Plea In Bombay High Court To Quash 14 Orders Passed By CEC Gyanesh Kumar Despite Objections Of 2 ECs

The petition also seeks the restoration of the deleted voters and questions the Maharashtra SIR exercise.

Bombay High Court Refuses To Quash FIR Against Doctors Booked For Switching Off Oxygen Supply

The Bombay High Court on Wednesday (September 23) refused to quash a First Information Report (FIR) lodged against three men of the same family, booked for switching off the oxygen supply of an ICU ward in a hospital in Pune. Single-judge Justice Ranjitsinha Bhonsale said that there was a prima facie strong case against the three men, all of whom are practising doctors."In my considered...

'State Best Equipped To Decide Upon Land Requirement For Airport': Bombay High Court Rejects Farmers' Challenge To Purandar Airport Site

The Bombay High Court has dismissed a challenge by farmers to the selection of “Site 1A” for the proposed Greenfield Airport at Purandar, Pune, holding that the choice of site, alignment and project feasibility fall within the domain of experts and the State's policy decision. The Court observed that it would not substitute its own assessment for that of technical experts or...

Magistrate Cannot Revert To Pre-Cognizance Stage And Invoke S.156(3) Cr.P.C. Once Inquiry Is Taken Up U/ S 202: Bombay High Court

The Bombay High Court has held that once a Magistrate takes cognizance of a complaint and proceeds under Chapter XV of the Cr.P.C., the Magistrate cannot revert to the pre-cognizance stage and invoke Section 156(3) to direct police investigation. The Court observed that the Magistrate's order directing investigation under Section 156(3) after calling for a report under Section 202 was contrary...

Collector Cannot Insist On 'NOC' From Housing Society As Precondition To Register Court-Ordered Consent Decree: Bombay High Court

The Bombay High Court has held that the Collector cannot insist on a 'No-Objection' from a co-operative housing society as a pre-condition for registration of a Consent Decree, when there is no statutory provision, rule, regulation or notification mandating such requirement. The Court observed that the Respondents' stance amounted to an obstructionist approach in the execution and...

Can't Use Courts To Recover Money: Bombay High Court Says Costs Should Be Imposed In Pleas To Quash Matrimonial, Commercial FIRs

Observing that 'courts' cannot be used as 'recovery mechanisms', the Bombay High Court recently opined that courts must impose costs in case of quashing First Information Report (FIR) on mutual consent, particularly in commercial and matrimonial disputes.Single-judge Justice Milind Jadhav explained that criminal law cannot be used as a 'bargaining chip' or a tool to settle personal scores...

'Instagram Chat With Student Cannot Be Sole Material To Deny Bail': Bombay High Court Grants Bail To Tuition Teacher In POCSO Case

The Bombay High Court has granted bail to a senior citizen running private tuition classes, who was booked under Sections 4, 8, 10 and 18 of the Protection of Children from Sexual Offences Act, 2012, observing that an Instagram chat relied upon by the prosecution could not be the sole material for denying bail. The Court noted that the chat did not explicitly describe the alleged offence or...

Need 'Civilised' Celebrations: Bombay High Court Bans Firecrackers, Laser Lights In Religious Processions; Directs ₹1 Lakh Deposit, Prosecution

Festivals in Maharashtra would henceforth be celebrated in a more 'civilised' manner, as the Bombay High Court said on Tuesday (September 22) while imposing a total ban on use of firecrackers, laser light, loud music, any musical instrument causing noise pollution, during religious processions irrespective of religion and festivals across the State.Notably, a suo motu cognisance of the...

PMLA | Arrest Is 'Drastic Action', ED Can't Abandon S.50 Interrogation And Arrest Accused On Same Material: Bombay High Court

Observing that the power to arrest is a 'drastic action', the Bombay High Court has made it clear to the Enforcement Directorate (ED) sleuths that once they invoke powers under section 50 of the Prevention of Money Laundering Act (PMLA) to record statements, summon an individual etc, they must first satisfy the said provision and subsequently proceed to invoke powers to arrest under section...

Will Ban Firecrackers, Require Mandals To Furnish Security Deposit To Enforce Noise Limits During Religious Processions: Bombay High Court

The Bombay High Court on Tuesday (September 22) said that it will pass a detailed order completely banning the use of firecrackers generating noise beyond permissible levels and also use of cylinders, used as musical instruments by Dhol (drum) groups, during religious processions.On Monday, a division bench of Justice Girish Kulkarni & Justice Dr Neela Gokhale had taken suo motu cognisance...

Bombay High Court Takes Suo Motu Cognisance Of Noise Pollution Caused Due To Religious Processions

The Bombay High Court on Monday (September 21) took suo motu cognisance of the issue of noise pollution caused particularly during religious processions in Mumbai and other cities across Maharashtra. A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale has ordered the Maharashtra Government to spell out what steps it has taken particularly for containing Noise Pollution...

Bombay High Court Quashes Case Against Man Accused Of Threatening Cop After Mobile Video Shows ₹300 Bribe Demand

The Bombay High Court has quashed a chargesheet against a man accused of offences under Sections 353, 504 and 506 of the IPC, observing that mobile phone footage and WhatsApp conversations prima facie showed that the complainant-police constable had demanded ₹300 from him for returning his driving licence. The Court observed that a false case of criminal intimidation had thereafter been...