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 Bombay High Court

S.125 CrPC | 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 of Justice Vaishali Patil-Jadhav and Justice Sandipkumar C. More was hearing a petition filed by a convict...

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...

Godown Independently Approved In Sanctioned Plan Qualifies As A Flat For Housing Society Membership: Bombay High Court

The Bombay High Court has held that a godown separately sanctioned in the development permission qualifies as a “Flat” under Section 154B-1(13) of the Maharashtra Co-operative Societies Act, 1960, and its owner is entitled to membership of a cooperative housing society. The Court observed that the statutory definition of “Flat” includes a godown and that the godown in the present case...

Bombay High Court Quashes Food Safety Case Against Britannia Dairy Over Allegedly Unsafe Cheese Cubes

The Bombay High Court has quashed criminal proceedings against Britannia Dairy Private Limited over allegations concerning unsafe Britannia Cheese Cubes, holding that the company was denied statutory safeguards under the Food Safety and Standards Act, 2006. The Court observed that the delay in issuing notice, non-supply of the laboratory testing report and consequent deprivation of...

Creating WhatsApp Group Without Employers Permission Cant Be Ground To Compulsorily Retire An Employee: Bombay High Court

Merely creating a WhatsApp group by an employee without permission of the employer is not a ground to remove a person from his or her job, the Bombay High Court held on Wednesday (September 16) while quashing a voluntarily retirement order passed against a Professor, working with Tata Institute of Social Sciences (TISS), who was punished for creating a 'parallel' WhatsApp group. A division...