Collector Cannot Insist On 'NOC' From Housing Society As Precondition To Register Court-Ordered Consent Decree: Bombay High Court

The Bombay High Court has held that the Collector cannot insist on a 'No-Objection' from a co-operative housing society as a pre-condition for registration of a Consent Decree, when there is no statutory provision, rule, regulation or notification mandating such requirement. The Court observed that the Respondents' stance amounted to an obstructionist approach in the execution and implementation of a legally binding decree.A Division Bench comprising Justice Advait M. Sethna and Justice Suman...

Can't Use Courts To Recover Money: Bombay High Court Says Costs Should Be Imposed In Pleas To Quash Matrimonial, Commercial FIRs

Observing that 'courts' cannot be used as 'recovery mechanisms', the Bombay High Court recently opined that courts must impose costs in case of quashing First Information Report (FIR) on mutual consent, particularly in commercial and matrimonial disputes.Single-judge Justice Milind Jadhav explained that criminal law cannot be used as a 'bargaining chip' or a tool to settle personal scores...

'Instagram Chat With Student Cannot Be Sole Material To Deny Bail': Bombay High Court Grants Bail To Tuition Teacher In POCSO Case

The Bombay High Court has granted bail to a senior citizen running private tuition classes, who was booked under Sections 4, 8, 10 and 18 of the Protection of Children from Sexual Offences Act, 2012, observing that an Instagram chat relied upon by the prosecution could not be the sole material for denying bail. The Court noted that the chat did not explicitly describe the alleged offence or state its time, place or nature.Justice Milind N. Jadhav was hearing a bail application filed under...

Need 'Civilised' Celebrations: Bombay High Court Bans Firecrackers, Laser Lights In Religious Processions; Directs ₹1 Lakh Deposit, Prosecution

Festivals in Maharashtra would henceforth be celebrated in a more 'civilised' manner, as the Bombay High Court said on Tuesday (September 22) while imposing a total ban on use of firecrackers, laser light, loud music, any musical instrument causing noise pollution, during religious processions irrespective of religion and festivals across the State.Notably, a suo motu cognisance of the...

PMLA | Arrest Is 'Drastic Action', ED Can't Abandon S.50 Interrogation And Arrest Accused On Same Material: Bombay High Court

Observing that the power to arrest is a 'drastic action', the Bombay High Court has made it clear to the Enforcement Directorate (ED) sleuths that once they invoke powers under section 50 of the Prevention of Money Laundering Act (PMLA) to record statements, summon an individual etc, they must first satisfy the said provision and subsequently proceed to invoke powers to arrest under section...

Will Ban Firecrackers, Require Mandals To Furnish Security Deposit To Enforce Noise Limits During Religious Processions: Bombay High Court

The Bombay High Court on Tuesday (September 22) said that it will pass a detailed order completely banning the use of firecrackers generating noise beyond permissible levels and also use of cylinders, used as musical instruments by Dhol (drum) groups, during religious processions.On Monday, a division bench of Justice Girish Kulkarni & Justice Dr Neela Gokhale had taken suo motu cognisance...

Bombay High Court Takes Suo Motu Cognisance Of Noise Pollution Caused Due To Religious Processions

The Bombay High Court on Monday (September 21) took suo motu cognisance of the issue of noise pollution caused particularly during religious processions in Mumbai and other cities across Maharashtra. A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale has ordered the Maharashtra Government to spell out what steps it has taken particularly for containing Noise Pollution...

Bombay High Court Quashes Case Against Man Accused Of Threatening Cop After Mobile Video Shows ₹300 Bribe Demand

The Bombay High Court has quashed a chargesheet against a man accused of offences under Sections 353, 504 and 506 of the IPC, observing that mobile phone footage and WhatsApp conversations prima facie showed that the complainant-police constable had demanded ₹300 from him for returning his driving licence. The Court observed that a false case of criminal intimidation had thereafter been...

Benefit Under Caste Certificate Nullified By Scrutiny Committee Can't Be Withdrawn Until 30 Days After Rejection Of Appeal: Bombay High Court

The Bombay High Court has held that benefits granted on the basis of a caste certificate cannot be withdrawn until 30 days after rejection of an appeal challenging its invalidation by the Scrutiny Committee. The Court, relying on Section 10(5) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category...

'Citizens Have Right To Clean Streets': Bombay High Court Flags Inactive Civic Machinery, Calls For Action Against Public Garbage Dumping

The Bombay High Court has directed the Municipal Commissioner to fix accountability of Ward Officers and their subordinate officers for failing to prevent or clear litter, trash and unauthorised dumping of garbage on public streets and pavements. The Court also called upon the Municipal Corporation to activate a mechanism for launching prosecutions under the Bharatiya Nyaya Sanhita, the MMC...

"Family Feud" Need Not Span Generations, Dispute Between Members Of Same Generation Also Qualifies: Bombay High Court

The Bombay High Court has held that a “family feud” need not be a dispute continuing across generations and that a prior dispute between family members of the same generation can amount to a family feud. The Court observed that where the facts of a case attract different categories under the same Guidelines, the category more beneficial to the convict must be applied. A division bench...

Microscopic Examination Has No Sanctity As Analytical Test Under Prevention Of Food Adulteration Act: Bombay High Court

The Bombay High Court has held that microscopic examination is not an analytical or chemical analysis test and cannot be relied upon to establish food adulteration under the Prevention of Food Adulteration Act, 1954. The Court observed that the Act does not provide for or acknowledge microscopic examination as a test and held that the results of such examination had no sanctity.Justice Abhay...