Bombay High Court
'Dua' For Election Success During Political Congregation Doesn't Constitute Soliciting Votes On Religious Grounds: Bombay High Court
A candidate performing Dua (prayers/worship) during a political congregation for his victory in elections and the audience responding with an 'Amen' does not amount to a 'corrupt practice' of soliciting votes in the name of religion, the Bombay High Court held recently while upholding the election of All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate's victory in the Maharashtra Legislative Assembly elections. Single-judge Justice Nijamoodin Jamadar rejected the election petition...
Registrar Cannot Decide Title Disputes Using Supervisory Powers Under Maharashtra Co-operative Societies Act: High Court
The Bombay High Court has held that the powers conferred upon the Registrar under Section 79 of the Maharashtra Co-operative Societies Act, 1960 are supervisory in nature and cannot be exercised to adjudicate disputes relating to title or ownership of property. The Court observed that where performance of an act requires an adjudicatory order by the competent authority, the Deputy Registrar cannot bypass that process by issuing directives to a society under Section 79(2) of the Act.Justice...
"Shocked By Total Ignorance": Bombay High Court Transfers POCSO Case To CID After Cops Revealed Victim's Identity
The Bombay High Court has transferred the investigation into a POCSO case to the Maharashtra State CID after finding glaring lapses in the manner in which the probe was conducted by the local police. The Court observed that the investigation disclosed a disturbing lack of awareness of the mandatory safeguards under the POCSO Act, including disclosure of the victim's identity, recording of the victim's statement at the police station, and complete failure to maintain a legally compliant case...
National Co-operative Consumers' Federation Excluded From Rent Control Protections Being PSU Under Rent Control Act: Bombay High Court
The Bombay High Court has held that the National Co-operative Consumers' Federation of India Ltd. (NCCF), a multi-state co-operative society, is functioning as an implementing agency of the Central Government, and qualifies as a "Public Sector Undertaking" for the purposes of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999. The Court observed that the expression "Public Sector Undertaking" is not confined to statutory corporations or government companies and must be interpreted in the...
Woman 'Concealing' Subsisting Marriage Not Entitled To Maintenance From Second Husband: Bombay High Court
A woman, who conceals her first marriage and performs a second marriage despite the subsistence of the first marriage, cannot seek maintenance from her second husband under Section 125 CrPC, held the Bombay High Court recently. Single-judge Justice Milind Sathaye in an order passed on July 16, dismissed the appeal filed by a woman, who had challenged a lower court's order which had directed...
Taxpayers Can't Be Made To Bear Losses Caused By Illegal Project Cancellations; Erring Officials Must Pay Damages Personally: Bombay High Court
The Bombay High Court recently while issuing notice to the Maharashtra Government and also the Brihanmumbai Municipal Corporation (BMC) in a plea challenging the 'sudden' stoppage of a multi-storey parking project near the city's famous Mumba Devi Temple, observed that time has come for making government servants pay damages to the construction companies from their own salaries and not from...
Bombay High Court Weekly Round-Up: July 13 to July 19, 2026
Citations: [2026 LiveLaw (Bom) 323 to 2026 LiveLaw (Bom) 334]Nominal IndexShreesh Kumar vs Bramha Suncity Co-operative Housing Society Ltd., 2026 LiveLaw (Bom) 323Gurbir Singh vs Samar Mohammed Khadas, 2026 LiveLaw (Bom) 324M/s. Real Gem Buildtech Pvt. Ltd. vs M/s. East Tradvest Pvt. Ltd., 2026 LiveLaw (Bom) 325Arkade Developers Ltd. vs Municipal Corporation of Greater Mumbai, 2026 LiveLaw...
Hearing Accused At Pre-Cognizance Stage Mandatory Under BNSS For Offences Under SEBI Act: Bombay High Court
The Bombay High Court has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating an opportunity of hearing to the accused before taking cognizance of a complaint applies to prosecutions under the Securities and Exchange Board of India Act, 1992. The Court observed that the Special Court could not take cognizance of an offence under the SEBI...
Doctors Assault Case: Bombay High Court Cancels Shinde Sena Corporator Ramesh Mhatre's Bail; Urges Doctors To Withdraw Strike Call
The Bombay High Court in a special sitting on Saturday, cancelled the bail granted to Ramesh Mhatre, the sitting corporator from Shiv Sena (Eknath Shinde), booked for assaulting three doctors of civic-run hospital.The high court today took suo motu cognisance of an order passed by a Magistrate court in Kalyan granting bail to Mhatre. Notably, doctors across Maharashtra had announced that...
Maharashtra Govt Seeking To Shield 'Big Mandals' Through PoP Idols Immersion Policy: PIL Petitioner Tells Bombay High Court
The Bombay High Court was on Friday (July 17) told that the Maharashtra Government was trying to protect 'big mandals' by pressing for allowing immersion of Ganesh idols made of Plaster of Paris (PoP) above the height of six feet, in natural water bodies. A division bench of Justice Ajay Gadkari and Justice Kamal Khata has been hearing final arguments in the Public Interest Litigation (PIL)...