Appellate Court Can Enhance Interest Rate On Award Under Order 41 Rule 33 CPC Even Without Cross-Objection By Plaintiff: Bombay High Court

The Bombay High Court has held that a First Appellate Court is empowered under Order XLI Rule 33 of the Code of Civil Procedure, 1908, to enhance the rate of interest awarded by the trial court even in the absence of an appeal or cross-objection by the plaintiff. The Court observed that where the issue under Order 41 Rule 33 is specifically raised before the appellate court, the parties are heard, and the court consciously exercises its jurisdiction under Order XLI Rule 33, such exercise of...

Technical Shortfall In One Month's Wages Under S.33(2)(b) ID Act Can't Shield Employee Guilty Of Corruption, Forgery: Bombay High Court

The Bombay High Court has held that a technical shortfall in payment of one month's wages under the proviso to Section 33(2)(b) of the Industrial Disputes Act, 1947, cannot be used as a shield by an employee found guilty of grave misconduct such as corruption and forgery. The Court observed that the protection under Section 33(2)(b) is intended to soften the rigours of dismissal and not to create technical grounds for reinstating employees whose serious misconduct stands proved.Justice Sandeep...

'Dismissal Shockingly Disproportionate For 240 Day-Absence': Bombay High Court Awards ₹15 Lakhs Compensation

The Bombay High Court has held that dismissal from service is a shockingly disproportionate punishment for the misconduct of unauthorized absence for 240 days, particularly where the employee had rendered long years of service, and no other serious charges ultimately survived. The Court substituted the punishment of dismissal with a lump sum compensation of Rs.15 lakhs in lieu of...

Municipal Council's Financial Constraints No Ground To Deny Compensation For Land Used As DP Road: Bombay High Court

The Bombay High Court has held that the financial burden on a Municipal Council cannot be a ground to deny just compensation to a landowner whose property has been reserved and continuously used as a Development Plan (DP) Road without acquisition. The Court observed that constitutional entitlement to just compensation cannot be made contingent upon the magnitude of the financial liability...

Bombay High Court Weekly Round-Up: June 29 - July 05, 2026

Citations: [2026 LiveLaw (Bom) 300 to 2026 LiveLaw (Bom) 309]Nominal IndexSwati Raosaheb More vs State of Maharashtra, 2026 LiveLaw (Bom) 300ANG vs State of Maharashtra, 2026 LiveLaw (Bom) 301Yogesh Shantinath Ghaste vs State of Maharashtra, 2026 LiveLaw (Bom) 302SSD vs State of Maharashtra, 2026 LiveLaw (Bom) 303Kirtesh Vikas Chaudhari vs Union of India, 2026 LiveLaw (Bom) 304Saeed Ahmad...

'Impulsive Young Men Lured By Wealth, Not Professional Killers': Bombay High Court Commutes Death Penalty In Kidnap-Murder Case

The Bombay High Court recently, while commuting the death sentence of two men to 30 years jail term— for kidnapping and killing a young boy, observed that the two convicts were 'typical young men' who were 'baffled' as their plan to become wealthy did not work and so for 'immediate solution' they killed the boy.A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande...

Same-Sex Couples Can't Claim 'Spouse' Benefits Under Income Tax Act Without Legal Recognition Of Marriage: IT Dept Tells Bombay High Court

To get the benefit of 'exemption' under section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on gifts between heterosexual couple, a same sex couple must first get its union legally recognised as a 'marriage' or 'spouse' etc, the Income Tax Department recently told the Bombay High Court. The Income Tax Department has opposed a plea filed by a same sex couple, which...

"Legally Competent To Make A Choice" : Bombay High Court Aids Adult Woman Who Left Home To Avoid Forced Marriage

A 21-year-old woman, being an adult is legally competent to decide where she wishes to reside, whom she must marry etc and thus, her parents and the State cannot compel her to make a choice against her wish, the Bombay High Court held while directing the Mumbai Police not to entertain a 'missing persons' complaint about a young Muslim woman, who left her parents' home from Hyderabad to...

'Infringes Her Privacy': Bombay High Court Directs Take Down Of AI-Generated Visuals, Deepfakes & Morphed Pictures Of Actor Preity Zinta

The Bombay High Court in an interim order on Wednesday (July 8) directed taken down of objectionable content including deepfake images, AI and superimposed visuals and morphed pictures of actor Priety Zinta. Single-judge Justice Madhav Jamdar in his order, held that the material highlighted by Zinta indeed prejudiced her public image. "There is substance in the contentions raised by the...

Bombay High Court Refuses Claim Over Tribal Land, Says Notarised 99-Year Lease Agreement Has No Evidentiary Value

The Bombay High Court has exercised its powers under Article 226 of the Constitution to dismiss a revision application pending before the Revenue Minister, observing that such a course was necessary to subserve the ends of justice and curtail further litigation. The Court upheld the order of the Additional Divisional Commissioner refusing to recognise the petitioners' claim over tribal...

Bhima Koregaon Case: Accused Mahesh Raut Moves Bombay High Court Seeking Permission To Travel To Kerala For Treatment

One of the accused in the Bhima Koregaon-Elgar Parishad case, Mahesh Raut has moved a plea before the Bombay High Court seeking permission to travel to Kerala for Ayurvedic treatment after a special NIA court turned down his plea for the same in January this year. Raut has challenged the January 21, 2026 order of a special NIA court in the city, which had rejected his plea to travel...

'People Robbed Their Own Motherland': Bombay High Court Says Citizens Equally Responsible For Mumbai's Waterlogging, Can't Blame BMC

With the Brihanmumbai Municipal Corporation (BMC) facing flak on social media platforms for the waterlogged roads in Mumbai and its nearby cities due to the relentless rains, the Bombay High Court on Tuesday said the city was 'destined' to witness rainwater on the roads as people 'robbed their own motherland' by encroaching lands and clogging the drainage systems.A division bench of Acting...