Bombay High Court
Absence Of Vishaka-Style Formal Complaint Committee Not Enough To Vitiate Sexual Misconduct Inquiry If Procedure Was Fair: Bombay High Court
The Bombay High Court has held that mere absence of a Complaints Committee in the exact form contemplated under the Vishaka guidelines does not by itself vitiate a domestic inquiry into allegations of sexual misconduct. The Court observed that the validity of such an inquiry depends on whether a fair procedure was followed and whether any real prejudice was caused to the employee.Justice Amit Borkar was hearing a writ petition filed by GlaxoSmithKline Pharmaceuticals Limited, challenging the...
Long Incarceration Alone Not Ground For Bail Once Trial Has Commenced And Is Progressing: Bombay High Court
The Bombay High Court has held that long incarceration alone does not entitle an accused to bail where the trial has already commenced and is in progress. The Court observed that precedents granting bail on the ground of delay are distinguishable where trial had not commenced, unlike the present case.Justice Y. G. Khobragade was hearing an appeal challenging the rejection of bail by the Special Judge in a case registered for offences under Sections 302, 307 and 203 of the IPC along with...
Trade Union Cannot Invoke Recovery U/S 50 MRTU & PULP Act Without Written Authorisation From Employees: Bombay High Court
The Bombay High Court has held that a trade union cannot independently invoke Section 50 of the MRTU & PULP (Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, 1971) Act for the recovery of money without written authorisation from employees. The Court observed that the statutory scheme restricts the right of recovery to the employee or a person expressly authorised by him in writing.Justice Amit Borkar was hearing a writ petition filed by Vidyut Metallics...
Illegal Bank Account Attachment Violates Right To Property Under Article 300A; Bombay High Court Imposes ₹25K Costs On Officer
The Bombay High Court has held that continued attachment of a bank account without complying with statutory requirements violates the right to property under Article 300A of the Constitution. The Court observed that such coercive action, taken in breach of mandatory legal safeguards, results in serious civil consequences and cannot be sustained.A division bench of Justices G. S. Kulkarni and Aarti Sathe was hearing a writ petition challenging provisional attachment orders dated 23.01.2026 issued...
'Delegation Of Refund Power To Adjudicating Officer Not Contrary To Scheme Of RERA Act': Bombay High Court
The Bombay High Court has held that the delegation of the power to direct refund to an Adjudicating Officer is not contrary to the scheme of the Real Estate (Regulation and Development) Act, 2016. The Court observed that while adjudication of compensation is exclusively within the domain of the Adjudicating Officer, other powers of the Authority, including directing a refund, can be...
Metro Corporation Office Not 'Prohibited Place', Recording Office Calls Not 'Spying' Under Official Secrets Act: Bombay High Court
The Bombay High Court has said that recording a conference call between two officials of Maharashtra Metro Corporation Limited (MMCL) and then sharing the same with another official would not amount to 'spying' under Official Secrets Act (OSA) as the office of the MMCL would not amount to 'prohibited place' under the Act.The court however said that it would amount to unethical conduct by...
Bombay High Court Dismisses Election Petition Challenging MLA's Election Over Alleged EVM-VVPAT Discrepancies
The Bombay High Court has held that an election petition alleging discrepancies between EVM data and VVPAT slips is liable to be dismissed where it does not disclose material facts constituting a complete cause of action. The Court observed that mere assertions of discrepancies without pleading how such discrepancies materially affected the election result are insufficient under the...
Bye-Election Cannot Be Held If Remaining Assembly Term Falls Below One Year: Bombay HC Quashes ECI Notification For Ponda Bye-Election
The Bombay High Court has quashed the notification for the Ponda bye-election, observing that the expression “remainder of the term” under clause (a) of the proviso to Section 151-A of the Representation of the People Act must be reckoned from the date of declaration of the result of the bye-election. The Court observed that if the remaining tenure from such date is less than one year,...
Deposit ₹23.89 Cr To Restore Water Supply: Bombay HC To Sahara Star Hotel After BMC Disconnects Supply Over Reassessed Property Tax
In the ongoing dispute between the Brihanmumbai Municipal Corporation (BMC) and the Sahara Hospitality Limited, with regards to the property tax of the popular 'Sahara Star' - the five star hotel near Mumbai International Airport, the Bombay High Court recently made it clear if the hotel owners deposit Rs 23.89 crores within a period of four weeks, the water connection of the hotel would...
Departmental Proceedings, Even If Harsh Cannot Amount To Abetment Of Suicide: Bombay High Court Discharges Accused
If a departmental enquiry, even if harsh or unpleasant is initiated against an employee, the same cannot amount to 'abetting' the person's suicide, the Bombay High Court held earlier this week, while discharging four employees of an Ashram School, booked for 'conspiring' to falsely implicate a fellow teacher of the school in a case leading to his suicide.Single-judge Justice Amit Borkar...
Disciplinary Action Can Be Initiated Against RPF Personnel Based Video Clips Even If Victim Doesn't File Complaint: Bombay High Court
The Bombay High Court has held that disciplinary proceedings against a member of the Railway Protection Force can be initiated on the basis of material such as CCTV footage and a video clip, even in the absence of a formal complaint by the victim. The Court observed that non-filing of a complaint by the victim does not render the initiation of disciplinary inquiry without jurisdiction when...
Staring At Colleague's Breast May Be Misconduct, Morally Wrong But Not Voyeurism: Bombay High Court Quashes FIR
Unwanted staring at a female colleague's breast can be indecent conduct of the man or morally wrong but it cannot amount to the offence of voyeurism punishable under Section 354-C of the Indian Penal Code (IPC) as it mandates watching or recording a woman indulging into a private act and in a private place, the Bombay High Court held recently while quashing a FIR against a...