Bombay High Court Weekly Round-Up: May 12 – May 18, 2025

2025 LiveLaw (Bom) 182 to 2025 LiveLaw (Bom) 192Nominal Index:Rizvi Education Society vs The Brihan Mumbai Municipal Corporation, 2025 LiveLaw (Bom) 182Rameshwar Cooperative Housing Society Limited vs Divisional Joint Registrar, Cooperative Societies, 2025 LiveLaw (Bom) 183Girish Dattatray Mahajan vs Anil Thatte, 2025 LiveLaw (Bom) 184Reshu Singh vs Union of India, 2025 LiveLaw (Bom) 185Pandit Vithal Landage vs Vishnu Govind Pawar, 2025 LiveLaw (Bom) 186Vitthal Thaku Jagdale vs Nitin Suresh Kadam, 2025 LiveLaw (Bom) 187 Arjan Motiram Khiani vs Metharam Rijhumal Khiani, 2025 LiveLaw (Bom) 188 AAS vs SAS, 2025 LiveLaw (Bom) 189Ameykumar s/o Nitinchandra Patil vs State of Maharashtra, 2025 LiveLaw (Bom) 190IP vs State of Maharashtra, 2025 LiveLaw (Bom) 191Ashoka Buildcon Ltd. vs Maha Active Engineers India Pvt. Ltd., 2025 LiveLaw (Bom) 192Judgments & Final Orders:Amalgamation Of Two Trusts Not Germane For Inquiry Conducted U/S 50A Of Trusts Act: Bombay High CourtCase Title: Rizvi Education Society vs The Brihanmumbai Municipal CorporationCitation: 2025 LiveLaw (Bom) 182The Bombay High Court stated that amalgamation of two trusts are not germane for inquiry to be conducted under Section 50A Of Trusts Act. Further, the bench of Justice Sharmila Deshmukh disagreed that the publication of notice in official Gazette is sought to be elevated to the status of a jurisdictional condition for exercise of power under Section 50A(2).No Clause In Private Agreement Can Nullify Statutory Rights Under Maharashtra Cooperative Societies Act: High CourtCase Title: Rameshwar Cooperative Housing Society Limited v. Divisional Joint Registrar, Cooperative SocietiesCitation: 2025 LiveLaw (Bom) 183The Bombay High Court stated that no clause in a private agreement can nullify a statutory right under Maharashtra Cooperative Societies Act, 1960 (MCS Act), nor can it be the sole foundation for an administrative action of such severity as deregistration. In this case, the issue before the bench was whether an apex cooperative housing association validly registered under Section 154B of the MCS Act, consisting of duly registered societies of flat purchasers, can be deregistered on the objection of a developer who failed to fulfill his statutory duties under Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA).Bombay High Court Orders Taking Down Of Six Videos Allegedly Defaming Maharashtra Minister Girish MahajanCase Title: Girish Dattatray Mahajan vs Anil ThatteCitation: 2025 LiveLaw (Bom) 184The Bombay High Court recently ordered taking down of six videos videos allegedly defaming BJP leader and Maharashtra Cabinet Minister Girish Mahajan, which were uploaded by two YouTubers, both of whom are journalists. Single-judge Justice Arif Doctor also restrained journalists Anil Thatte and Shyam Giri, who own YouTube channels - Anil Gaganbhedi Thatte and Mudda Bharat Ka, respectively.Institute Founded On Mahatma Gandhi's Teachings Must Treat Employees Fairly: Bombay HC Confirms Appointment Of Teacher On Probation For 7 YrsCase Title: Reshu Singh vs Union of IndiaCitation: 2025 LiveLaw (Bom) 185If an educational institution is founded on the teachings of Mahatma Gandhi, it must be treat all its employees 'fairly' without any 'exploitation', observed the Bombay High Court recently while confirming the appointment of a teacher, who was compelled to work on probation for nearly seven years. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the petitioner Reshu Singh was appointed as an Assistant Professor at Bhartiya Vidya Bhavan's Mumbadevi Adarsh Sanskrit Mahavidyalay, on June 20, 2018 on a two year probation period. Despite her completing the two years probation, she was not confirmed which compelled her to petition the High Court.Court Commissioner Can Be Appointed At Pre-Mature Stage Under Order 26 Rule 9 CPC In Encroachment & Boundary Dispute Cases: Bombay High CourtCase Title: Pandit Vithal Landage v. Vishnu Govind PawarCitation: 2025 LiveLaw (Bom) 186The Bombay High Court stated that court commissioner can be appointed at pre-mature stage under Order XXVI Rule 9 CPC in encroachment and boundary dispute.Tenant's Mere Non-Cultivation Of Land Personally Does Not Amount To Breach Of S.32R Of Tenancy Act: Bombay HCCase Title: Vitthal Thaku Jagdale v. Nitin Suresh KadamCitation: 2025 LiveLaw (Bom) 187The Bombay High Court stated that mere tenant's non-cultivation of land personally does not amounts to breach of Section 32R of the Tenancy Act. The bench of Justice Amit Borkar was addressing the issue of whether mere failure of the tenant to cultivate the land personally, in absence of proof of abandonment or unlawful transfer of possession, would justify resumption of land under Section 32R of the Tenancy Act.When Does Lis Pendens Cease To Operate? Bombay High Court Re-Examines S.52 Of Transfer Of Property Act Post-AlienationCase Title: Arjan Motiram Khiani v. ...

Bombay High Court Weekly Round-Up: May 12 – May 18, 2025

Narsi Benwal

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