Bombay High Court Weekly Round-up: March 4, 2024 To March 10, 2024

Nominal Index [Citation 120 - 135]Mehandi Kasim Jenul Abidin Shaikh @ Mehandi Kasam Shaikh @Bangali Baba v. State of Maharashtra 2024 LiveLaw (Bom) 120G.N. Saibaba v. State of Maharashtra 2024 LiveLaw (Bom) 121Sanjay Pran Gopal Saha v. State of Maharashtra and Ors. 2024 LiveLaw (Bom) 122Shiv Charan v. Adjudicating Authority 2024 LiveLaw (Bom) 123Shell India Markets Private Limited v. Union of India 2024 LiveLaw (Bom) 124Ashok Chaganlal Thakkar v. National Faceless Assessment Centre 2024 LiveLaw (Bom) 125Indrakumar Jain v. M/s. Dainik Bhaskar and Ors. 2024 LiveLaw (Bom) 126Yogesh Rajendra Sawant v. State of Maharashtra 2024 LiveLaw (Bom) 127Bhaulal S/o. Dokraji Reswal v. State of Maharashtra 2024 LiveLaw (Bom) 128Binod Sitaram Agarwal v. State of Maharashtra & Ors. 2024 LiveLaw (Bom) 129Hari Sankaran v. Serious Fraud Investigation Office 2024 LiveLaw (Bom) 130Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors 2024 LiveLaw (Bom) 131Wadhwa Group Housing Pvt Ltd v. Vijay Choksi and SSS Escatics Pvt. Ltd 2024 LiveLaw (Bom) 132Mangal Kashinath Dabhade and Anr. v. State of Maharashtra 2024 LiveLaw (Bom) 133Hasinabi w/o Abdul Latif v. Mohammad Sharif S/o Abdul Rajjak 2024 LiveLaw (Bom) 134M/s. Sanathan Textile Pvt Ltd. Versus Union of India 2024 LiveLaw (Bom) 135Reports/JudgmentsUnfortunate That 'Tantrics/Babas' Take Advantage Of Vulnerability & Blind Faith: Bombay HC Upholds Man's Life Term For Rape Of 6 Minor Girls Case Title: Mehandi Kasim Jenul Abidin Shaikh @ Mehandi Kasam Shaikh @Bangali Baba v. State of MaharashtraCitation: 2024 LiveLaw (Bom) 120The Bombay High Court confirmed the conviction and life sentence of a man claiming to be a tantric who raped and sexually exploited seven girls, six of them minors, for over five years under the pretext of curing them from begetting intellectually challenged male children.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande dismissed the appeal filed by one Mehandi Kasim Jenul Abidin Shaikh, alias Bangali Baba, against conviction by the sessions court in April 2016 observing –“It is an unfortunate reality of our times, that people, at times knock on the doors of so called tantrics/babas, for a solution to their problems and that these so called tantrics/babas, take advantage of the vulnerability and blind faith of these people and exploit them. The so called, tantrics/babas not only exploit their vulnerability, by extracting money from them, but also many a times, sexually assault the victims, under the guise of providing solutions…The appellant took full advantage of the apprehension of the victims mothers and by manipulating their fears, assured to cure the girls and in the process, also financially exploited them.”No Evidence To Connect Accused To Terrorist Act; Trial Failure Of Justice: Bombay High Court Acquits GN Saibaba Case Title: G.N. Saibaba v. State of MaharashtraCitation: 2024 LiveLaw (Bom) 121The Bombay High Court today that the trial of former Delhi University Professor GN Saibaba and others was held despite violation of mandatory provisions of the Unlawful Activities Prevention Act (UAPA) pertaining to arrest, search and seizure, and sanction to prosecute.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes, while acquitting GN Saibaba and others in an alleged Maoist-links case, observed that the trial, held without mandatory compliance, amounts to a failure of justice.“There is total non-compliance of various provisions of UAPA. The sanction accorded to prosecute Accused Nos.1 to 5 is invalid. Taking of cognizance by the Trial Court without valid sanction or no sanction to prosecute accused No.6 G.N. Saibaba goes to the root of the case, which renders the entire proceedings null and void. There is non-compliance of the provisions of Sections 43-A and 43-B of the UAPA pertaining to arrest, search and seizure. Statutory presumption under section 43- E of the UAPA would not apply for the offences charged. We hold that the trial held despite violation of mandatory provisions of law itself amounts to failure of justice.”The Court also observed, "No evidence has been led by the prosecution by any witness to any incident, attack, act of violence or even evidence collected from some earlier scene of offence where a terrorist act has taken place, in order to connect the accused to such act, either by participating in its preparation or its direction or in any manner providing support to its commission."Mere Failure To Perform Contract Does Not Amount To Cheating: Bombay High Court Grants Bail To Man Accused Of Cheating Actor Vivek Oberoi Case Title: Sanjay Pran Gopal Saha v. State of Maharashtra and Ors.Citation: 2024 LiveLaw (Bom) 122The Bombay High Court granted bail to actor Vivek Oberoi's business partner Sanjay Saha arrested in a Rs. 1.55 crore cheating case filed by Oberoi for allegedly siphoning off the funds of their film production firm.Justice NJ Jamadar held that prima facie,...

Bombay High Court Weekly Round-up: March 4, 2024 To March 10, 2024

Amisha Shrivastava

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