Bombay High Court Flags 'Casual Probe' Into Alleged Fabrication Of Court Orders, Seeks Further Investigation

The Bombay High Court has observed that when there are allegations regarding the fabrication of orders of the High Court, the Court cannot remain a “mute spectator” to a casual or predetermined investigation. The Court observed that where prima facie material indicates fabrication of court orders, the investigating agency is expected to conduct a serious and fair investigation aimed...

Bombay High Court Refuses To Stay Tender Process For 'Cluster Redevelopment' Of Over 5,000 Societies In Mumbai

In a significant order, the Bombay High Court earlier this week, refused to stay the operation of the tenders floated for the integrated cluster development of more than 5,000 housing societies in the plush Bandra Reclamation and Worli areas in Mumbai.A division bench of Justice Makarand Karnik and Justice Shriram Modak said that it would be hearing the matter finally and therefore, refused...

Bombay High Court Upholds State's Power To Re-Verify Disability Certificates Of Govt Employees; Says Fake Claims Amount To Moral Turpitude

In what could impact thousands of public servants in various departments across Maharashtra, the Bombay High Court has upheld the powers of the State Government to order 're-assessment' and 'verification' of the medical certificates and the Unique Disability ID (UDID) cards.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri has held that obtaining a government job on the basis...

TET Qualification Must Exist On Date Of Initiation Of Promotion Process; Subsequent Clearance Cannot Be Applied Retrospectively: Bombay HC

The Bombay High Court has held that teachers seeking promotion must possess TET/CTET qualification on the date of initiation of the promotion process and that subsequent clearance of the examination cannot be applied retrospectively to claim inclusion in an ongoing promotion process. The Court observed that merely appearing for the TET/CTET examination during the pendency of the promotion...

Right To Property Under Article 300-A Cannot Be Defeated By Erroneous Revenue Entries: Bombay High Court

The Bombay High Court has held that the right to property under Article 300-A of the Constitution cannot be defeated on the basis of erroneous revenue entries made during the implementation of a consolidation scheme. The Court observed that where landholders were not issued notice as required under Section 15A of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act,...

Bombay High Court Calls For Performance Audit Of 1971 Slum Law To Achieve 'Distant Dream' Of Slum-Free Mumbai

Invoking the famous couplet - Zara Hatke Zara Bachke, Ye Hai Bombai Meri Jaan! the Bombay High Court on Friday ordered constitution of a Committee to look into the 'abysmal' progress of town planning in the city of Mumbai and the failure of proper implementation of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act of 1971.A division bench of Justice Girish Kulkarni...

Employee Resigning In Breach Of Service Bond Cannot Force Employer To Issue Relieving Letter Or Experience Certificate: Bombay High Court

The Bombay High Court has held that an employee who resigns in breach of a service bond cannot insist that the employer must issue a relieving letter or experience certificate. The Court observed that when resignation is tendered contrary to contractual obligations under a valid service bond, the employer is justified in not accepting the resignation and consequently cannot be compelled to...

Genuine Residents Can't Be Left Remediless Due To Aadhaar Deactivation, Biometric Mismatch: Bombay High Court Issues Guidelines

The Bombay High Court while taking note of the increasing cases where citizens are compelled to approach courts on account of biometric mismatch, deactivation or suspension of Aadhar Cards, issued detailed guidelines ordering the authorities to adopt a 'citizen-centric' approach in dealing with such cases and also to ensure the grievances are redressed within four weeks. A division bench...

Maharashtra Can't Deny Financial Aid To Child Care NGOs While Funding Welfare Schemes Like Ladki Bahin: Bombay High Court

The Bombay High Court recently observed that when the State is extending financial assistance under welfare schemes such as the Ladki Bahin Yojana, it cannot deny or delay financial aid to institutions catering to children in need of care and protection without reasonable classification or justification. The Court observed that allocation of resources by the State must satisfy the test...

Bombay HC Rejects Plea Against Amit Shah's Discharge In Sohrabuddin Encounter Case; Says May Have Been Filed By “Political Adversary”

The Bombay High Court, while upholding the acquittal of 22 policemen from the alleged fake encounter case of Sohrabuddin Shaikh, his wife Kausar Bi and associate Tulasiram Prajapati, also dismissed an interim application which sought to challenge the discharge of Union Home Minister and BJP leader Amit Shah from the said case. A division bench of Chief Justice Shree Chandrashekhar and...

'92 Witnesses Turned Hostile, No Evidence Of Politician-Police Nexus': Bombay High Court While Acquitting 22 Cops In Sohrabuddin Encounter Case

The Bombay High Court while upholding the acquittal of the 22 policemen from Gujarat and Rajasthan in the alleged fake encounter case of Sohrabuddin Sheikh, his wife Kausar Bi and associate Tulasiram Prajapati, held that the prosecution's story of a 'conspiracy' to kill the trio after abducting them was not established and that the case rested solely on 'circumstantial' evidence, which too...

Competent Authority Under Maharashtra Rent Act Cannot Examine Documents Beyond Leave & License Agreement In Eviction Proceedings: Bombay HC

The Bombay High Court has held that while exercising jurisdiction under Section 24 of the Maharashtra Rent Control Act, 1999, the Competent Authority cannot look into documents other than the Leave and License Agreement in a summary inquiry for eviction of a licensee. The Court observed that the inquiry under Sections 24 and 43 of the Act is restricted to examining whether the license period...