Bombay High Court
'Long Chain' Of Bureaucratic Approvals In Preventive Detention Needs Pruning: Bombay High Court To Maharashtra Govt
In a bid to ensure that there is no delay in processing the preventive detention orders, the Bombay High Court recently ordered the Maharashtra Government to cut short the long chain of officers, through whom a proposal to detain an individual moves. In the same case, reported by Live Law earlier today, the bench has held that 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...
Bombay High Court Issues Notice On YouTuber Dr Sangram Patil's Plea Against FIR Over 'Objectionable Posts' On PM Modi
The Bombay High Court on Thursday (January 22) issued notice to Maharashtra Government on a plea by YouTuber and United Kingdom (UK) based doctor Sangram Patil, booked for allegedly making 'objectionable' social media posts against Prime Minister Narendra Modi and other BJP leaders. A British national of Indian origin Patil, who had been to Mumbai recently, learnt about the FIR lodged against him at the NM Joshi Marg Police Station in the city after he was prevented to fly back his home, by...
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...
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...
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...
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...
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...