Bombay High Court
Taxpayers Can't Be Made To Bear Losses Caused By Illegal Project Cancellations; Erring Officials Must Pay Damages Personally: Bombay High Court
The Bombay High Court recently while issuing notice to the Maharashtra Government and also the Brihanmumbai Municipal Corporation (BMC) in a plea challenging the 'sudden' stoppage of a multi-storey parking project near the city's famous Mumba Devi Temple, observed that time has come for making government servants pay damages to the construction companies from their own salaries and not from...
Bombay High Court Weekly Round-Up: July 13 to July 19, 2026
Citations: [2026 LiveLaw (Bom) 323 to 2026 LiveLaw (Bom) 334]Nominal IndexShreesh Kumar vs Bramha Suncity Co-operative Housing Society Ltd., 2026 LiveLaw (Bom) 323Gurbir Singh vs Samar Mohammed Khadas, 2026 LiveLaw (Bom) 324M/s. Real Gem Buildtech Pvt. Ltd. vs M/s. East Tradvest Pvt. Ltd., 2026 LiveLaw (Bom) 325Arkade Developers Ltd. vs Municipal Corporation of Greater Mumbai, 2026 LiveLaw...
Hearing Accused At Pre-Cognizance Stage Mandatory Under BNSS For Offences Under SEBI Act: Bombay High Court
The Bombay High Court has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating an opportunity of hearing to the accused before taking cognizance of a complaint applies to prosecutions under the Securities and Exchange Board of India Act, 1992. The Court observed that the Special Court could not take cognizance of an offence under the SEBI...
Doctors Assault Case: Bombay High Court Cancels Shinde Sena Corporator Ramesh Mhatre's Bail; Urges Doctors To Withdraw Strike Call
The Bombay High Court in a special sitting on Saturday, cancelled the bail granted to Ramesh Mhatre, the sitting corporator from Shiv Sena (Eknath Shinde), booked for assaulting three doctors of civic-run hospital.The high court today took suo motu cognisance of an order passed by a Magistrate court in Kalyan granting bail to Mhatre. Notably, doctors across Maharashtra had announced that...
Maharashtra Govt Seeking To Shield 'Big Mandals' Through PoP Idols Immersion Policy: PIL Petitioner Tells Bombay High Court
The Bombay High Court was on Friday (July 17) told that the Maharashtra Government was trying to protect 'big mandals' by pressing for allowing immersion of Ganesh idols made of Plaster of Paris (PoP) above the height of six feet, in natural water bodies. A division bench of Justice Ajay Gadkari and Justice Kamal Khata has been hearing final arguments in the Public Interest Litigation (PIL)...
Civil Court Can Examine Territorial Jurisdiction Afresh Even If High Court Granted Leave Before Suit Transfer: Bombay High Court
The Bombay High Court has held that the grant of leave under Clause XII of the Letters Patent by the High Court before transfer of a suit does not prevent the Bombay City Civil Court from examining the issue of territorial jurisdiction afresh after the suit is transferred on account of enhancement of its pecuniary jurisdiction. The Court observed that, by virtue of Section 4A(2) of the...
Filing Vakalatnama Is Not Waiver Of Service Of Summons; Limitation To File Written Statement Starts After Proper Service: Bombay High Court
The Bombay High Court has held that the mere filing of a Vakalatnama or an affidavit-in-reply to an interim application does not, by itself, amount to a waiver of service of writ of summons or trigger the limitation prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 for filing a written statement. The Court observed that the period for filing the written statement...
Possessory Suit U/S 6 Specific Relief Act Maintainable In Civil Court Even If Parties Have Licensor-Licensee Relationship: Bombay High Court
The Bombay High Court has held that a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession after alleged dispossession otherwise than in due course of law is maintainable before the Civil Court even if the parties stand in the relationship of licensor and licensee. The Court held that the existence of a licensor-licensee relationship does not by itself...
