Bombay High Court Weekly Round Up : September 12 To September 18, 2022

Nominal Index Sayaji Dashrath Kawade v. The State of Maharashtra 2022 LiveLaw (Bom) 324 Priya Kedar Gokhale and Anr. v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 325 Uttamrao Rambhaji Shelke v. The State of Maharashtra and Ors. 2022 LiveLaw (Bom) 326 Sunita and Ors v. Sandipan Dyanoba Tathapare and Anr. 2022 LiveLaw (Bom) 327 Vikas Ramji Yadav Through Ramji Yadav v. State of Maharashtra & Ors. 2022 LiveLaw (Bom) 328 Kishor Manohar Kamble and Anr v. Pune Municipal Corporation and Ors. 2022 LiveLaw (Bom) 329 Swanath Foundation v. Union of India and Anr. 2022 LiveLaw (Bom) 330 Sunil Gupta and Ors. v. Asset Reconstruction Company (India) Ltd. and Ors. 2022 LiveLaw (Bom) 331 Agisilaos Demetriades v. The Union of India and Ors. 2022 LiveLaw (Bom) 332 Arun Krishnachandra Goswami v. Union of India 2022 LiveLaw (Bom) 333 Reports/Judgments Morals & Ethics Can't Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory: Bombay HC Case Title: Sayaji Dashrath Kawade v. The State of Maharashtra Citation: 2022 LiveLaw (Bom) 324 The Bombay High Court held that a person cannot be convicted under the Prevention of Corruption Act, 1988 (POCA) on the basis of morals and ethics. The basic requirement of demand and acceptance of bribe must be proven by the prosecution beyond reasonable doubt. Justice S. D. Kulkarni overturned the conviction in a criminal appeal observing – "The corruption is spreading like cancer in our great nation. The disease of the corruption has been with us since long time. The common man is facing this rampant corruption, but a person for the charges of corruption under the Act cannot be convicted on moral and ethics. When the law provides certain mandatory requirements for proving offence, no shortcut is permitted." Candidates Born In Maharashtra But Completed 10th/ 12th From Outside Due To Parent's Army Posting Entitled To State Quota In Admissions: High Court Case Title: Priya Kedar Gokhale and Anr. v. State of Maharashtra and Ors. Citation: 2022 LiveLaw (Bom) 325 The Bombay High Court read down rule for Maharashtra quota reservation with respect to admission in 5-year law program in the State for candidates who are born/ domiciled in Maharashtra but who could not complete their 10th/ 12th from the State on account of their parent's army posting. The court stated that the condition of passing 10th and 12th standard from Maharashtra may not be unreasonable, however, relaxation should be made for cases where the candidate does not have a choice, such as the service conditions of the parents due to which they are posted throughout the country in the service of the nation. God Is Not A Fiefdom Of Ruling Party: Bombay High Court Cancels Appointment Of Managing Committee Of Sai Baba Shirdi Trust Case title: Uttamrao Rambhaji Shelke v. The State of Maharashtra and Ors. with connected matter Citation: 2022 LiveLaw (Bom) 326 The Bombay High Court's Aurangabad bench quashed the appointment of the managing committee of the Sai Baba Shirdi Trust observing that trustees to a public trust must be appointed for the betterment of devotees and not for the "ruling government to accommodate their party workers or politicians". A division bench of Justices RD Dhanuka and SG Mehare held that the committee chaired by MLA Ashutosh Kale was illegally appointed by the previous Maha Vikas Aghadi led government in 2021, violating provisions of the special Shree Saibaba Sansthan Trust (Shirdi) Act, 2004 as well as directions of the court. "Wife Knows Husband's Salary": Bombay HC Enhances Compensation To Driver's Kin Under Employees' Compensation Act Sans Salary Slip In 19 Yr Old Case Case title: Sunita and Ors v. Sandipan Dyanoba Tathapare and Anr Citation: 2022 LiveLaw (Bom) 327 The Bombay High Court's Aurangabad bench enhanced compensation awarded to a deceased truck driver's kin under the Employees' Compensation Act, 1923 relying on the oral testimony of the wife. Justice SG Dige observed that the labour court wrongly discarded the wife's evidence in the absence of a salary slip in a 19-year-old-case. Bombay High Court Orders Inquiry Into Father's Allegations That Police Prosecuted His Minor Son For Murder As Adult On Failure To Offer Bribe Case Title: Vikas Ramji Yadav Through Ramji Yadav v. State of Maharashtra & Ors. Citation: 2022 LiveLaw (Bom) 328 Bombay High Court ordered an inquiry to be conducted into a father's allegations that his son was being wrongfully treated as an adult in a murder case despite being a juvenile. Justices Revati Mohite Dere and Madhav Jamdar passed the order in a petition praying for a writ of habeas corpus for release or production of the petitioner detained at the Thane Central Prison. The court directed the Additional Commissioner of Police, North Region, Mumbai,...

Bombay High Court Weekly Round Up : September 12 To September 18, 2022

Amisha Shrivastava

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