Bombay High Court Takes Suo Motu Cognisance Of Noise Pollution Caused Due To Religious Processions

The Bombay High Court on Monday (September 21) took suo motu cognisance of the issue of noise pollution caused particularly during religious processions in Mumbai and other cities across Maharashtra. A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale has ordered the Maharashtra Government to spell out what steps it has taken particularly for containing Noise Pollution caused due to DJs during the religious processions. The bench noted that during the ongoing Ganesh...

Bombay High Court Quashes Case Against Man Accused Of Threatening Cop After Mobile Video Shows ₹300 Bribe Demand

The Bombay High Court has quashed a chargesheet against a man accused of offences under Sections 353, 504 and 506 of the IPC, observing that mobile phone footage and WhatsApp conversations prima facie showed that the complainant-police constable had demanded ₹300 from him for returning his driving licence. The Court observed that a false case of criminal intimidation had thereafter been foisted on the accused, and found the prosecution story “completely unbelievable” and “false and...

Benefit Under Caste Certificate Nullified By Scrutiny Committee Can't Be Withdrawn Until 30 Days After Rejection Of Appeal: Bombay High Court

The Bombay High Court has held that benefits granted on the basis of a caste certificate cannot be withdrawn until 30 days after rejection of an appeal challenging its invalidation by the Scrutiny Committee. The Court, relying on Section 10(5) of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000, directed that the benefits granted to...

'Citizens Have Right To Clean Streets': Bombay High Court Flags Inactive Civic Machinery, Calls For Action Against Public Garbage Dumping

The Bombay High Court has directed the Municipal Commissioner to fix accountability of Ward Officers and their subordinate officers for failing to prevent or clear litter, trash and unauthorised dumping of garbage on public streets and pavements. The Court also called upon the Municipal Corporation to activate a mechanism for launching prosecutions under the Bharatiya Nyaya Sanhita, the MMC Act and environmental laws against persons involved in illegal dumping.A division bench of Justice G.S....

"Family Feud" Need Not Span Generations, Dispute Between Members Of Same Generation Also Qualifies: Bombay High Court

The Bombay High Court has held that a “family feud” need not be a dispute continuing across generations and that a prior dispute between family members of the same generation can amount to a family feud. The Court observed that where the facts of a case attract different categories under the same Guidelines, the category more beneficial to the convict must be applied. A division bench...

Microscopic Examination Has No Sanctity As Analytical Test Under Prevention Of Food Adulteration Act: Bombay High Court

The Bombay High Court has held that microscopic examination is not an analytical or chemical analysis test and cannot be relied upon to establish food adulteration under the Prevention of Food Adulteration Act, 1954. The Court observed that the Act does not provide for or acknowledge microscopic examination as a test and held that the results of such examination had no sanctity.Justice Abhay...

Advocate Merely Allowed Office For Meeting, Did Not Play Major Role In Alleged Forex Fraud: Bombay High Court Grants Protection

The Bombay High Court has granted protection from arrest to a woman advocate accused in a forex fraud case, observing that the only allegation against her was that she had allowed her office to be used for a meeting by the other accused persons. The Court noted that there was no material to show that she was aware of the nature of the meeting and neither had she played any major role in...

CWC Has No Jurisdiction Over Child Who Is Not 'Orphan' Or 'Abandoned' Even If Adoption Procedure Was Not Followed: Bombay High Court

The Bombay High Court has held that the Child Welfare Committee (CWC) does not have the power to deal with a child who is neither an orphan nor abandoned. The Court observed that though due procedure was not followed in the adoption of the child, the CWC's order was not justified, and granted custody of the child back to the adoptive parents.A division bench of Justice Urmila Joshi-Phalke...

Ganesh Festival: PIL Filed In Bombay High Court Alleging Non-Implementation Of 2016 Noise Pollution Directions

A Public Interest Litigation (PIL) has been filed in the Bombay High Court which highlights the 'friction' between religious mandals and civil groups over the noise pollution caused by DJs, loudspeakers, dhol, etc. during the ongoing Ganesh Chaturthi festival, particularly in Pune district and seeks strict compliance with a 2016 judgment of the Court by which the State was mandatorily ordered...

Doctor Cannot Defy Court Order To Vacate Secured Property By Citing Patients' Treatment Needs: Bombay High Court

The Bombay High Court has held that doctors cannot claim exemption from complying with a Court order requiring them to vacate a secured property on the ground that patients required treatment. The Court observed that admitting patients in the hospital in defiance of its specific directions amounted to aggravated contempt.A division bench of Justice Shreeram V. Shirsat and Justice Manish...

Government Land With Open Access Cannot Be Taken Over For Exclusive Use By Permittee: Bombay High Court

The Bombay High Court has held that Government land over which access has been permitted to a person cannot be taken for his exclusive use merely because he has constructed a road or gate on it. The Court held that the access must remain open to the petitioner as well as others, while observing that the petitioner's access itself cannot be stopped without issuing proper notice.Justice Arun...

Maratha Quota Challenge: Bombay High Court Constitutes New 3-Judge Bench, Fresh Hearing To Begin On October 9

A new three judge bench of the Bombay High Court will commence hearing afresh petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10% to the Maratha Community in education and public service in the State.The new full-bench will now be headed by Justice Makarand Karnik along with...