Bombay High Court
Bombay High Court Appoints Retired Justices Amjad Sayed, Anuja Prabhudesai To Monitor Mumbai Air Pollution
Observing that despite clear orders the Brihanmumbai Municipal Corporation (BMC) and also the Maharashtra Pollution Control Board (MPCB) have failed to contain the rising levels of air pollution in Mumbai, the Bombay High Court recently constituted a High Power committee (HPC) comprising retired Justice Amjad Sayed and retired Justice Anuja Prabhudesai.While Justice Sayed is the former Chief Justice of Himachal Pradesh High Court, Justice Prabhudesai is a former judge of the Bombay...
Solitary Incident Of Assaulting Child Is Not 'Child Abuse' Under Goa Children's Act: Bombay High Court
The Bombay High Court on Tuesday (February 3), while acquitting two women convicted for hitting their relative's child with an iron rod on his head leading to bleeding injury, held that mere solitary instance of an assault on a child cannot amount to the offence of 'child abuse' under the Goa Children's Act, 2003 Sitting at the Goa bench, single-judge Justice Sreeram Shirsat dealt with the...
Bombay High Court Indicates Disinclination To Grant Emergency Parole To Abu Salem After He Refuses To Pay For Police Escort
The Bombay High Court on Tuesday said it was not inclined to permit underworld gangster Abu Salem to visit his native place in Azamgarh, Uttar Pradesh, to mourn the death of his brother Abu Hakim Ansari, by availing emergency parole for four days, since the 1993 Mumbai Bomb Blasts convict has claimed that he cannot pay ₹17.60 lakh towards police escort party charges. A division bench of...
Court's Pendency Can't Justify Delay In Filing Review: Bombay High Court Declines To Condone 645-Day Delay
In an interesting ruling, the Bombay High Court on Monday (February 2) held that a court taking two decades to decide a matter cannot be a ground for a party to challenge the court's order after a delay of nearly two years. Single-judge Justice Jitendra Jain therefore, refused to condone a delay of 645 days as prayed by one Vinodkumar Chetram Ganeriwala, who sought to review an order passed in...
Insurance Companies Must Show High Level Of Professionalism & Diligence While Vetting Application For Porting Policy: Bombay High Court
Insurance companies when accepting porting of a policy must show highest level of professionalism and due diligence in vetting the customer's previous insurance claim history and then take an 'informed' decision, the Bombay High Court ruled recently. Single-judge Justice Somasekhar Sundaresan said that the insurance companies when dealing with an application by a customer to port his or...
Deposit ₹3.60 Crores In Court: Bombay High Court Tells Maha Govt Over Non-Payment Of Compensation To Victims Of Human Rights Violations
The Bombay High Court last week ordered the Maharashtra Government to deposit an amount of Rs 3.60 crores with the Court towards the non-payment of compensation to victims of human right violations, as ordered by the Maharashtra State Human Rights Commission (MSHRC).A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad ordered the State to deposit the amount with...
NDPS Act | Search By Gazetted Officer Who Is A Member Of Raiding Party Doesn't Satisfy Section 50: Bombay High Court Acquits Kenyan Man
When a person, while being searched, is informed that he will be searched in the presence of a 'Gazetted' Officer, who is also member of the raiding party, then the same would not amount to 'compliance' to the mandatory provision of section 50 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, held the Goa Bench of the Bombay High Court while acquitting a Kenyan Nation, who...
Caste Of Adopted Child Will Be Same As That Of Adoptive Parents: Bombay High Court
The caste of an adopted child would be the same as that of his or her adoptive parents, held the Bombay High Court on January 29, while quashing the order passed by the Deputy Collector, Pune who cancelled the caste certificate issued to an adopted child.A division bench of Justice Makarand Karnik and Justice Shriram Modak was dealing with a plea filed by a woman, who adopted a male child...
Powers Of Charity Commissioner Are For 'Supervision', Not 'Moral Correction': Bombay High Court Quashes Order Asking School To Issue Public Apology
Observing that the powers of a Charity Commissioner under section 41A of the Maharashtra Public Trusts Act are for 'supervision' and not for 'moral correction', the Bombay High Court on Thursday (January 29) quashed an order directing a Nashik-based School to issue public apology in two widely circulated newspapers there, after parents accused the School of 'cheating' them by misrepresenting...
Frontline Health Worker Entitled To PM Garib Kalyan Package Compensation Even If Posted At Non-Notified Hospital: Bombay High Court
Merely because a hospital is not categorised or enlisted as one to be 'requisitioned' for Covid-19 treatment, is not ground to deny compensation to a health worker, who died of Covid19 virus while on duty, held the Kolhapur Circuit Bench of the Bombay High Court recently, while ordering the authorities to pay the compensation to the husband of a nurse under the `Pradhan Mantri Garib...
Hypertension, Diabetes Can't Be Branded As 'Lifestyle Diseases' To Deny Disability Pension To Armed Force Personnel: Bombay High Court
Observing that a pension is not a bounty payable on the sweet-will and pleasure of the government, the Bombay High Court recently upheld the judgment of the Armed Forces Tribunal (AFT) Mumbai, which granted 'disability' pension to Army and Navy personnel for sustaining diseases like Diabetes, Spondylitis, Hypertension etc on the ground that these 'disabilities' were attributable to their...
'Romantic' Messages To Student Ground To Terminate Probationary Teacher Without Enquiry: Bombay High Court
If a teacher on probation engages in constant messaging with a student after school hours, which could amount to harassment, then in such a situation, the school management can terminate the teacher's service invoking provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, without conducting any enquiry etc, the Bombay High Court held...