Bombay High Court Weekly Round-Up: 07 October – 13 October, 2024

Citation 2024 LiveLaw (Bom) 503 to 2024 LiveLaw (Bom) 519Nominal Index Subhash Athare vs State of Maharashtra, 2024 LiveLaw (Bom) 503Laura D'Souza vs. Lalit Timothy D'Souza, 2024 LiveLaw (Bom) 504 XYZ vs.The State of Maharashtra & Anr., 2024 LiveLaw (Bom) 505 Ruju R. Thakker vs. State Of Maharashtra And Ors., 2024 LiveLaw (Bom) 506 S vs R, 2024 LiveLaw (Bom) 507 Natvar Patel vs State of Maharashtra, 2024 LiveLaw (Bom) 508 Indian Institute of Technology by its Registrar vs Dadarao Tanaji Ingle and Ors., 2024 LiveLaw (Bom) 509 Commissioner of Income Tax (Exemptions) vs Shree Sai Baba Sansthan Trust, Shirdi, 2024 LiveLaw (Bom) 510 Dashrath Dhramaji Debur vs Special Police Inspector General Prison (East Region), Nagpur, 2024 LiveLaw (Bom) 511 Julia Rodrigues vs. Chandra Gulab Advani & ors., 2024 LiveLaw (Bom) 512 Suswarajya Foundation, Satara And Anr vs. The Collector, Satara And Anr, 2024 LiveLaw (Bom) 513 X vs Maharashtra National Law University, 2024 LiveLaw (Bom) 514 State of Maharashtra vs Deepak Jath, 2024 LiveLaw (Bom) 515 Rakesh Shukla vs State of Maharashtra, 2024 LiveLaw (Bom) 516 The Executive Engineer V/S Suchita Vijay Survey, 2024 LiveLaw (Bom) 517 Ashok Kumar Goel & Anr. vs. EbixCash Limited & Ors., 2024 LiveLaw (Bom) 518 Maharashtra State Road Transport Corporation V/SMr. Raghu Deu Mongal, 2024 LiveLaw (Bom) 519Judgments/Final Orders: Recording Conversation With Officer In Police Station Is Not An Offence Under Official Secrets Act: Bombay High CourtCase Title: Subhash Athare vs State of Maharashtra Citation: 2024 LiveLaw (Bom) 503The Bombay High Court last month held that the act of recording audio in a police station would not become an offence under the stringent Official Secrets Act (OSA).A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar, sitting in Aurangabad, quashed an FIR lodged against two brothers, one of whom works as a Constable with the Mumbai Police, who were booked under the Official Secrets Act for recording conversation with a police officer, within the police station at Pathardi, Ahmednagar.[Indian Succession Act] Executor's Imprisonment Affects Management And Administration Of Deceased's Large Estates: Bombay High CourtCase title: Laura D'Souza vs. Lalit Timothy D'SouzaCitation: 2024 LiveLaw (Bom) 504The Bombay High Court has observed that the incarceration of an executor of a will, who has to administer and manage 'large' estates and business ventures, would operate as a 'legal disability' for the executor to manage such estates. A single judge bench of Justice N. J. Jamadar observed “If the estate is such that it does not require active management as is in the case of a passive investment, the incarceration of the executor may not have a bearing. However, whether the estate is large and comprises running business ventures, which require day to day management, it would be difficult to accede to the submission that the incarceration does not operate as a legal disability.”Bombay High Court Slams State For Opposing Unmarried Woman's Pregnancy Termination As She Did Not "Fit Criteria" Of Being Widow Or DivorceeCase title: XYZ vs.The State of Maharashtra & Anr.Citation: 2024 LiveLaw (Bom) 505The Bombay High Court on Monday pulled up the Maharashtra Government for opposing the 20-weeks medical termination of pregnancy of an 'unmarried' woman on the ground that she 'does not fit' the criteria for undergoing an abortion.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale questioned the 'rationale' in the argument put forth by the State that for the petitioner, a 23-year-old unmarried woman, to benefit from the Medical Termination of Pregnancy (MTP) Act, must fit in the criteria i.e. she either must be a widow or a divorcee.Bombay High Court Revives PIL On Potholes And Poor Road ConditionsCase title: Ruju R. Thakker vs. State Of Maharashtra And Ors.Citation: 2024 LiveLaw (Bom) 506The Bombay High Court has stated that it would revive a Public Interest Litigation (PIL) on the issue of potholes in Mumbai and other districts in Maharashtra.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was pronouncing the judgment on a contempt petition filed by Advocate Ruju Thakkar alleging non-compliance of Court's order to maintain good road conditions by the BMC and other authorities. While the Court disposed of the contempt petition, it stated that given the larger public interest and fundamental rights involved in the case, it would revive the PIL.Bombay High Court Slaps Rs 1 Lakh Cost On Husband Who Opposed Wife's Plea To Transfer Divorce Proceedings Despite Her HardshipsCase Title: S vs RCitation: 2024 LiveLaw (Bom) 507The Bombay High Court recently came to the aide of a woman, who was being 'compelled' by her estranged husband to travel at least 8 hours along with her pre-term born now 15-months old son, to attend divorce proceedings and also slapped a fine of Rs 1 lakh on the husband in order to ameliorate her...

Bombay High Court Weekly Round-Up: 07 October – 13 October, 2024

Sanjana Dadmi

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