Bombay High Court
Maharashtra Govt Seeking To Shield 'Big Mandals' Through PoP Idols Immersion Policy: PIL Petitioner Tells Bombay High Court
The Bombay High Court was on Friday (July 17) told that the Maharashtra Government was trying to protect 'big mandals' by pressing for allowing immersion of Ganesh idols made of Plaster of Paris (PoP) above the height of six feet, in natural water bodies. A division bench of Justice Ajay Gadkari and Justice Kamal Khata has been hearing final arguments in the Public Interest Litigation (PIL)...
Civil Court Can Examine Territorial Jurisdiction Afresh Even If High Court Granted Leave Before Suit Transfer: Bombay High Court
The Bombay High Court has held that the grant of leave under Clause XII of the Letters Patent by the High Court before transfer of a suit does not prevent the Bombay City Civil Court from examining the issue of territorial jurisdiction afresh after the suit is transferred on account of enhancement of its pecuniary jurisdiction. The Court observed that, by virtue of Section 4A(2) of the...
Filing Vakalatnama Is Not Waiver Of Service Of Summons; Limitation To File Written Statement Starts After Proper Service: Bombay High Court
The Bombay High Court has held that the mere filing of a Vakalatnama or an affidavit-in-reply to an interim application does not, by itself, amount to a waiver of service of writ of summons or trigger the limitation prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 for filing a written statement. The Court observed that the period for filing the written statement...
Possessory Suit U/S 6 Specific Relief Act Maintainable In Civil Court Even If Parties Have Licensor-Licensee Relationship: Bombay High Court
The Bombay High Court has held that a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession after alleged dispossession otherwise than in due course of law is maintainable before the Civil Court even if the parties stand in the relationship of licensor and licensee. The Court held that the existence of a licensor-licensee relationship does not by itself...
Bombay High Court Directs DGP To Review CCTV Functionality, Footage Preservation In All Police Stations
The Bombay High Court on Wednesday (July 15) ordered the State's Director General of Police (DGP) to submit a report spelling out if all the police stations across Maharashtra have operational CCTV cameras and also for how much period is their data preserved by the concerned police stations. A divison bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad has asked the DGP...
Magistrate Can Invoke BNSS Search Provision To Recover Child Forcibly Taken Away By Father: Bombay High Court
The Bombay High Court has held that a Magistrate can invoke the search provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) to recover a child allegedly taken away by his father from the mother's custody by force.Upholding orders passed by a Magistrate in Malegaon directing the police to search the father's residence and subsequently restore the custody of the three-year-old child...
S.50 NDPS Act | Oral Refusal To Be Searched Before Magistrate Or Gazetted Officer Insufficient: Bombay High Court Grants Bail
The Bombay High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that an oral waiver of the right available under Section 50 of the Act is not sufficient. The Court observed that where an accused elects not to exercise the right of being searched before a Gazetted Officer or a Magistrate, such waiver must be reduced into...