Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Citations: 2025 LiveLaw (Bom) 89 to 2025 LiveLaw (Bom) 96Nominal Index:Ramesh Potdar vs Union of India, 2025 LiveLaw (Bom) 89Rahim Khan Sandu Khan vs State of Maharashtra, 2025 LiveLaw (Bom) 90Kailash Mehar Singh Kher vs State of Maharashtra, 2025 LiveLaw (Bom) 91Ramadas KS vs. TISS & Ors., 2025 LiveLaw (Bom) 92Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay Through Registrar General, 2025 LiveLaw (Bom) 93Sanjiv Mohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd., 2025 LiveLaw (Bom) 94Tukaram Parab vs State, 2025 LiveLaw (Bom) 95Arjun Raju Khanapure vs. Union of India & Ors., 2025 LiveLaw (Bom) 96Judgments/Final Orders:Bombay High Court Allows Family To Exchange ₹20 Lakh 'Demonetised' Notes As Income Tax Department Had Seized The CurrencyCase Title: Ramesh Potdar vs Union of India Citation: 2025 LiveLaw (Bom) 89The Bombay High Court recently came to the aid of a group of people from Maharashtra's Kolhapur district and ordered the Reserve Bank of India (RBI) to accept their demonetised notes worth Rs 20 lakhs, which were seized by the Income Tax in December 2016 and returned to them after the deadline to exchange the old notes.A division bench of Justices Atul Chandurkar and Milind Sathaye noted that the IT Department had seized the notes on December 26, 2016 and the deadline for exchanging the old notes was December 31, 2016.Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj PilgrimageCase Title: Rahim Khan Sandu Khan vs State of Maharashtra Citation: 2025 LiveLaw (Bom) 90The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future.'Intolerance Of Orthodoxy A Bane Of Indian Society': Bombay HC Quotes AG Noorani, Quashes Case Against Kailash Kher For Hurting Religious Feelings In SongCase Title: Kailash Mehar Singh Kher vs State of Maharashtra Citation: 2025 LiveLaw (Bom) 91Observing that 'intolerance and dissent' from the orthodoxy have been a 'bane' of the Indian society for centuries, the Bombay High Court on Wednesday quashed the criminal case initiated against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song 'Babam Bam' - a track on Lord Shiva.A division bench of Justices Bharati Dangre and Shyam Chandak noted from the complaint filed by one Narinder Makkar before a court in Ludhiana, wherein he alleged that in the song sung by Kher in 2007, it can be seen that several girls and boys wearing clumsy clothes are dancing and even kissing each other, which has hurt the sentiments of the Hindu Community because the song was about Lord Shiva.'Politically Motivated Protest Under Banner Of Institute': Bombay HC Upholds Suspension Of TISS PhD Student Accused Of 'Anti-National' ActivitiesCase title: Ramadas KS vs. TISS & Ors. Citation: 2025 LiveLaw (Bom) 92The Bombay High Court has upheld the suspension of a Tata Institute of Social Sciences (TISS) PhD student, Ramadas KS, who was debarred from the institute for 2 years for participating in a protest against the BJP government and implementation of National Education Policy (NEP) under the banner of PSF – TISS.A division bench of Justice A.S. Chandurkar and Justice M.M. Sathaye observed that the said protest/march was politically motivated and noted that TISS was correct in finding that Ramadas created an impression that the views expressed in the march represented the views of the institute and that this brought disrepute to the institute.Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High CourtCase title: Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay Through Registrar General Citation: 2025 LiveLaw (Bom) 93The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges (Salaries and Conditions of Services) Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation.Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HCCase Title: Sanjiv Mohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd. Citation: 2025 LiveLaw (Bom) 94The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause.If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High CourtCase Title: Tukaram Parab vs State Citation: 2025 LiveLaw (Bom) 95In a significant order, the Goa bench of the Bombay High Court has said that...

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Sanjana Dadmi

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