Lawyer's Role Is To Resolve Disputes, Not 'Loot' Clients: Bombay High Court Refuses To Quash Corruption Abetment Case Against Advocate

The role of a lawyer in the society is to help an individual by finding out a solution to one's dispute and not to loot their money, observed the Bombay High Court recently while refusing to quash an FIR lodged against a lawyer, who allegedly 'convinced' his client to pay Rs 1.25 lakhs bribe to two police officers so that the client's son could get 'better facilities' in jail....

'Application By Senior Citizen For Eviction Of Relative Maintainable Even Without Claiming Monetary Maintenance': Bombay High Court

The Bombay High Court has held that an application filed by a senior citizen seeking eviction of a child or relative from property in which the senior citizen has rights is maintainable even if no monetary maintenance is claimed. The Court observed that the definition of “maintenance” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, includes provision for...

Bombay High Court Declines To Interfere With Denial Of Security Clearance To Azerbaijani Company For Work At Navi Mumbai Airport

The Bombay High Court has held that decisions relating to the grant or denial of security clearance in projects of strategic importance fall primarily within the domain of the executive and are closely connected to considerations of national security. The Court observed that while judicial review is available in limited circumstances, courts ordinarily exercise restraint in matters...

Bombay High Court Flags Procedural Irregularities By Goa Revenue Authorities In Pronouncing Orders, Issuing Certified Copies

The Bombay High Court has flagged serious procedural irregularities being followed by revenue authorities in Goa while exercising quasi-judicial powers under various local laws and has issued directions to streamline the process of pronouncing orders and issuing certified copies. The Court observed that the lack of a proper procedure in recording orders, pronouncing judgments, and...

'Such Cases Should Never Reach Court': Bombay HC Criticises Railways For Making Family Of Deceased Employee Litigate For Compensation

In a significant order, the Bombay High Court recently held that the cases pertaining to accidental deaths of railway employees in train accidents, should never land in courts or tribunals and instead, the Railways must themselves go through the case file and grant compensation to the family of the deceased. Single-judge Justice Jitendra Jain held that the Railways must not compel the...

Claim That Daughter Falsely Accused Father Of Rape Over Discontinuation Of Studies 'Far-Fetched': Bombay High Court Upholds POCSO Conviction

A girl would not accuse her father of a serious charge like rape only on an apprehension that he would discontinue her studies and get her married, said the Bombay High Court while rejecting a theory of 'false implication' raised by a man convicted for raping his own minor daughter. A division bench of Justice Manish Pitale and Justice Shreeram Shirsat upheld the March 12, 2020 order of a...

Mere Roadshow By Star Campaigner On Polling Day Not 'Undue Influence': Bombay High Court Upholds Election Of Shinde Sena Leader

A mere visit to a constituency by a 'Star Campaigner' on the polling day would not be enough to constitute 'undue influence' or 'corrupt practice' under the Representation of People Act of 1951, held the Bombay High Court. The High Court also refused to accept that a mere visit by then Chief Minister Eknath Shinde in Mumbai's Chandivali area during the 2025 State Assembly elections, which...

[Maharashtra Co-Op Societies Act] 50% Deposit Mandatory Even If Revision Challenges Only Consequential Recovery Steps: Bombay High Court

The Bombay High Court has held that the requirement of depositing 50% of the recoverable dues under Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960, is mandatory even when a revision application challenges only consequential or derivative actions taken pursuant to a recovery certificate and not the recovery certificate itself. The Court observed that permitting litigants...

Order VIII Rule 1A CPC Not A Bar To Producing Documents For Cross-Examining Witness: Bombay High Court

The Bombay High Court has held that a defendant is not required to file a separate application for the production of documents that are sought to be used for confronting a witness during cross-examination, provided such documents are not foreign to the pleadings in the case. The Court observed that the Civil Procedure Code expressly carves out an exception permitting production of documents...

Documents Collected During Investigation Are Not Evidence In Departmental Inquiry Unless Proved By Competent Witness: Bombay High Court

The Bombay High Court has held that findings in a departmental inquiry cannot be based merely on documents collected during an investigation unless their contents are proved through competent witnesses who can speak to their authenticity. The Court observed that the Enquiry Officer has duty to arrive at a finding upon taking into consideration the materials brought on record by the parties....

Notification Of Kolhapur Circuit Bench Doesn't Automatically Divest Principal Seat Of Jurisdiction: Bombay High Court

The Bombay High Court has held that the establishment of the Circuit Bench at Kolhapur does not automatically divest the Principal Seat of the Bombay High Court of jurisdiction in matters where the original and appellate authorities whose orders are challenged are located within the territorial jurisdiction of the Principal Seat. The Court observed that the order passed by an appellate...

[Maharashtra Ownership Flats Act] Pendency Of Civil Suit On Construction Irregularities Not A Bar To Deemed Conveyance: Bombay High Court

The Bombay High Court has held that pendency of a civil suit concerning alleged construction irregularities or inter se disputes between promoters does not bar the grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963. The Court observed that an order of deemed conveyance does not finally adjudicate title and that civil disputes regarding FSI utilisation...