No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC

While dismissing the plea filed by Shiv Sena (UBT) leader Sunil Modi, challenging the Governor's decision permitting the State government to withdraw 12 Member of Legislative Council's (MLC) nominations, the Bombay High Court observed that as no 'decision' was taken by the Governor on the earlier advice tendered by the Council of Ministers for nomination of 12 MLCs, no right was conferred on...

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. Brief Facts This is a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”)...

Coldplay Concert: Bombay High Court Dismisses PIL Seeking Guidelines On Ticket Scalping

The Bombay High Court has dismissed a Public Interest Litigation (PIL) concerning 'ticket scalping' and black marketing of online tickets for concerts and other events. A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said that the matter fell within the purview of police making and thus the Court could not entertain it. On 02 January 2024, while reserving...

Bombay High Court Takes Suo Motu Cognisance On Protection And Preservation Of Wetlands In State

The Bombay High Court today (10 January) took suo moto cognisance of the issue pertaining to the maintenance and preservation of wetlands in Maharashtra.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar said that it was taking cognizance of the matter based on Supreme Court's order in the case of Anand Arya vs. UOI (Writ Petition (Civil) No. 304/2018).In its...

Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost

The Bombay High Court recently chastised the Indian Overseas Bank for denying the request of one of its employees to reverse her promotion in Chennai and transfer her back to Mumbai, so that she could better care for her visually impaired child.Remarking that the bank's approach lacked 'human sensitivity', a division bench of Justice Bharati Dangre and Justice Ashwin D. Bhobe said it was...

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

The Bombay High Court recently refused to quash a First Information Report (FIR) lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354 (outraging modesty of a woman), 506 (criminal intimidation) and 323...

Construction Sites Major Contributors To Air Pollution, 'Bhattis' In Hotels & Bakeries Should Also Be Regulated: Bombay High Court

The Bombay High Court on Thursday slammed the Maharashtra government and also the Brihanmumbai Municipal Corporation (BMC) for their failure to reduce the air pollution levels in Mumbai and nearby cities and act against the major contributors to the pollution, particularly the bakeries in the city.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Girish Kulkarni asked the...

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court

The Bombay High Court has observed that a delay in filing an appeal against the award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act') cannot be condoned by the court beyond a period of 120 days as provided under Section 74(1) of the Act.A division bench of Justice B. P. Colabawalla and...

Travelling Abroad Not Fanciful But Essential In Today's Times, Right To Travel Should Be Made More Meaningful: Bombay High Court

The Bombay High Court on Wednesday while emphasising that travelling abroad has become an essential requirement of modern life, held that the right to travel must not only be recognised but also be made more meaningful. A division bench Justices Girish Kulkarni and Advait Sethna made the observations while pulling up the Passport Authorities for refusing to re-issue a passport to a minor...

Bombay High Court Dismisses Shiv Sena (UBT) Leader's PIL Against Withdrawal Of 12 MLC Nominations By Governor

The Bombay High Court on Thursday (09 January) dismissed a plea filed by Shiv Sena (UBT) leader Sunil Modi, challenging the Governor's decision permitting the Eknath Shinde-led government to withdraw 12 Member of Legislative Council's (MLC) nominations that were recommended by the State when Uddhav Thackeray-led Maha Vikas Agadi (MVA) was in power.A division bench of Chief Justice Devendra...

Afghanistani Woman, Her Sister Approach Bombay High Court Seeking Protection From Family After She Married Hindu Boy

Two Afghanistani national women, who are facing life threat from their families as one of them married a Hindu man from Haryana, have approached the Bombay High Court seeking police protection and also a direction to the authorities in Delhi close a criminal case lodged against them at the behest of their family members. A division bench of Justices Revati Mohite-Dere and Dr Neela...

Husband's Inability To Develop Sexual Relations With Wife Is Generally Not Known To Even Nearest Relatives: Bombay High Court Quashes FIR

The Bombay High Court recently quashed a First Information Report (FIR) lodged against two maternal uncles and aunts of a man at the behest of his wife, on the ground that they got him married to the complainant woman, despite knowing that he could not develop physical relations with any woman.A division bench of Justices Ravindra Ghuge and Rajesh Patil said whether a husband suffers from such...