Bombay High Court Annual Digest 2024 [Part III]

Citations 2024 LiveLaw (Bom) 436 – 2024 LiveLaw (Bom) 654:Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High CourtCase Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)Citation: 2024 LiveLaw (Bom) 436In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly follows a minor girl to talk to her, to express his love for her and then boast that one day she will accept his love, shows that his intention was not good and the same would amount to sexual harassment under the Protection Of Children from Sexual Offences (POCSO) Act.Non-Submission Of “Bill Of Export” Can't Be Treated As Non-Discharge Of Export Obligation, If Supply To SEZ Unit Is Proved: Bombay High CourtCase Title: Phoenix Industries Limited Versus UOICitation: 2024 LiveLaw (Bom) 437The Bombay High Court has held that if the party is able to show proof of supply to the Special Economic Zone (SEZ) Unit, then non-submission of the “Bill of Export” cannot be treated as non-discharge of proof of export obligation (EO).The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that failure to produce a copy of the assessed bill of export in respect of the supplies made to SEZ would not necessarily result in holding that there was a failure to discharge the export obligation where one is able to establish supplies made to SEZ by the production of copies of ARE-1."Can't Deprive Women From Participating In Workforce": Bombay HC Quashes Lady Officer's Transfer To Allow Her To Care For Son With Special NeedsCase Title: Mrs vs State of GoaCitation: 2024 LiveLaw (Bom) 438The Bombay High Court at Goa recently said it cannot deprive women of their 'due participation' as members of the workforce and therefore, ordered the State administration not to transfer a woman police officer from Ponda city to any other place as her minor son, an autistic child, needed her 'special care and assistance.'[S.509 IPC] Objectionable Words Written In E-Mail Or On Social Media Can Be Penalised For Insulting Woman's Modesty: Bombay High CourtCase Title: Joseph Paul De Souza vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 439In a significant ruling, the Bombay High Court on Wednesday (August 21), held that even a 'written' insulting word, either on email or social media, that could lower the dignity of a woman, is sufficient to book someone under section 509 (insulting the modesty of woman) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to accept the contention that as per section 509 (which penalises any words uttered to insult a woman), the word 'uttered' would only mean 'spoken words' and not words 'written' on an email or social media posts etc.Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High CourtCase Title: Vaishali Gawande vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 440In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code (IPC).Emergency Services Will Be Impacted, Life Of Entire Maharashtra May Come To A Halt: Bombay High Court on MVA's Maharashtra BandhCase Title: Nanda Bai Sarjerav Misal versus State of MaharashtraCitation: 2024 LiveLaw (Bom) 441The Bombay High Court on Friday (August 23) while restraining the Maha Vikas Aghadi (MVA) coalition from proceeding with its call for a 'Maharashtra Bandh' to protest the sexual assault of two kindergarten girls in Badlapur, said that such a 'Bandh' will halt the 'entire life of Mumbai.'Person Attempting To Commit Suicide Cannot Be Penalised In View Of Provisions Of Mental Healthcare Act: Bombay High CourtCase Title: Shital Dinkar Bhagat vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 442The Nagpur bench of the Bombay High Court recently granted relief to a woman constable, who was booked for committing suicide after noting that she took the extreme step under stress and thus her act is exempted from action owing to provisions of the Mental Healthcare Act, 2017.Owner/Occupier Of Property Will Have To Pay Water Tax, Water Benefit Tax Even If They Do Not Consume Water From BMC: Bombay High CourtCase Title: MARS Enterprise vs Municipal Corporation of Greater MumbaiCitation: 2024 LiveLaw (Bom) 443In a significant ruling, the Bombay High Court last week held that an owner of a property will have to pay the water tax and the water benefit tax irrespective of whether the owner or occupier of the property uses the water facility or not.Mandatory Procedures Cannot Be Bypassed To Show Large Number Of Case Disposals In Lok Adalat: Bombay High CourtCase title: Madhukar Baburao Shete vs. Yogesh Trimbak Shete & AnrCitation: 2024 LiveLaw (Bom) 444The Bombay High Court has observed that the ...

Bombay High Court Annual Digest 2024 [Part III]

Sanjana Dadmi

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