Actor Imran Khan Moves Bombay High Court Challenging "Leave India" Notice For Participating In Anti-CEC Protests

Actor Imran Khan has moved the Bombay High Court challenging the "Leave India" notice issued by the Foreigners Regional Registration Officer (FRRO) asking him to leave the country by October 28.Notably, Imran, US citizen and an OCI Card holder, was last week detained by the Mumbai Police for participating in the protests staged for removal of Chief Election Commissioner Gyanesh Kumar over the...

Financial Burden On State Is No Ground To Deny Legitimate Dues To Teachers: Bombay High Court

The Bombay High Court while ordering the Maharashtra Government to grant the benefit of 'rectified' pay scale under the fifth pay commission to teachers with effect from January 1, 1996 instead of January 1, 2000, held that merely because there will be a financial burden on the State, the teachers cannot be denied their legitimate dues.A division bench of Justice Kishore Sant and Justice...

If You Want To Play For India, Accept Indian Citizenship: Bombay High Court To OCI Card Holders Challenging BCCI Rule

While hearing the petitions filed by 12 Overseas Citizen of India (OCI) card holding budding cricketers, challenging the decision of the Board of Control for Cricket in India (BCCI) which has made 'Indian Passport' mandatory for players to play in any of its tournaments, Bombay High Court earlier this week, orally said that if these young players are 'so desperate' to play for India, they...

Firecracker Ban On Roads Applies To All Festivities Year-Round Across Maharashtra: Bombay High Court Clarifies

Observing that the future generations must remain healthy and not be visiting hospitals for medical treatment, the Bombay High Court on Thursday (October 15) made it clear that its earlier order imposing a total ban on bursting of fire crackers on public streets would not be limited only to the Ganapti festival but the same would be applicable to all the religious festivals celebrated...

Bombay High Court Seeks Credentials Of Congress, PUCL, AITUC In Pleas Challenging Maharashtra Special Public Security Act

The Bombay High Court on Friday asked the Indian National Congress, the People's Union for Civil Liberties (PUCL) and the All India Trade Union Congress (AITUC) to furnish details of their registration, constitution and office-bearers before it proceeds to hear their petitions challenging the constitutional validity of the Maharashtra Special Public Security Act (MSPSA).A division...

Counterclaim Need Not Concern Same Property As Suit: Bombay High Court Restores Claim, Says Plaintiff's Exclusion Request Is Not Binding

The Bombay High Court has held that a counterclaim need not relate to the same property or cause of action involved in the plaintiff's suit, while restoring a counterclaim excluded by the trial court. The Court observed that the discretion vested in the Court under Order VIII Rule 6-C CPC is required to be exercised by the Court in a judicious manner to avoid multiplicity of proceedings...

No HC Leave Required Under Section 378(3) CrPC To Appeal Acquittal Before Sessions Court: Bombay High Court

The Bombay High Court has held that an appeal against acquittal filed before the Sessions Court under Section 378(1)(a) of the Code of Criminal Procedure, 1973, does not require leave of the High Court under Section 378(3). The Court observed that the amendment to Section 378 changed only the procedural forum for filing an appeal and did not affect the substantive right of...

"Urgent Need To Enact Advocates Protection Law": Bombay High Court While Denying Pre-Arrest Bail To Man Booked For Assaulting Lawyer

While denying anticipatory bail to a man booked for assaulting and pressuring an advocate from appearing in a criminal case for a litigant, the Bombay High Court said that there is an 'urgent' need of enacting a comprehensive legislation to provide protection to Advocates. Single-judge Justice Madhav Jamdar denied anticipatory bail to one Kiran Kahandal, a resident of Nashik district, who...

Additional Public Prosecutor Not State Employee; Cannot Be Prosecuted As 'Public Servant' Under PC Act: Bombay High Court

The Bombay High Court has upheld the discharge of an Additional Public Prosecutor accused of demanding a bribe, holding that an Additional Public Prosecutor appointed on a tenure basis is not a public servant for the purposes of prosecution under the Prevention of Corruption Act, 1988. The Court relied on the Supreme Court's ruling in State of U.P. v. Johri Mal, which distinguishes...

'Non-Payment Of Salaries To Employees Violates Fundamental Rights Under Articles 14, 19(1)(g) & 21': Bombay High Court

The Bombay High Court has held that non-payment of salaries directly breaches the fundamental rights guaranteed to employees under Articles 14, 21 and 19(1)(g) of the Constitution. The Court observed that no institution can function in a manner prejudicial to or exploitative of its employees by withholding their salaries, which constitute their basic source of livelihood and survival.A...

“Caste, Tribe Or Community Can Never Constitute Incriminating Material”: Bombay High Court Rejects Bail Pleas Of Accused Under MCOCA

The Bombay High Court has held that a person's caste, tribe or community can never constitute incriminating material and that no adverse inference can be drawn on that basis. The Court observed that the prosecution must stand or fall on legally admissible evidence while rejecting bail applications filed by three accused booked under the Maharashtra Control of Organised Crime Act...

Bombay High Court Pulls Up Litigant For Joining Court VC While Lying On Bed Without Clothes

The Bombay High Court has deprecated the conduct of a litigant who joined a video-conferencing hearing while lying on a bed without wearing clothes, observing that parties cannot be exhibited in such a manner before the Court while seeking exemption from personal appearance. The Court directed the litigant to leave the video conference and directed that on the next date, he must either...