Filing Numerous Proceedings Against Someone As Per Law Can't Invite Prosecution For Suicide Abetment: Bombay High Court

A complainant filing number of proceedings as per law against someone cannot be booked under section 306 of the Indian Penal Code which penalises abetment to suicide only because the proposed accused, later on commits suicide, held the Bombay High Court recently while observing that if such a complaint in such circumstances is prosecuted, people involved in criminal activities will never...

Maharashtra SIR | Bombay High Court To Hear Plea Seeking Safeguards Against Wrongful Voter Exclusion On October 5

The Bombay High Court on Monday (September 28) agreed to hear the petition claiming numerous flaws in the implementation of the Special Intensive Revision (SIR) in Maharashtra and posted the matter for hearing on October 5.The petition filed on behalf of two businessmen, was mentioned before a division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna stating that...

Bombay High Court Refuses Urgent Hearing Of Plea Challenging 14 Orders By CEC Gyanesh Kumar Allegedly Passed Despite Objections By ECs

The Kolhapur bench of the Bombay High Court on Monday (September 28) refused to grant an urgent hearing to a writ petition challenging the 14 actions allegedly taken by Chief Election Commissioner Gyanesh Kumar, allegedly despite objections by the other two Election Commissioners, Dr Sukhbir Singh Sandhu and Dr Vivek Joshi.The petition, filed through Advocate Asim Sarode, alleges that the...

NPPA Cannot Impose Blanket Price Ceiling Without Following DPCO Mechanism: Bombay High Court Quashes 2009 Notification

The Bombay High Court has held that the National Pharmaceutical Pricing Authority (NPPA) could not impose a blanket price ceiling on a formulation without following the mechanism prescribed under paragraphs 7 and 9 of the Drugs (Prices Control) Order, 1995 (DPCO 1995). The Court held that the NPPA's notification dated January 30, 2009 was ultra vires the DPCO 1995 and quashed the same, along...

Preventive Detention Cannot Rest On Bare Assumption That Detenu Will Obtain Bail: Bombay High Court

The Bombay High Court has held that preventive detention cannot be sustained where the Detaining Authority's satisfaction that the detenu was likely to be released on bail was based only on the assumption that the offence was not compulsorily punishable with death sentence. The Court observed that such satisfaction was not based on cogent material relating to the investigation.A division bench...

2016 Kopardi Gang Rape Case: Bombay High Court Judges To Visit Spot Of Incident Before Hearing Final Arguments In Death Reference

Before hearing the final arguments in the appeals filed by the convicts in the infamous Kopardi gang rape case challenging their death sentence, the Bombay High Court on Tuesday (September 22) said it will first visit the spot where the minor girl was allegedly ravished and killed by the convicts.A division bench of Justice Bharati Dangre and Justice Ashish Chavan have decided to visit the...

Plea In Bombay High Court To Quash 14 Orders Passed By CEC Gyanesh Kumar Despite Objections Of 2 ECs

The petition also seeks the restoration of the deleted voters and questions the Maharashtra SIR exercise.

Bombay High Court Refuses To Quash FIR Against Doctors Booked For Switching Off Oxygen Supply

The Bombay High Court on Wednesday (September 23) refused to quash a First Information Report (FIR) lodged against three men of the same family, booked for switching off the oxygen supply of an ICU ward in a hospital in Pune. Single-judge Justice Ranjitsinha Bhonsale said that there was a prima facie strong case against the three men, all of whom are practising doctors."In my considered...

'State Best Equipped To Decide Upon Land Requirement For Airport': Bombay High Court Rejects Farmers' Challenge To Purandar Airport Site

The Bombay High Court has dismissed a challenge by farmers to the selection of “Site 1A” for the proposed Greenfield Airport at Purandar, Pune, holding that the choice of site, alignment and project feasibility fall within the domain of experts and the State's policy decision. The Court observed that it would not substitute its own assessment for that of technical experts or...

Magistrate Cannot Revert To Pre-Cognizance Stage And Invoke S.156(3) Cr.P.C. Once Inquiry Is Taken Up U/ S 202: Bombay High Court

The Bombay High Court has held that once a Magistrate takes cognizance of a complaint and proceeds under Chapter XV of the Cr.P.C., the Magistrate cannot revert to the pre-cognizance stage and invoke Section 156(3) to direct police investigation. The Court observed that the Magistrate's order directing investigation under Section 156(3) after calling for a report under Section 202 was contrary...

Collector Cannot Insist On 'NOC' From Housing Society As Precondition To Register Court-Ordered Consent Decree: Bombay High Court

The Bombay High Court has held that the Collector cannot insist on a 'No-Objection' from a co-operative housing society as a pre-condition for registration of a Consent Decree, when there is no statutory provision, rule, regulation or notification mandating such requirement. The Court observed that the Respondents' stance amounted to an obstructionist approach in the execution and...

Can't Use Courts To Recover Money: Bombay High Court Says Costs Should Be Imposed In Pleas To Quash Matrimonial, Commercial FIRs

Observing that 'courts' cannot be used as 'recovery mechanisms', the Bombay High Court recently opined that courts must impose costs in case of quashing First Information Report (FIR) on mutual consent, particularly in commercial and matrimonial disputes.Single-judge Justice Milind Jadhav explained that criminal law cannot be used as a 'bargaining chip' or a tool to settle personal scores...