Bombay High Court
Bombay High Court Grants Interim Protection From Arrest To Ex-TISS Student Booked For Raising Slogans To Release Sharjeel Imam, Umar Khalid
The Bombay High Court on Friday (August 14) granted interim protection from arrest to Kamakhya Prasad Das, a former TISS student, who was booked for raising slogans "to free Umar Khalid & Sharjeel Imam."Justice Prafulla Khubalkar agreed to hear Das' plea seeking anticipatory bail on August 31 and granted him interim protection from arrest in the meantime. Notably, a Mumbai Court had last week denied anticipatory bail to Das and another student - Abhirup Paul, both of whom were...
Growing Stray Dog Population Root Of Problem, Aggressively Implement Sterilisation Programme: Bombay High Court To Maharashtra
The Bombay High Court on Friday (August 14) observed that the major problem with the stray dogs menace is the increasing population of stray dogs and therefore, ordered the Maharashtra Government to aggressively implement the 'sterilisation' program as mandated under the Animal Birth Control (ABC) Rules of 2023. A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam...
Bombay High Court Orders Immediate Discharge Of LPG Cargo From Arrested Vessel At Jaigarh Port Citing Risk Of Fire, Explosion
The Bombay High Court has issued urgent directions for immediate discharge of LPG from the arrested vessel LPG Amir Gas at Jaigarh Port, in view of the risk of fire or explosion and the “catastrophic consequences” that a large-scale release of LPG could result in. The Court further directed the concerned disaster management authorities and the Director General of Shipping to extend full cooperation and assistance for safe discharge of the cargo and to plan for its discharge in case the security...
Agreement Where Developer Retains Share In Property Is Not Pure Construction Contract; Specific Performance Not Barred: Bombay High Court
The Bombay High Court has held that a development agreement under which the developer is to develop the entire plot, hand over 50% of the area to the owner and retain the balance 50% cannot be construed as a pure construction contract for applying Section 14(3)(c) of the Specific Relief Act. The Court observed that when there was no clause in the agreement requiring satisfaction of the plaintiff's credentials as a developer, the plaintiff was not required to prove the same.Justice Sharmila U....
Bombay High Court Directs BMC To Mandatorily Mention Appeal Remedy In Disciplinary Orders
The Bombay High Court has directed the Municipal Corporation to specifically mention the remedy of appeal, along with the relevant provision under the Rules, in every disciplinary order passed against its employees. The Court observed that the 2015 Rules provide a mechanism of appeal against an order imposing the penalty of termination or removal from service, and the State Government cannot be treated as the Appellate Authority under Section 520B of the Mumbai Municipal Corporation Act. A...
Replacing Pages In Notarised Pleadings Is Tampering: Bombay High Court Imposes ₹50K Cost On Party, Lawyer & Notary For "Shocking" Conduct
The Bombay High Court has held that once a document is notarised, neither the Notary nor any party is permitted to replace any page, and that replacing any page amounts to tampering with the original pleadings served upon the defendants. The Court observed that no party can be permitted to tamper with pleadings and documents in such a manner and described the conduct of the plaintiff, advocate...
“Can Understand The Exigency”: Bombay High Court Quashes FIR Over Fake Covid Negative Reports Made During Lockdown, Imposes Costs
The Bombay High Court recently quashed a First Information Report (FIR) lodged against three members of a housing society, who had forged a false RT-PCR Covid19 'negative' report for themselves, to ease and evade security protocols of their society. Single-judge Justice Milind Jadhav while quashing the FIR against Shivaji Kamble, Prathamesh Parab and Vikrant Tambe, observed that the trio...
'Recurring Issue': Bombay High Court Questions Whether FSSAI Or Customs Should Draw Samples For Testing Imported Food
The Bombay High Court has observed that the issue of whether samples of imported food items should be drawn by authorised officers appointed by the Food Safety and Standards Authority of India (FSSAI) or by Customs Officers and sent to the Central Revenues Control Laboratory (CRCL) is a recurring one. The Court, therefore, directed the Revenue Authority to file its stand on the issue. A...
Bombay High Court Pulls Up CIDCO For 'Obstinate Approach' To Avoid Land Acquisition Compensation Payment
The Bombay High Court has expressed its displeasure at the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) for attempting to avoid payment of compensation to the petitioners. The Court treated the assurance of payment given by the CIDCO as an undertaking given to the Court and directed the State authorities to disburse the amount to the petitioners.A Division Bench...
'Challenge To Decree As Nullity Due To Abatement Must Be Raised Before Executing Court U/S 47 CPC, Not By Separate Suit': Bombay High Court
The Bombay High Court has held that an objection to the execution of a decree on the ground that it is a nullity by reason of abatement of the suit has to be adjudicated by the executing Court under Section 47 of the CPC and cannot be raised by way of a separate suit. The Court observed that Section 47 and Order XXI Rules 97 and 101 vest the powers in executing court to decide the question...
RTE Reimbursement Delays: Bombay High Court Directs Maharashtra Govt To Review Mechanism, Prescribe Timelines
The Bombay High Court has directed the Maharashtra Government to undertake a comprehensive review of the existing reimbursement mechanism under the Right of Children to Free and Compulsory Education Act, 2009. The Court suggested examination of the issues of prescription of definite timelines at every stage of processing reimbursement proposals and the adequacy of a monitoring mechanism...