Bombay High Court
Preventive Detention Illegal If In-Camera Witness Statements Not Verified Before Proposal Under Dangerous Activities Act: Bombay High Court
In a significant judgment, the Bombay High Court held that Preventive Detention is a 'punishment without a trial' and thus, a detention proposal made by a sponsoring authority without prior verification of the in-camera witness statements is materially defective and illegal and such a detention order cannot sustain in law. A division bench of Justice Ajay Gadkari and Justice Ranjitsinha...
Bombay High Court Rejects Plea To Restrain PSBs From Disqualifying Candidates On Past Misconduct, Upholds Autonomy In Recruitment Policy
The Bombay High Court (Aurangabad Bench) has held that Public Sector Banks (PSBs) are autonomous entities entitled to prescribe their own eligibility and disqualification criteria and the mere absence of a uniform instruction from the Government of India does not render such conditions arbitrary.The Court observed that it cannot interfere with the recruitment choices of the Banks unless a specific recruitment condition is shown to be arbitrary, discriminatory, or violative of constitutional...
Bombay High Court Imposes ₹2 Lakh Costs On HDFC Ergo For Frivolous Appeal Against Compensation In Motor Accident Case
Holding that the finding by a Motor Accidents Claims Tribunal (MACT) based on fact cannot be challenged through a writ of certiorari on the ground that the finding was incorrect as "inadequate and insufficient" material was adduced, the Bombay High Court recently imposed hefty costs of Rs 2 lakhs on HDFC Ergo Genral Insurance, for challenging a Rs 45.25 lakh compensation awarded to an Air India crew.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that one...
Railway Employee With Valid Privilege Pass Is 'Bonafide Passenger' Despite Missing Journey Entries: Bombay High Court
The Bombay High Court has held that mere non-endorsement of travel particulars on a valid privilege pass held by a railway employee does not, by itself, disentitle the employee from being treated as a bona fide passenger under Section 124A of the Railways Act, 1989. The Court observed that where the pass was valid on the date of travel and there was no evidence of misuse or excess travel beyond entitlement, denial of bonafide status on technical grounds is unjustified. However, the Court held...
Pending Civil Suit Over Agreement For Sale Does Not Bar Deemed Membership In Co-Operative Society: Bombay High Court
The Bombay High Court held that the mere pendency of a civil suit relating to the enforcement of an agreement for sale or recovery of consideration does not bar the Registrar from deciding an application for membership or deemed membership under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960. The Court observed that the MCS Act confers power upon the Registrar to decide membership when the society does not perform its duty, and the Registrar can confer membership in such a...
Bombay High Court Deprecates Practise Of Litigants Blaming Advocates For Delay In Proceedings Without Material
The Bombay High Court while refusing to condone the delay of 203 days in filing a first appeal challenging a trial court's order, deprecated the practice of litigants blaming advocates for the delay without making the said advocate a party and without initiating any action against the said lawyer. Single-judge Justice Jitendra Jain noted while hearing a civil application seeking to condone...
POSH Act | Once Allegation Not Proved, No Action Can Follow: Bombay High Court Quashes Reprimand For Videographing Colleagues
The Bombay High Court last week, came to the rescue of an employee of National Bank for Agriculture and Rural Development (NABARD), who challenged the penalty of 'Reprimand' imposed on him by the Central Complaints Committee (CCC) for 'video recording' his female colleagues who often 'disturbed' the working hours by 'sitting together, giggling, gossiping and singing.'A division bench of...
'Meant To Strike Terror': Bombay High Court Denies Bail To Vet Accused In Amravati Murder Over Nupur Sharma Post
While denying bail to one of the prime accused in the 2022 brutal murder of pharmacist Umesh Kolhe by a group of Muslim men over his support to the controversial statements made by former BJP spokesperson Nupur Sharma against Prophet Mohammed, the Bombay High Court on Tuesday held that the offence was heinous, and strikes at the conscious of the society. A division bench of Justice Ajay...
Over-Emphasis On Accused's Rights Risks Undermining Rights Of Victim, Courts Must Strike Balance: Bombay High Court In POCSO Case
The Bombay High Court on Monday, while upholding a man's conviction and life sentence for raping a minor girl, bemoaned the 'danger' of 'over-emphasis' on the rights of the accused while 'ignoring' the rights of the victim.A division bench of Justice Manish Pitale and Justice Manjusha Deshpande highlighted the fact that it is the victim, who sets the criminal law into motion and yet the rights...
Bombay High Court Refuses Urgent Hearing Of Dhangar Quota Protest Plea, Recalls Maratha Protestors Who 'Overstayed, Littered Mumbai'
The Bombay High Court on Monday criticised the Maratha Community protestors who had brought the city of Mumbai to a standstill in September 2025, for 'littering' the roads of the city and overstaying on the streets while demanding reservation for the community. A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri emphasised on how the protestors were permitted to stage protest...
Ambernath Municipal Council: Bombay High Court Orders Collector To Decide Afresh On Alliances Of BJP-Congress, Shinde Sena-NCP
In a bid to settle the political chaos in Ambernath Municipal Council (AMC), the Bombay High Court on Monday directed the Collector of Thane to decide afresh, recognising an alliance, either of the Shiv Sena (Eknath Shinde Faction) along with the Nationalist Congress Party (Ajit Pawar Faction) or that of the Bharatiya Janata Party (BJP) along with the 12 'expelled' but elected Councillors of...
Immoral Traffic Prevention Act | Major Victim Can't Be Detained In Protective Home Only For Lack Of Family: Bombay High Court
The Bombay High Court while observing that the Immoral Traffic (Prevention) Act, 1956 is not meant to punish victims of sexual exploitation, ordered the release of a woman who was rescued during a police raid and was sent into the custody of a protection home on the ground that she has not source of income, nor family and thus she may again indulge in 'immoral' activities.Single-judge...