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 Bombay High Court

Bombay High Court Paves Way For Redevelopment Of Building Stalled Because Of ED Attaching A Flat; Orders Agency To Give NOC

The Bombay High Court on Wednesday (October 15) ordered the Enforcement Directorate (ED) to grant a No-Objection Certificate (NOC) to a housing society so that it could proceed with its redevelopment, which was stuck because one of the flats among the total 10 flats in the 44-year-old building was attached under the Prevention of Money Laundering Act (PMLA).A division bench of Justice...

Bombay High Court Seeks State Response On Plea Alleging Illegal Mumbai Police Detentions During Anti-CEC Protests

The Bombay High Court on Monday directed the Maharashtra State to respond to petitions alleging illegal detention of individuals by Mumbai Police during the anti-Chief Election Commissioner (CEC) protests held on October 10 and 11 at two places in the city.A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna took on record affidavits of at least seven persons...

Actor Imran Khan Moves Bombay High Court Challenging Leave India Notice For Participating In Anti-CEC Protests

Actor Imran Khan has moved the Bombay High Court challenging the "Leave India" notice issued by the Foreigners Regional Registration Officer (FRRO) asking him to leave the country by October 28.Notably, Imran, US citizen and an OCI Card holder, was last week detained by the Mumbai Police for participating in the protests staged for removal of Chief Election Commissioner Gyanesh Kumar over the...

Financial Burden On State Is No Ground To Deny Legitimate Dues To Teachers: Bombay High Court

The Bombay High Court while ordering the Maharashtra Government to grant the benefit of 'rectified' pay scale under the fifth pay commission to teachers with effect from January 1, 1996 instead of January 1, 2000, held that merely because there will be a financial burden on the State, the teachers cannot be denied their legitimate dues.A division bench of Justice Kishore Sant and Justice...

If You Want To Play For India, Accept Indian Citizenship: Bombay High Court To OCI Card Holders Challenging BCCI Rule

While hearing the petitions filed by 12 Overseas Citizen of India (OCI) card holding budding cricketers, challenging the decision of the Board of Control for Cricket in India (BCCI) which has made 'Indian Passport' mandatory for players to play in any of its tournaments, Bombay High Court earlier this week, orally said that if these young players are 'so desperate' to play for India, they...

Firecracker Ban On Roads Applies To All Festivities Year-Round Across Maharashtra: Bombay High Court Clarifies

Observing that the future generations must remain healthy and not be visiting hospitals for medical treatment, the Bombay High Court on Thursday (October 15) made it clear that its earlier order imposing a total ban on bursting of fire crackers on public streets would not be limited only to the Ganapti festival but the same would be applicable to all the religious festivals celebrated...

Bombay High Court Seeks Credentials Of Congress, PUCL, AITUC In Pleas Challenging Maharashtra Special Public Security Act

The Bombay High Court on Friday asked the Indian National Congress, the People's Union for Civil Liberties (PUCL) and the All India Trade Union Congress (AITUC) to furnish details of their registration, constitution and office-bearers before it proceeds to hear their petitions challenging the constitutional validity of the Maharashtra Special Public Security Act (MSPSA).A division...

Counterclaim Need Not Concern Same Property As Suit: Bombay High Court Restores Claim, Says Plaintiffs Exclusion Request Is Not Binding

The Bombay High Court has held that a counterclaim need not relate to the same property or cause of action involved in the plaintiff's suit, while restoring a counterclaim excluded by the trial court. The Court observed that the discretion vested in the Court under Order VIII Rule 6-C CPC is required to be exercised by the Court in a judicious manner to avoid multiplicity of proceedings...

No HC Leave Required Under Section 378(3) CrPC To Appeal Acquittal Before Sessions Court: Bombay High Court

The Bombay High Court has held that an appeal against acquittal filed before the Sessions Court under Section 378(1)(a) of the Code of Criminal Procedure, 1973, does not require leave of the High Court under Section 378(3). The Court observed that the amendment to Section 378 changed only the procedural forum for filing an appeal and did not affect the substantive right of...

Urgent Need To Enact Advocates Protection Law: Bombay High Court While Denying Pre-Arrest Bail To Man Booked For Assaulting Lawyer

While denying anticipatory bail to a man booked for assaulting and pressuring an advocate from appearing in a criminal case for a litigant, the Bombay High Court said that there is an 'urgent' need of enacting a comprehensive legislation to provide protection to Advocates. Single-judge Justice Madhav Jamdar denied anticipatory bail to one Kiran Kahandal, a resident of Nashik district, who...