Bombay High Court Weekly Round-Up: June 02 - June 08, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 202 to 2025 LiveLaw (Bom) 205]Maharashtra Industrial Development Corporation vs Union Bank of India, 2025 LiveLaw (Bom) 202Hanuman Maruti Mandir Deosthan Trust vs Vina Yogesh Doke, 2025 LiveLaw (Bom) 203Hemang Jadavji Shah vs State of Maharashtra, 2025 LiveLaw (Bom) 204Alka Shrirang Chavan vs Hemchandra Rajaram Bhonsale, 2025 LiveLaw (Bom) 205Judgments: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 A.S. Chandurkar and M.M. 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 J. 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 Maharashtra Citation: 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 J. 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.”Other Developments:Govt Hospital Flooded: Bombay High Court Asks BMC, Maharashtra Govt To Take Preventive Measures Amid MonsoonThe Bombay High Court recently ordered the Brihanmumbai Municipal Corporation (BMC) to undertake remedial measures to ensure there is no flooding again in the civic-run King Edward Memorial (KEM) Hospital in the city.A vacation court bench of Justices Gauri Godse and Somasekhar Sundaresan raised concerns about the medical facilities in the KEM hospital, a key civic-run hospital in Mumbai's Parel area, due to the sudden flooding, after going through news reports highlighting patients sitting in ankle-length deep water.Bombay High Court Permits Animal Sacrifice For Bakri-Eid At Dargah In Kolhapur's Vishalgad FortThe Bombay High Court on Tuesday (June 3) permitted the sacrifice of animals and birds at a Dargah located within the "protected monument" Vishalgad Fort in Kolhapur district for the forthcoming Bakri-Eid festival on June 7 and the Urs celebrations commencing from June 8.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.'Bombay High Court Asks State Govt To Decide Plea To Allow Namaaz At...

Bombay High Court Weekly Round-Up: June 02 - June 08, 2025

Narsi Benwal

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