delivered with regards to the spiritual head of the Dawoodi Bohra community. Reportedly, Justice Patel and his family have been facing threats for the last 10 months now over a judgment...

Bombay High Court Upholds Interim Order Restraining New Indian Express' Use Of 'Indian Express' Mark Beyond Southern States

The Bombay High Court has upheld an interim order restraining Express Publications (Madurai) Pvt. Ltd. from using the title "The New Indian Express" outside the southern states for which it was granted rights.A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande said there was no "perversity" in the order passed by the single-judge holding that prima facie the...

Bombay High Court Upholds De-Affiliation Of Sharad Pawar-Led State Wrestling Association From WFI

The Bombay High Court on Monday (June 15) upheld the de-affiliation of the NCP(SP) chief Sharad Pawar led Maharashtra State Wrestling Association (MSWA) from the Wrestling Federation of India (WFI). The WFI had on January 1, 2023 decided to de-affiliate the MSWA and replaced it with the Maharashtra Rajya Kustigir Sangh (MRKS). The MSWA had therefore petitioned a division bench of Justice...

Sexual Offence Victims Take Time To Muster Courage, Fear 'Uncomfortable Questions' : Bombay High Court Refuses To Quash FIR For Delay

A First Information Report (FIR) registered in sexual offences, cannot be quashed merely on the ground of delay as the victim takes time to muster courage to lodge the complaint fearing the social stigma and also the 'uncomfortable' questions that she would be subjected to, held the Bombay High Court recently while quashing a section 354 (outraging modesty) case against a man, who molested...

Right To Liberty Not Absolute, Bail Cannot Be Granted If Accused Has Serious Criminal Antecedents: Bombay High Court

The Bombay High Court has held that the fundamental right to liberty guaranteed under Article 21 of the Constitution of India is not an absolute right and a person having serious criminal antecedents cannot be granted bail solely on the ground of long incarceration. Sitting at the Nagpur bench, Justice Mahendra Nerlikar denied bail to one Swapnil Kashikar, booked for murdering a former...

Janhavi Gadkar Drunk Driving Case | Not Inclined To Permit Sale Of Offending Audi Car: Bombay High Court

The Bombay High Court on Thursday (June 11) expressed that it was not prima facie inclined to allow Janhavi Gadkar, the corporate lawyer booked in the high-profile drunk driving case, to sell her Audi Q5 car, which had collided with a taxi on the Eastern Freeway and killed two persons in June 2015.Single-judge Justice Madhav Jamdar, said that permitting to sell the vehicle in question...