Bombay High Court
Deposit ₹23.89 Cr To Restore Water Supply: Bombay HC To Sahara Star Hotel After BMC Disconnects Supply Over Reassessed Property Tax
In the ongoing dispute between the Brihanmumbai Municipal Corporation (BMC) and the Sahara Hospitality Limited, with regards to the property tax of the popular 'Sahara Star' - the five star hotel near Mumbai International Airport, the Bombay High Court recently made it clear if the hotel owners deposit Rs 23.89 crores within a period of four weeks, the water connection of the hotel would be restored. A division bench of Chief Justice Shree Chandrashekar and Justice Aarti Sathe also stayed...
Departmental Proceedings, Even If Harsh Cannot Amount To Abetment Of Suicide: Bombay High Court Discharges Accused
If a departmental enquiry, even if harsh or unpleasant is initiated against an employee, the same cannot amount to 'abetting' the person's suicide, the Bombay High Court held earlier this week, while discharging four employees of an Ashram School, booked for 'conspiring' to falsely implicate a fellow teacher of the school in a case leading to his suicide.Single-judge Justice Amit Borkar...
Disciplinary Action Can Be Initiated Against RPF Personnel Based Video Clips Even If Victim Doesn't File Complaint: Bombay High Court
The Bombay High Court has held that disciplinary proceedings against a member of the Railway Protection Force can be initiated on the basis of material such as CCTV footage and a video clip, even in the absence of a formal complaint by the victim. The Court observed that non-filing of a complaint by the victim does not render the initiation of disciplinary inquiry without jurisdiction when the conduct is otherwise evident from material on record.A division bench of Justices Bharati Dangre and...
Staring At Colleague's Breast May Be Misconduct, Morally Wrong But Not Voyeurism: Bombay High Court Quashes FIR
Unwanted staring at a female colleague's breast can be indecent conduct of the man or morally wrong but it cannot amount to the offence of voyeurism punishable under Section 354-C of the Indian Penal Code (IPC) as it mandates watching or recording a woman indulging into a private act and in a private place, the Bombay High Court held recently while quashing a FIR against a...
Bombay High Court Orders HDFC Bank To Remit ₹38.04 Lakhs To Businessman Who Lost Amount In Cyber Fraud
The Bombay High Court recently while ordering the HDFC Bank to remit a total of Rs 38.04 lakhs to a Pune-based businessman, who lost the amount in a cyber fraud, noted that no liability could be fastened on the customer as the amounts were illegally transacted through SIM swapping/cloning mode. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande refused to accept the contention of the Bank that it had sent SMS Alerts to petitioner customer - Subodh Korde, who was defrauded....
Adolescents Marrying & Engaging In Sexual Relations Leading To Birth Of Child Cannot Be Harassed: Bombay HC Quashes POCSO FIR
Two adolescents indulging in sexual relations, which results in the birth of a child, cannot be harassed by prosecuting them under the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Prevention of Child Marriage Act, the Bombay High Court held while quashing a First Information Report (FIR).Sitting at the Aurangabad bench, Justice Santosh Chapalgaonkar quashed the FIR lodged against one Rahul Surushe, booked on a complaint lodged against him by the...
No Discrimination Between Landowners Based On Purpose Of Acquisition; Rent Payable When Possession Taken Before Acquisition: Bombay HC
The Bombay High Court has held that no discrimination can be made between land owners based on the purpose for which their lands are acquired, particularly when they are deprived of possession prior to initiation of acquisition proceedings. The Court observed that the fact of deprivation of enjoyment of land is the relevant consideration and not the ultimate public purpose for which the land is utilisedA division bench of Justices Manish Pitale and Shreeram V. Shirsat was hearing a writ petition...
Erroneous Decision On Territorial Jurisdiction Still Operates As Res Judicata Between Parties If Not Set Aside: Bombay High Court
The Bombay High Court has held that an erroneous decision on the question of territorial jurisdiction operates as res judicata between the parties when the subsequent application is filed in the same proceedings and on the same cause of action. The Court observed that objections relating to territorial jurisdiction pertain to procedural aspects of jurisdiction and such orders, even if erroneous, remain binding unless set aside.Justice Rohit W. Joshi was hearing a civil revision application filed...
High Time Courts Distinguish Between 'Genuine' & 'Made Up' Cases Of Long Incarceration: Bombay High Court Denies Bail To MCOCA Accused
While noting the 'well designed' attempt on the part of an accused under Maharashtra Control of Organised Crime Act (MCOCA) 1999, to ensure the trial does not commence, the Bombay High Court recently emphasised on the need for the courts to distinguish between 'genuine' cases of 'long incarceration' and 'made up' cases, wherein the delay in a trial is attributable to an...
When Indians Can Follow Road Safety Rules Abroad Then Why Not In India? Bombay High Court In Accident Case
When Indians traveling abroad can follow the rules and regulations pertaining to traffic there, then why can't they follow the road rules here in India, the Bombay High Court recently questioned while disposing of a road accident compensation case, wherein a priest suffering from Parkinson died after being hit by a Thane Municipal Transport Corporation (TMTC) bus.Single-judge Justice...
PIL In Bombay High Court Seeks Rules Under Anti-Superstition Act After 'Godman' Ashok Kharat Case
Following the FIR against self-styled Godman Ashok Kharat accused of sexually exploiting women, a PIL has been filed in Bombay High Court, Kolhapur bench claiming 'ineffective' implementation of Maharashtra Prevention and Eradication of Human Sacrifice & other Inhuman, Evil & Aghori Practices & Black Magic Act 2013. The Act is also known as the Anti-Superstition Act.The petition...
'Ordinary Policemen Directing Content Take Down': Kunal Kamra Tells Bombay High Court In Plea Against IT Rules Amendment, SAHYOG Portal
Comedian Kunal Kamra has claimed before the Bombay High Court that the situation due Centre's Sahyog Portal, which was introduced vide 2025 amendment to the IT Rules, is such that even an ordinary policeman is ordering takedown of content which they think is "objectionable."Kamra has filed a petition challenging the constitutional validity of the SAHYOG Portal and the 2025 amendment to...