Bombay High Court Weekly Round-Up: September 8 to September 14, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 360 to 2025 LiveLaw (Bom) 368]Pravin Nathalal Parch vs State of Maharashtra, 2025 LiveLaw (Bom) 360Farooq Shaukat Bagwan vs State of Maharashtra, 2025 LiveLaw (Bom) 361TATA AIG General Insurance Co. Ltd. vs Vinay Sah, 2025 LiveLaw (Bom) 362Amit Sunarlal Shahu vs Hare Madhav Electronics, 2025 LiveLaw (Bom) 363Sruti Vijaykumar vs Falgun Yogendra Shroff, 2025 LiveLaw (Bom) 364M/s Provident Housing Ltd. vs Union of India, 2025 LiveLaw (Bom) 365Rajiv Ranjan Singh vs Securities and Exchange Board of India, 2025 LiveLaw (Bom) 366Vishal Bhanudas Jadhav vs State of Maharashtra, 2025 LiveLaw (Bom) 367Milind Satish Sawant vs State of Maharashtra, 2025 LiveLaw (Bom) 368Judgments/Final Orders:'Emotional Attachment' Of Child With Grandparents Is No Ground To Deny Custody To Biological Parents: Bombay High CourtCase Title: Pravin Nathalal Parch vs State of MaharashtraCitation: 2025 LiveLaw (Bom) 360A child's custody cannot be given to his grandparents just because there is an emotional attachment and the same does not confer any 'superior' right to custody over that of the biological parents, the Bombay High Court held on September 4 (Thursday) while allowing a father's habeas corpus plea to get the custody of his son. A division bench of Justices Ravindra Ghuge and Gautam Ankhad noted that the petitioner couple was blessed with twin boys on November 12, 2019 and since the father (of the twins) replaced his own father in the Brihanmumbai Municipal Corporation (BMC) after the latter's retirement, the family agreed to keep one of the twins with the grandparents and one with the biological parents.Bombay High Court Grants Bail To Accused In 2012 Pune Serial Blasts CaseCase Title: Farooq Shaukat Bagwan vs State of MaharashtraCitation: 2025 LiveLaw (Bom) 361The Bombay High Court on Tuesday (September 9) granted bail to one of the accused in the 2012 serial bomb blasts case in Pune on the ground of delayed trial. Five low intensity explosions took place in Pune City on the evening of August 1, 2012, in which one person was injured. Apart from five bomb blasts, one live bomb was found in the carrier basket of Hero Street Ranger black colour bicycle, parked outside a busy area outside a shop in Pune. The same was defused by the Bomb Detection and Disposal Squad, Pune.Ambiguous Terms Of An Insurance Policy Must Be Interpreted To Favour The Insured: Bombay High CourtCase Title: TATA AIG General Insurance Co. Ltd. vs Vinay SahCitation: 2025 LiveLaw (Bom) 362The Bombay High Court has held that in cases of ambiguity in an insurance policy, the principle of contra proferentem would apply and the terms must be interpreted in favour of the insured. The Court expressed serious concern over the conduct of TATA AIG General Insurance Company in repudiating the claim of a widow whose husband had availed a compulsory credit-linked insurance policy bundled with his housing loan, observing that the company had attempted to escape its obligations by taking a hyper-technical view.'Absence Of Party On A Few Occasions Is Not Sufficient To Dismiss Case For Non-Prosecution': Bombay High CourtCase Title: Amit Sunarlal Shahu vs Hare Madhav ElectronicsCitation: 2025 LiveLaw (Bom) 363The Bombay High Court has held that a complaint cannot be dismissed for non-prosecution under Section 256 of the Code of Criminal Procedure merely because the complainant or counsel was absent on a few dates of hearing. The Court observed that principles of natural justice require giving the complainant a fair opportunity to prosecute the complaint on the merits, and that a harsh or hyper-technical approach should be avoided.Right To Travel Abroad Can't Be Curtailed Solely On Grounds Of Pending Tax Prosecution: Bombay High CourtCase Title: Sruti Vijaykumar vs Falgun Yogendra ShroffCitation: 2025 LiveLaw (Bom) 364The Bombay High Court has stated that facing tax prosecution does not automatically bar an accused from foreign travel. single-judge Justice Shriram Modak stated that, "It is true right to travel abroad is recognised as a fundamental right. Merely because a person is facing with prosecution, it does not mean that he cannot travel abroad till the time the investigation is under progress or criminal case is pending." The respondent is an accused in connection with a File registered with the Directorate of Revenue Intelligence ('DRI'), Mumbai, for an offence punishable under Section 135(1)(a) and 135(1)(b) of the Customs Act.Tax Liability Under JDA Arises Only Upon Conveyance Of Property, Not On Execution Of Agreement: Bombay High CourtCase Title: M/s Provident Housing Ltd. vs Union of IndiaCitation: 2025 LiveLaw (Bom) 365The Bombay High Court held that tax liability under JDA (joint development agreement) arises only upon conveyance of property, not on execution of agreement. The division bench consists of Justices Bharati Dangre and Nivedita Mehta stated that no liability actually fell upon the assessee at the time when JDA...

Bombay High Court Weekly Round-Up: September 8 to September 14, 2025

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Bombay High Court Weekly Round-Up: September 8 to September 14, 2025

Narsi Benwal

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