Elected Member Working As 'Gram Rojgar Sevak' Not Disqualified For Holding 'Office Of Profit' Under Village Panchayats Act: Bombay High Court

The Bombay High Court has held that the post of Gram Rojgar Sevak does not constitute a “salaried office” or “office of profit” under the Maharashtra Village Panchayats Act, 1958, and therefore does not attract the disqualification of an elected member. The Court observed that an elected member of a Village Panchayat who works as Gram Rojgar Sevak while on post, cannot be disqualified u/s 14(1) (f) or (g) of the Maharashtra Village Panchayats Act 1958. Justice Ajit B. Kadethankar was hearing a...

'Clay Residue Not Sufficient To Conclude JCB Was Used For Illegal Sand Excavation': Bombay High Court Quashes ₹7.5 Lakh Penalty On Farmer

The Bombay High Court has held that the mere presence of a JCB in a farmer's field and residue of clay in its bucket is not sufficient to conclude that it was being used for illegal sand excavation. The Court observed that such assumptions by revenue authorities, without proper inquiry or evidence, reflect a casual and arbitrary exercise of power, causing undue hardship to farmers.Justice Ajit B. Kadethankar was hearing a writ petition filed by a farmer challenging multiple orders of revenue...

Bombay High Court Seeks Maharashtra Govt Response To Plea Against Scrapping Of 5% Muslim Quota In Education

The Bombay High Court on Thursday (April 2) directed the Maharashtra Government to file its response to a writ petition which has challenged the decision of the State to scrap the 5 per cent reservation in education to Muslim community.A division bench of Justice Riyaz Chagla and Justice Advait Sethna ordered the State to file its affidavit-in-reply to the petition by the end of this month...

Bombay HC Declines To Reject Petition Challenging Shiv Sena MLA's Election Over Non-Disclosure Of Material Facts In Poll Affidavit

The Bombay High Court has held that an election petition alleging non-disclosure of material information in the election affidavit cannot be rejected at the threshold if it discloses triable issues requiring adjudication. The Court observed that where specific averments indicate suppression of material facts affecting the validity of nomination, the petition must proceed to trial.Justice...

'Courts Run By Humans, Not AI': Bombay High Court Refuses Out-of-Turn Hearing For 2021 Appeal, Says 30 Yr Old Cases Pending

While refusing to expedite the hearing in a First Appeal pending since 2021, the Bombay High Court recently remarked that it is not humanly possible to dispose of First Appeals at the admission stage itself as the courts dealing with these cases are run by humans and not artificial intelligence.Justice Jitendra Jain pointed out that there are matters which are pending in the court for more...

Bombay High Court Allows Congregation With Telangana MLC Rajasinh In Nanded, Subject To Undertaking Against Hate Speech

The Bombay High Court recently quashed and set aside an order passed by Maharashtra's Nanded Police refusing permission to controversial right-wing leader T Rajasinh Thakur to participate in a congregation, on the ground that his 'inflammatory' hate speeches cause differences between the Hindu and Muslim communities. Thakur popularly known as T Raja, is presently serving as an independent...

'Don't Go Below The Belt': Bombay High Court Tells Republic TV To Tone Down Coverage Of Cases On Anil Ambani

The Bombay High Court on Monday orally told Republic TV and its editor-in-chief Arnab Goswami, to avoid using disparaging adjectives while reporting on industrialist Anil Ambani and investigations involving Reliance group of companies.Hearing Ambani's defamation suit seeking an injunction against the channel, Justice Milind Jadhav made pointed remarks against sensational tagging and...

Bombay High Court Dismisses Anita Advani's Plea To Recognise Her Relationship With Rajesh Khanna As 'Marriage'

The Bombay High Court on Wednesday dismissed a plea filed by actor Anita Advani, who sought recognition of her 'relationship' with late Bollywood Superstar Rajesh Khanna as a 'marriage.'Single-judge Justice Sharmila Deshmukh dismissed the First Appeal filed by Advani challenging a 2017 order of a Civil Court in Dindoshi, Mumbai. The Civil Court had rejected her suit on...

Can Women Above 50-Years Of Age Be Permitted To Avail Assisted Reproductive Technology Services? Bombay High Court To Decide

The Bombay High Court is set to decide whether women above 50-years of age can be held to be 'medically fit' to bear a child and give birth with the help of Assisted Reproductive Techniques (ART).A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri heard two petitions filed by women - a 55-year-old and a 53-year-old - both challenging the validity of the Section 21 (g) of...

Acquittal Of Employee In Criminal Case Does Not Automatically Entitle Him To Full Pay & Back Wages For Suspension Period: Bombay High Court

The Bombay High Court has held that the acquittal of an employee in a criminal case does not automatically entitle him to full pay and back wages for the period of suspension. The Court observed that entitlement to full salary depends on the facts and circumstances of each case and the discretion exercised by the competent authority under applicable service regulations.A division bench...

[Disabilities Act] Disabled Employee Shifted To New Cadre Cannot Claim Seniority Based On Previous Service: Bombay High Court

The Bombay High Court has held that a disabled employee who is shifted to another post or cadre under Section 47 of the Disabilities Act cannot claim seniority in the new cadre based on past service in the previous post. The Court observed that while the statute protects continuity of pay and service benefits, it does not permit disturbance of the existing seniority of employees already...

“Withdrawal With Liberty To File Afresh Doesn't Permit New Reliefs": Bombay High Court Rejects Plaint

The Bombay High Court has held that where a plaintiff withdraws a suit with liberty to file a fresh suit on the same cause of action, he cannot seek additional reliefs in the subsequent suit unless specific liberty to claim such reliefs was obtained. The Court observed that omission to claim available reliefs in the earlier suit attracts the bar under Order II Rule 2 and Order XXIII Rule 1(4)...