Bombay High Court
'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 delegated under Section 81 of the Act.Justice Somasekhar Sundaresan was hearing a writ petition filed by Marvel...
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 the employee. Single-judge Justice Urmila Joshi-Phalke, sitting at the Nagpur seat, partly quashed an...
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 statutory framework.Justice Sharmila U. Deshmukh was hearing an application filed by the returned candidate under...
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, the statutory bar operates and a bye-election cannot be held.A division bench of Justices Valmiki Menezes and...
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 be restored. A division bench of Chief Justice Shree Chandrashekar and Justice Aarti Sathe also stayed...
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...
Bombay High Court Orders HDFC Bank To Remit ₹38.04 Lakhs To Businessman Who Lost Amount In Cyber Fraud
The Bombay High Court recently while ordering the HDFC Bank to remit a total of Rs 38.04 lakhs to a Pune-based businessman, who lost the amount in a cyber fraud, noted that no liability could be fastened on the customer as the amounts were illegally transacted through SIM swapping/cloning mode. A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande refused to accept...
Adolescents Marrying & Engaging In Sexual Relations Leading To Birth Of Child Cannot Be Harassed: Bombay HC Quashes POCSO FIR
Two adolescents indulging in sexual relations, which results in the birth of a child, cannot be harassed by prosecuting them under the stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Prevention of Child Marriage Act, the Bombay High Court held while quashing a First Information Report (FIR).Sitting at the Aurangabad bench, Justice Santosh...
No Discrimination Between Landowners Based On Purpose Of Acquisition; Rent Payable When Possession Taken Before Acquisition: Bombay HC
The Bombay High Court has held that no discrimination can be made between land owners based on the purpose for which their lands are acquired, particularly when they are deprived of possession prior to initiation of acquisition proceedings. The Court observed that the fact of deprivation of enjoyment of land is the relevant consideration and not the ultimate public purpose for which the land...
Erroneous Decision On Territorial Jurisdiction Still Operates As Res Judicata Between Parties If Not Set Aside: Bombay High Court
The Bombay High Court has held that an erroneous decision on the question of territorial jurisdiction operates as res judicata between the parties when the subsequent application is filed in the same proceedings and on the same cause of action. The Court observed that objections relating to territorial jurisdiction pertain to procedural aspects of jurisdiction and such orders, even if...