[Land Acquisition Act] 'Compensation U/S 28A Cannot Be Restricted To Compensation Awarded In Foundational Award': Bombay High Court

The Bombay High Court has held that compensation determined in proceedings under Section 28-A of the Land Acquisition Act, 1894, cannot be restricted only to the amount awarded in the “foundational award” relied upon for redetermination. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation between landowners whose lands are acquired under the same notification, and therefore, the power of redetermination cannot be narrowly construed to limit...

Criminal Case Cannot Continue In Hope Of Finding Offender When No Prima Facie Offence Is Disclosed: Bombay High Court

The Bombay High Court has held that an investigating agency cannot continue a criminal investigation merely in the hope of discovering unknown accused persons when the preliminary enquiry does not disclose the commission of any prima facie offence. The Court observed that the machinery of criminal law cannot be set in motion to conduct a roving and fishing inquiry where the material collected during the preliminary enquiry itself fails to reveal deception, conspiracy, or fraudulent conduct.A...

'Security Paramount': Bombay High Court Refuses Permission To Offer Namaz At Mumbai Airport

The Bombay High Court on Thursday, while refusing to permit Muslim drivers and passengers to offer Namaz at the Chhatrapati Shivaji Maharaj International Airport (CSMIA), even for the limited period of Ramadan, made it clear that it cannot, at any cost, compromise the security of the airport and whether it is religion or something else, court will only favour security. A division bench of...

Employees' Compensation Act Claim Cannot Be Rejected Merely Because Disability Certificate Was Issued By Non-Treating Doctor: Bombay HC

The Bombay High Court has held that an application for compensation under the Employees' Compensation Act, 1923, cannot be rejected solely on the ground that the disability certificate was issued by a doctor who did not attend to the injured workman. The Court observed that the Act only requires the certificate to be issued by a “qualified medical practitioner” and does not mandate that...

'Divorce Decree Cannot Be Granted By Relying Merely On Whatsapp Chat': Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be granted merely on the basis of WhatsApp chats without proper proof through evidence. The Court observed that allegations of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 must be established through legally admissible evidence, and the opposing party must be given an opportunity to rebut the material relied...

[Cooperative Societies Act] Audit Reports/Inquiry Orders Are Only Preparatory Steps, Not 'Orders' For Revision: Bombay High Court

The Bombay High Court has held that a Special Report submitted under Section 81(5B) of the Maharashtra Cooperative Societies Act, 1960, and an order directing inquiry under Section 88 are not “orders” or “decisions” amenable to revisional jurisdiction under Section 154 of the Act. The Court observed that if Section 154 is interpreted to include audit reports under Section 81, the...

Fresh Deemed Conveyance Plea Not Maintainable After Earlier Rejection On Merits; Quasi-Judicial Authorities Bound By Res Judicata: Bombay HC

The Bombay High Court has held that once a quasi-judicial authority has adjudicated an application for deemed conveyance on merits and rejected it without granting liberty to file a fresh application, it cannot subsequently take a contrary view on the same issue merely because a fresh application is presented in a modified form. The Court observed that such a course would undermine the...

More Women Joining Workforce To Become Economically Independent, State Cannot Deny Maternity Benefits: Bombay High Court

At the time when more and more women are joining the workforce for becoming economically independent, the authorities by denying them maternity leave benefits cannot compromise their role as a care giver to the child, observed the Bombay High Court while ordering the Brihanmumbai Municipal Corporation (BMC) to pay and extend the benefits to a Doctor, working in the civic-run KEM hospital, at...

Bombay HC Grants ₹50 Lakh COVID Compensation To MSRTC Supervisor's Widow; Says Field Staff Faced Same Risk As Drivers During Pandemic

The Bombay High Court has held that supervisory staff deputed to manage traffic operations during the COVID-19 pandemic were exposed to the same risk as drivers and conductors, and are therefore entitled to compensation of Rs. 50 lakhs under the applicable Government Resolution and MSRTC circulars. The Court observed that the deceased did his job at the risk to his life in a time when the life...

PIL In Bombay High Court Seeks Structural Safety Audit Of All Metro Lines In Mumbai After Slab Collapse Accident

An advocate has filed a Public Interest Litigation (PIL) seeking structural safety assessment of all the construction sites of various lines of Mumbai Metro after the tragic accident took place in the city wherein one man lost his life and three were seriously injured after a portion of the slab of an under-construction of Metro Line 4B fell on an autorickshaw and a private car. Notably,...

Person Not Christian Just Because There Are Paintings Of Holy Cross, Statue Of Lord Jesus In His House: Bombay High Court

Mere presence of a painting of the Holy Cross or a statue of Lord Jesus Christ in a person's house cannot be used as a ground to hold that the said person or his forefathers have converted into Christianity, held the Bombay High Court recently. Sitting at the Nagpur seat, a division bench of Justice Mukulika Jawalkar and Justice Nandesh Deshpande quashed and set aside an order of a District...

Municipal Corporation Of Greater Mumbai Fire Brigade Is Part Of Same Industrial Establishment Under Standing Orders Act: Bombay High Court

The Bombay High Court has held that the Fire Brigade Department is an integral part of the Municipal Corporation of Greater Mumbai and constitutes an industrial establishment within the meaning of the Industrial Employment (Standing Orders) Act, 1946. The Court observed that there is unity of ownership, management, finance and functional integrity between the Corporation and its Fire...