Bombay High Court Annual Digest 2025: Part II [Citations 201 - 402]

Bombay High Court Slams Family Court Judge Who Denied Urgent Hearing For Medical Custody Of Child To Undergo Open Heart SurgeryCase Title: SGT vs NSTCitation: 2025 LiveLaw (Bom) 201"It is unbecoming of a Judge," remarked the Bombay High Court on May 27 while noting that a Family Court Judge did not grant any urgent hearing to a plea filed by a man seeking interim medical custody of his minor son, who is supposed to undergo an 'open heart' surgery. Single-judge Justice Rohit Joshi also expressed shock over the conduct of the man's wife (child's mother), who opposed the plea for interim custody and also the request for urgent hearing.Mortgage In Breach Of Lease Covenant Not Automatically Void If Consequences Are Provided In Lease Deed: Bombay High CourtCase Title: Maharashtra Industrial Development Corporation vs Union Bank of IndiaCitation: 2025 LiveLaw (Bom) 202The Bombay High Court stated that mortgage in breach of lease covenant not automatically void if consequences are provided in lease deed. The division bench of Justices Atul Chandurkar and Milind Sathaye observed that “the action of BI of creating a mortgage of the leased plot in favour of UBI was without the prior consent of the Chief Executive Officer of the MIDC and thus in violation of Clause 2(t) of the lease deed. Though MIDC sought to invoke its right under Clause 4 of the lease deed by issuing a show cause notice, it did not take any further steps in that regard. Since the consequence of a breach of any covenant of the lease deed has been provided, the creation of the mortgage in breach thereof cannot be treated to be void.”Not Permissible To Register Two Separate Trusts For A Single Temple Under Maharashtra Public Trust Act: Bombay High CourtCase Title: Hanuman Maruti Mandir Deosthan Trust vs Vina Yogesh DokeCitation: 2025 LiveLaw (Bom) 203The Bombay High Court stated under the scheme of Maharashtra Public Trust Act it is not permissible to register two separate trusts for single temple. The Bench of Justice Madhav Jamdar observed that “If, the registration of two separate public trusts are permitted with respect to the same trust properties then there will be innumerable problems in the administration of the public trusts. Allowing the registration of two distinct and separate public trusts with respect to the same temple having same properties is not contemplated by the scheme of the said Act.”Bombay High Court Orders Forthwith Release Of Anchor Group Director Arrested 'Illegally'Case Title: Hemang Jadavji Shah vs State of MaharashtraCitation: 2025 LiveLaw (Bom) 204Observing that his arrest was 'completely illegal' the Bombay High Court last week ordered the 'forthwith' release of Anchor Group director Hemang Shah, who was arrested by the Economic Offences Wing (EOW) of Mumbai Police last month, for allegedly duping his elder brother of nearly Rs 9 crore. A vacation court division bench of Justices Dr Neela Gokhale and Firdosh Pooniwalla noted that a detailed order on June 14, 2024, allowing such sacrifice of animals and birds in was allowed in 'a closed and private area' near the Dargah and not in any 'open or public place.'Transfer Of Property Act | Purchasers During Pendency Of Suit Bound By Decree Of Specific Performance: Bombay High CourtCase Title: Alka Shrirang Chavan vs Hemchandra Rajaram BhonsaleCitation: 2025 LiveLaw (Bom) 205The Bombay High Court stated that the purchasers during pendency of suit bound by the decree of specific performance. The Bench of Justice Madhav Jamdar observed that “the doctrine of lis pendens show that the need for it arises from the very nature of the jurisdiction of the Courts and their control over the subject matter of litigation so that parties litigating before it may not remove any part of the subject matter outside the power of the Court to deal with it and thus make the proceedings infructuous.”Denying Full Reimbursement For Retd Govt Employee's Heart Surgery Violates His Human Rights: Bombay High CourtCase Title: Anirudh Prataprai Nansi vs Union of IndiaCitation: 2025 LiveLaw (Bom) 206Refusing full reimbursement of the medical expenses to a public servant, who underwent a critical 'heart transplant' surgery not only violates his fundamental rights but strikes at the very essence of the human rights, said the Bombay High Court while directing Centre to reimburse Rs. 22 Lakhs to a retired Excise and Customs Officer.Bombay High Court Orders BMC To Pay ₹50 Lakh Each To Families Of Victims Killed In 2015 Hotel City Kinara FireCase Title: Rekha P Thapar vs State of MaharashtraCitation: 2025 LiveLaw (Bom) 2017The Bombay High Court on Tuesday (June 10) while holding the Brihanmumbai Municipal Corporation (BMC) responsible for the death of eight youngster, who died in a tragic fire that broke out in a eatery in Mumbai and therefore ordered the civic body to pay Rs 50 lakh to the families of each of the victims.Advocates Have Right To Plead On Behalf Of Parties In Senior Citizen Maintenance Tribunals :...

Bombay High Court Annual Digest 2025: Part II [Citations 201 - 402]

Narsi Benwal

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