Bombay High Court
'Continuous Provocation From Tobacco-Addicted Brother Led To Break Point': Bombay HC Converts Murder Conviction To Culpable Homicide
The Bombay High Court recently commuted a man's life imprisonment for murdering his own brother to 10 year imprisonment under culpable homicide not amounting to murder after noting that he murdered the brother, because he had vices like consuming tobacco and gutka and often quarrelled and even assaulted him (convict) and their aged mother whenever they advised him against the vices.A...
Bombay HC Quashes Midnight Cancellation Of Christian Prayer Event Over 'Miracle Healing' Claims; Orders Compliance With Black Magic Act
The Bombay High Court last week quashed an order, by which Sangli Police 'abruptly' cancelled the permission granted to 'Hope of Glory Ministry Trust' to conduct 'Maharashtra Prayer Festival' from March 13 to March 15, wherein popular evangelist Paul Dhinakaran delivered 'prophetic' messages and daily prayers before over 50,000 persons. The Police while cancelling the permissions for the...
'Why Was Evidence Of Bangladeshi Trafficking Victim Not Recorded?' Bombay HC Seeks Explanation From Trial Court Over Repatriation Of Woman
The Bombay High Court recently sought an explanation from the Mumbai Sessions Court as to why, despite a clear order to record the statements of a Bangladeshi woman, a victim of immoral trafficking, was not recorded till date as she has to be repatriated to her country and is presently being looked after by an NGO in India. A division bench of Justice Ajay Gadkari and Justice Kamal...
Bombay High Court Refuses Compensation Claim Under 2013 Land Acquisition Act Due To Suppression Of Material Facts
The Bombay High Court has held that litigants who indulge in material suppression of facts while invoking writ jurisdiction cannot claim the benefit of leniency in delay on the ground of violation of the constitutional right to property under Article 300A. The Court observed that although the right to property is a constitutional right, litigants approaching the writ court must do so with...
CDSCO Registration Mandatory For Cosmetic Imports Even If Goods Are Meant For Warehousing & Re-Export: Bombay High Court
The Bombay High Court has held that the import of cosmetics into India requires a mandatory registration certificate from the Central Drugs Standard Control Organisation (CDSCO) even if the goods are brought into India only for warehousing and intended re-export. The Court observed that once goods are brought into India, the act constitutes “import” within the meaning of the Customs Act...
'Prima Facie Material Shows Indians Were Trafficked Abroad': Bombay High Court Denies Bail To Alleged 'Mastermind' In Job Racket Case
The Bombay High Court recently refused to release a 46-year-old man on bail, who was booked by the National Investigation Agency (NIA) for being the 'mastermind' of an international job racket, wherein educated youth from India were 'trafficked' abroad and were then forced to work in fake call centres in Laos and dupe Americans and Britishers by convincing them to invest in cryptocurrency....
Findings Of Civil Court On Nature Of Transaction Bind Authorities Under Maharashtra Money Lending Act: Bombay High Court
The Bombay High Court has held that when a Civil Court of competent jurisdiction has already determined the nature of a transaction between parties, such findings operate as res judicata and are binding on authorities exercising powers under the Maharashtra Money Lending (Regulation) Act, 2014. The Court observed that statutory authorities under the Act cannot record findings contrary to...
Bombay High Court Restrains Legends League Cricket From Playing PPL's Copyright Songs For This Year's Tournament
The Bombay High Court on Thursday restrained the Absolute Legend Sports Pvt. Ltd. which is organising the Legend League Cricket (LLC), a T20 tournament featuring retired international cricket players, from using the songs copyrighted by the Phonographic Performance Limited (PPL) in its tournament which commenced from March 11.Several international players from Irfan Pathan, Suresh Raina,...
Failure To Examine Forensic Experts Whose Reports Are Relied Upon Vitiates Trial: Bombay High Court
The Bombay High Court has held that failure to summon and examine forensic experts whose reports are relied upon by the trial court vitiates the trial and constitutes a failure of justice. The Court observed that the whole purpose of the trial is to ascertain the truth of the matter and all steps in the direction of unearthing the truth ought to be taken by the Court, even if the prosecution...
Municipal Authority Cannot Ignore Subsisting Civil Court Decree Merely Because Appeal Is Pending: Bombay High Court
The Bombay High Court has held that a municipal authority cannot refuse to grant a No Objection Certificate (NOC) by disregarding a subsisting civil court decree merely on the ground that an appeal against the decree is pending. The Court observed that under Order XLI Rule 5 of the Code of Civil Procedure, filing of an appeal does not automatically operate as a stay of the decree, and unless...
Serving Citation To Next Of Kin Not Mandatory In Petition For Letters Of Administration Of Estate Not Fully Administered: Bombay High Court
The Bombay High Court has held that service of citation to the next of kin is not mandatory in a petition filed under Sections 258 and 259 of the Indian Succession Act, 1925, for the grant of Letters of Administration of an estate not fully administered, and the Court may dispense with such citation in appropriate cases. The Court observed that when probate of a will has already been...