Bombay High Court Weekly Round-up: April 17 To April 23, 2023

Nominal Index [Citation 197 - 212]Raju Pednekar v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 197Sardar s/o Shahvali Khan v. State of Maharashtra 2023 LiveLaw (Bom) 198Satish s/o Ramesh Nandre v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 199Sudha wd/o Bhagirath Meshram v. Zilla Parishad and Ors. 2023 LiveLaw (Bom) 200Mukta Dabholkar & Anr. v. Central Bureau of Investigation & Ors. 2023 LiveLaw (Bom) 201Shobha w/o Sanjay Tidke v. Kishanrao S/o. Ramrao Tidke and Anr. 2023 LiveLaw (Bom) 202R v. S 2023 LiveLaw (Bom) 203Assistant Conservator of Forest & Anr. v. State of Maharashtra & Anr. 2023 LiveLaw (Bom) 204Akash Kanwarlal Kamal v. Himani Akash Kamal 2023 LiveLaw (Bom) 205Rahul S/o Omprakash Gandhi v. Akola Janta Commercial Co-Operative Bank Ltd. 2023 LiveLaw (Bom) 206S v. H 2023 LiveLaw (Bom) 207Sandoz Private Limited v. Bhartiya Kamgar Karmachari 2023 LiveLaw (Bom) 208Dharmendra M. Jani v. UOI 2023 LiveLaw (Bom) 209Rohan Lobo v. State Of Goa 2023 LiveLaw (Bom) 210Sharad S/o. Shankarrao Bonde v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 211Sub-Area Manager, Western Coal Fields Ltd., Padmapur, Chandrapur. v. Anjutai Wd/o Rajkumar Tiple 2023 LiveLaw (Bom) 212Reports/JudgmentsBombay High Court Dismisses Former BMC Corporator's Plea Challenging Civic Ward Count Reversal By Eknath Shinde Led Maharashtra GovtCase Title: Raju Pednekar v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 197The Bombay High Court dismissed pleas against an Ordinance issued by the CM Eknath Shinde led Maharashtra government and subsequent Act to reduce the number of civic wards back from 236 to 227.“(impugned legislations) cannot be found to be manifestly arbitrary, irrational and unconstitutional, nor could they be found to be actuated by any political consideration or motive," the division bench comprising Justice SS Shukre and Justice MW Chandwani held.1993 Bombay Blasts | Bombay High Court Rejects Convict Sardar Shahvali Khan's Plea For Transfer To Open PrisonCase Title: Sardar s/o Shahvali Khan v. State of MaharashtraCitation: 2023 LiveLaw (Bom) 198The Bombay High Court denied 1993 Bombay blasts convict Sardar Shahvali Khan's request to be transferred to an open prison.A division bench of Justice Mangesh Patil and Justice Abhay S Waghwase sitting at Aurangabad held that the convicts under the Terrorist and Disruptive Activities (Prevention) Act, 1987 can fall under the category of prisoners ineligible for confinement in an open prison as per Maharashtra Open Prison Rules, 1971.Six-Year-Old Not Expected To Know Culprit's Full Name: Bombay High Court Upholds Rape ConvictionCase Title: Satish s/o Ramesh Nandre v. State of Maharashtra and Anr.Citation: 2023 LiveLaw (Bom) 199Observing that a 6-year-old child is not expected to know the full name of the person who raped her, the Bombay High Court upheld the conviction of a 38-year-old man who was booked after the child provided his nickname to the police.A division bench of Justice Vibha Kankanwadi and Justice YG Khobragade sitting at Aurangabad held the fact that the child's mother provided the full name from the nickname given by the child does not mean that the accused is being implicated in the crime.'Iniquitous And Harsh': Bombay High Court Refuses Recovery Of Excess Amount From High School Lecturer’s Widow Despite Deceased's UndertakingCase Title: Sudha wd/o Bhagirath Meshram v. Zilla Parishad and Ors.Citation: 2023 LiveLaw (Bom) 200Despite the employee’s undertaking at the time of pay fixation to refund any excess amount paid to him, the Bombay High Court quashed an order to recover excess amount of over two lakhs from the widow of a high school lecturer.A division bench of Justice AS Chandurkar and Justice MW Chandwani noted that the widow and her children are completely dependent on the pension of Rs. 14,250/- per month and held that it would be harsh and iniquitous to recover the amount.After 9 Yrs Bombay High Court Discontinues Monitoring Anti-Superstition Crusader Narendra Dabholkar’s Murder Probe; Kin Say Masterminds Yet To Be NabbedCase Title: Mukta Dabholkar & Anr. v. Central Bureau of Investigation & Ors.Citation: 2023 LiveLaw (Bom) 201The Bombay High Court refused to continue monitoring the murder probe of anti-superstition crusader Narendra Dabholkar, who was shot dead for ideological reasons on his morning walk in 2013.The division bench of Justices Ajay S Gadkari and Prakash Naik disposing of two petitions, one filed by Dabholkar’s kin for court monitored probe observing that the investigation is complete.Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High CourtCase Title: Shobha w/o Sanjay Tidke v. Kishanrao S/o. Ramrao Tidke and Anr.Citation: 2023 LiveLaw (Bom) 202The Bombay High Court held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC.Justice Kishore C Sant sitting at Aurangabad noted that the list of relatives entitled to claim maintenance under...

Bombay High Court Weekly Round-up: April 17 To April 23, 2023

Amisha Shrivastava

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