Drivers Move Bombay High Court Against Maharashtra Making Marathi Language Compulsory For Autorickshaw, Cab Permits

Days after the Maharashtra Government commenced 'strict' implementation of its decision making 'working knowledge of Marathi language' compulsory for all autorickshaw, taxi and app-based cab drivers, a Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the very decision arguing that 'citizens of India' who come to Maharashtra for earning their bread are being treated as 'outsiders.'The PIL has been filed by four Uber cab drivers, who seek quashing of the August...

High Court Orders Re-Inspection Of 5 Suspended Eateries At Mumbai Cricket Association; Allows Tea & Coffee During Tournaments Till Then

The Bombay High Court on Tuesday (August 25) ordered the Maharashtra Food & Drugs Administration (FDA) to re-inspect the five eateries operating in the premises of Mumbai Cricket Association (MCA) and submit its report on whether their suspended licences could be revoked. In its recent surprise inspections, the FDA had suspended the FSSAI licenses of Permit Room, Oriental Swing, Clubway...

Interest U/S 28 Of Land Acquisition Act Must Be Calculated On Enhanced Principal; Compounding Interest Impermissible: Bombay High Court

The Bombay High Court has held that interest under Section 28 of the Land Acquisition Act, 1894 is required to be calculated only on the enhanced amount of compensation and that unpaid interest cannot be added to the enhanced compensation for calculating further interestJustice Rohit W. Joshi was hearing a writ petition filed by the Maharashtra Industrial Development Corporation (MIDC) challenging orders passed by the Executing Court in proceedings concerning payment of enhanced compensation to...

Public Authority Not Obliged To Collect Information From Private Body To Furnish To An Applicant: Bombay High Court

The Bombay High Court has held that a public authority is not under an obligation under the RTI Act to obtain information from a private body to satisfy an applicant seeking information. The Court further held that while the public authority is required to furnish the information held by it at the point in time when the request is made, the RTI Act does not cast an obligation to collect or collate information not available with it and then to furnish the same. A Division Bench comprising Justice...

Land De-Reserved By Operation Of Law Cannot Be Re-Reserved In A Subsequent Development Plan: Bombay High Court

The Bombay High Court has held that land which is dereserved from a revised Development Plan by operation of law cannot be reserved again in a subsequent Development Plan with some variation in purpose. A Division Bench comprising Justice Ranjitsinha Raja Bhonsale and Justice M.S. Karnik was hearing a petition under Article 226 of the Constitution and Section 127 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act), seeking a declaration that the reservation for public amenities upon...

Suffer For Sometime Like You Made Customers Suffer By Serving 'Analogue Paneer': Bombay High Court Denies Interim Relief To Eatery

While refusing to grant interim relief to a Thane-based Udupi restaurant, whose licence has been suspended by the Food & Drugs Administration (FDA) for serving the recently banned 'analogue paneer', the Bombay High Court on Friday (August 21) said such hotels must tell the customers by putting up boards that they are not serving what is being shown in the menu card. A division bench of...

ICC Decision That Complaint Lacks 'Sexual Element' Can Be Challenged Under POSH Act: Bombay High Court

A decision of the Internal Complaints Committee (ICC) rejecting a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013 at the threshold with a finding that 'no sexual element' is involved in the plaint, without conducting an enquiry, would still amount to a 'recommendation' under the Act and the said decision can be 'appealed'...

'Appalling Apathy': Bombay High Court Pulls Up State Over Failure To Protect Children Walking Through Wildlife-Prone Areas To Reach School

The Bombay High Court on Wednesday (August 19) slammed the Maharashtra Government for its 'appalling apathy' in not taking any effective steps for the protection of around 228 school going children, who walk almost 30 kilometres daily from the Sahyadri Tiger Reserve (STR) and are exposed to possible wild animals attack. A division bench of Justice Sharmila Deshmukh and Justice Neeraj Dhote...

Bombay High Court Allows Day-Care Centre In Residential Flat To Continue For 6 Weeks, Asks MHADA To Decide 'Change User' Plea

The Bombay High Court on Wednesday (August 19) directed the Maharashtra Housing and Area Development Authority (MHADA) to allow a pre-school and day care centre to operate from a residential apartment at least for the time till the authority decides the 'change of user' application filed by the said pre-school. A division bench of Justice Makarand Karnik and Justice Sandesh Patil has...

Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court

The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...

Mere Annoyance Or Irritation In Marital Life Is Not Cruelty: Bombay High Court Denies Divorce To Husband

Mere annoyance or irritation between a couple will not amount to cruelty and cannot be a ground for seeking divorce under the Hindu Marriage Act, held the Bombay High Court recently while dismissing a husband's appeal against an order of a Family Court, which too had dismissed his plea seeking dissolution of his marriage on grounds of cruelty. A division bench of Justice Urmila Joshi-Phalke...

'Competitive Exams May Be Intense, But Can't Justify Manipulating Scorecard': Bombay High Court Upholds Cancellation Of Student Admission

Competition for admission to professional courses is undoubtedly intense but no admission, however desirable, can justify manipulation of of an examination record, the Bombay High Court held while refusing to grant any relief to a student, whose provisional admission to a B.Tech course was cancelled by a University in Pune after noting that the scorecard submitted by the student did not...