Bombay High Court
'Long-Standing Contractors Cannot Claim Exclusive Right To Continue On Account Of Potential Loss Of Livelihood': Bombay High Court
The Bombay High Court has held that long-standing contractors cannot claim an exclusive or perpetual right to continue merely on the ground that their livelihood depends on the activity. The Court observed that ensuring a fair and transparent tender process providing equal opportunity to all similarly placed persons cannot be curtailed to preserve existing contractors' interests.A division...
Customs Cannot Ignore FSSAI's Clearance & Re-Test Goods Without Justification: Bombay High Court Orders Release Of Seized Imports
The Bombay High Court has held that customs authorities cannot disregard clearance granted by the Food Safety and Standards Authority of India (FSSAI) and subject imported goods to re-testing without any cogent justification. The Court observed that once a competent statutory authority like FSSAI certifies goods as compliant and fit for human consumption, questioning such certification...
Bombay High Court Lets Outgoing Sarpanchs To Continue As Administrators For Now, But Restrains Them From Taking Policy Decisions
While hearing petitions challenging the Maharashtra Government's decision to appoint outgoing Sarpanchs of over 14,500 Gram Panchayats as Administrators of their respective Gram Panchayats, the Bombay High Court recently restrained such Administrators from taking any major decisions particularly with respect to expenditures or policies etc, till further orders.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri did not stay the operation of the Government Resolution (GR)...
'Will Cooperate With Police': YouTuber Dr Sangram Patil Booked Over FB Post On PM Modi Assures Bombay High Court
The Bombay High Court on Monday permitted UK-based Doctor and YouTuber Dr Sangram Patil to file an affidavit assuring that even if he is allowed to return to United Kingdom, he will continue co-operating with the ongoing investigations against him for his allegedly defamatory social media post against Prime Minister Narendra Modi and other BJP leaders. Single-judge Justice Ashwin Bhobe allowed Patil to file an affidavit to this effect and ordered the Mumbai Police to consider the request as...
Verify If Bangladeshi Immigrants Hawking On Mumbai Streets, Take Action As Per Law: Bombay High Court To BMC, Police
The Bombay High Court on Monday (March 23) ordered the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Police to conduct a 'thorough' verification of the identity of all the hawkers on the streets of the city and check if there are any 'Bangladeshis' or other 'immigrants' involved in hawking activities, and if found, the authorities have been ordered to take 'appropriate' action...
Bombay High Court Orders Probe Into 'Shocking' Failed MTP Case After Newborn Allegedly Starved To Death In Hospital
The Bombay High Court was recently 'aghast' to note a 'shocking' incident wherein a Medical Termination of Pregnancy (MTP) on a minor rape victim failed, resulting in the birth of a baby girl of nearly 26 weeks, who was 'starved to death' by the doctors at the District Civil Hospital in Maharashtra's Satara.Sitting at the Kolhapur seat, a division bench of Justice Madhav Jamdar and Justice...
No Direct Link Between Academic Marks & Earning Capacity: Bombay High Court Enhances Accident Compensation For Deceased Student's Family
Just because a student scores average or below average marks does not mean s/he would not be able to earn well after becoming a professional and thus there cannot be any justification to claim any 'direct connection' between the marks obtained and the potential to earn in future, held the Bombay High Court recently while enhancing compensation in a Motor Vehicle Accident matter....
S. 24 Specific Relief Act Does Not Bar Fresh Suit For Refund Of Earnest Money After Dismissal Of Specific Performance Suit: Bombay High Court
The Bombay High Court has held that Section 24 of the Specific Relief Act, 1963, does not bar a plaintiff from filing a fresh suit for refund of earnest money even after dismissal of a suit for specific performance. The Court observed that while Section 24 bars claims for compensation in certain circumstances, it does not extinguish the right to seek other reliefs such as a refund of...
Railway Claims Tribunal Cannot Infer Death Due To Trespass Solely From Nature Of Injuries: Bombay High Court Allows Compensation
The Bombay High Court has held that the Railway Claims Tribunal is not an expert body competent to conclude that death occurred due to trespass merely on the basis of the nature of injuries sustained by the deceased. The Court observed that in the absence of cogent evidence or expert testimony, such findings are unsustainable and cannot be used to deny compensation under the Railways...
Authorities Cannot Rely On 8-Year-Old Notice To Recover Provident Fund Dues Or Freeze Bank Accounts: Bombay High Court
The Bombay High Court has held that authorities cannot freeze bank accounts or recover provident fund dues without issuing a fresh notice and providing an opportunity of hearing to the affected party. The Court observed that reliance on a stale notice issued several years earlier violates principles of natural justice and renders the recovery action unsustainable.Justice Prafulla S. Khubalkar...
Bombay High Court Upholds Closure Of Hotel Over Alleged Prostitution, Says Prior Conviction Not Needed Under Immoral Trafficking Act
The Bombay High Court has held that an order directing closure or eviction of premises under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956, does not require a prior conviction of the owner, occupier or lessor. The Court observed that Section 18(1) is a preventive provision enabling action based on material indicating use of premises as a brothel, whereas the requirement...
Gram Panchayat Employees Absorbed In Municipal Corporation Entitled To Equal Pay For Equal Work: Bombay High Court
The Bombay High Court has held that employees absorbed from Gram Panchayats into a Municipal Corporation are entitled to parity in pay with regular employees if they perform identical duties. The Court observed that denial of equal pay for equal work in such circumstances amounts to discrimination and violates Articles 14 and 16 of the Constitution.A division bench of Justices G. S. Kulkarni...