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 Bombay High Court

S.125 CrPC | Bombay High Court

The Bombay High Court has granted bail to a woman accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that the search and seizure of contraband from her was prima facie vitiated because the search was conducted in the presence and gaze of male police personnel and a male panch witness. The Court observed that Section 50(4) of the NDPS Act requires a female accused to be searched in seclusion and to the exclusion of males, and that merely having a female police...

Bombay High Court Threatens Contempt Action Against Goa Civic Officials Over Failure To Submit Stray Dog, Cattle Data

The Bombay High Court has warned that it may initiate contempt proceedings against Panchayat Secretaries, Chief Officers of Municipal Councils and the Commissioner of the Corporation of the City of Panaji (CCP) for failing to comply with directions on collecting data about stray dogs, pet dogs and stray cattle, and setting up temporary animal shelters. The Court reiterated that the officials must comply with its directions and file the required reports.A division bench of Justice Valmiki Menezes...

Asking Daughter-In-Law To Do Household Chores Like Washing Clothes, Utensils Is Not Cruelty U/S 498A IPC: Bombay High Court

In-laws asking daughter-in-law to do household chores like washing clothes and utensils would not amount to cruelty under section 498-A of the Indian Penal Code (IPC) and they cannot be prosecuted on this allegation, held the Bombay High Court while quashing FIR against six members of a family. Sitting at the Kolhapur seat, single-judge Justice Abhay Mantri noted the allegation made by...

Wont Permit This: Bombay High Court On Alleged Illegal Detentions During Mumbai CEC Protests

The Bombay High Court on Tuesday, while hearing a PIL alleging that Mumbai Police detained protesters and passers-by during anti-CEC protests held in the city on October 10 and 11, orally said that it would not permit illegal detentions. A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a PIL filed by Sagar Kantilal Devre, alleging that around...

After Bombay High Court Orders Release Of CJP Members, Goa Police Justifies Detention Citing Past Violations, Patronising Umar Khalid

A day after the Bombay High Court in a special and urgent Sunday sitting ordered the release of seven Cockroach Janta Party (CJP) members for staging protest in Panaji, the Goa Police on Monday (October 12) through an affidavit justified its move to detain the CJP members citing the 'past history' of the said outfit, wherein it was found to be 'patronising' Umar Khalid.The Goa Police...

Bombay High Court Advocates Stage Symbolic Protest To Protect Constitution, Read Out Preamble

More than 50 advocates practising at the Bombay High Court on Monday (October 12) evening staged a symbolic protest opposite the High Court building at the iconic Flora Fountain site. The advocates, mostly young girls, gathered at the site, with an aim to read the Preamble of the Constitution and also to sing the National Anthem at the site. However, amid the heavy police bandobast outside...

Bombay High Court Denies Relief To Woman Seeking Abortion On Ground That Her Husband Concealed Previous Marriage

The Bombay High Court recently denied permission to terminate the pregnancy of a 33-year-old married woman, who sought the leave on the ground that her husband had concealed his earlier marriage from her. A division bench of Justice Bharati Dangre and Justice Ashish Chavan noted that the provisions of the Medical Termination of Pregnancy (MTP) Act does not allow a woman to terminate pregnancy...

Bombay High Court Directs Maharashtra DGP To Review Arrest Protocols; Ensure Compliance With SC Directions

The Bombay High Court has directed the Maharashtra Director General of Police to review existing arrest instructions and forms and issue corrective instructions to ensure that the binding directions of the Supreme Court are complied with. The Court observed that merely mentioning the crime number and penal provisions, or recording that the accused was informed of the grounds, does not...

Light Pollution: Bombay High Court Directs Maharashtra To Effectively Implement 1998 Order Banning Neon Lights After 11 PM

The Bombay High Court has ordered the Maharashtra Government to ensure that an order passed way back in February 1998, which banned use of neon lights across Mumbai and neighbouring cities is implemented effectively this year, especially during the festive season to avoid causing light pollution. The Court was hearing a petition seeking declaration of 'dark sky friendly' areas across the...

Section 482(4) BNSS Bar On Pre-Arrest Bail Is Not Absolute; Court Can Examine If Prima Facie Ingredients Are Disclosed: Bombay High Court

The Bombay High Court had held that the bar on anticipatory bail under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in cases involving offences under Sections 65 or 70(2) of the Bharatiya Nyaya Sanhita (BNS) is not absolute. The Court observed that the application can be examined to determine whether the ingredients of the alleged offence are prima facie made out; if they...

Use Of Threatening & Abusive Language Not Bona Fide Mistake: Bombay High Court Holds Advocates In Contempt

The Bombay High Court has held two advocates guilty of contempt of Court for threatening a Judicial Officer in open court and attempting to pressurise him while he was conducting proceedings. The Court emphasized the need to maintain dignity, and imposed a fine of ₹2,000 each and costs of ₹50,000 on the advocates concerned, besides referring the matter to the Disciplinary Committee of the...