Bombay High Court
'No Baby Should Die': Bombay High Court Slams Maharashtra Govt Over Continued Malnutrition Deaths In Tribal Areas
The Bombay High Court on Thursday observed that when the Maharashtra Government is able to spend crores on schemes like 'Ladki Bahin', but malnutrition continues to cause deaths among children, pregnant women and others in tribal regions like Melghat, the State must explain its conduct.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri noted that despite orders being passed...
Bombay High Court Asks Maharashtra Govt If Bhima Koregaon Accused Surendra Gadling Can Use Jail Computer To Review Evidence
The Bombay High Court on Thursday sought to know from the Maharashtra Government if it could permit Surendra Gadling, an accused in the Bhima Koregaon - Elgar Parishad case, to access the computer installed in the Taloja Central Prison to review the evidence against him. A division bench of Justice Ajay Gadkari and Justice Kamal Khata while refusing Gadling to use his own laptop while in prison to review evidence, clarified that it can consider permitting him to access the computer in...
Graphologist's Report Cannot Be Admitted As Evidence To Determine Testator's State Of Mind Without Stating It's Relevance: Bombay High Court
The Bombay High Court has held that a graphologist's report cannot be admitted as expert evidence to determine the testator's state of mind unless its relevance and scientific basis are demonstrated in terms of the Evidence Act. The Court observed that in the absence of showing that graphology is a recognised science capable of assisting the Court, such opinion cannot be treated as...
Injury Sustained While De-Boarding At Station Where Train Does Not Halt Is Not 'Self-Inflicted Injury': Bombay High Court Orders Compensation
A passenger trying to de-board a train at a station where the train does not halt and sustains an injury, the said injury cannot be termed as a 'self-inflicted injury' but would constitute an 'untoward incident' qualifying such a passenger to seek compensation under section 124A of the Railways Act, held the Bombay High Court on March 24.Single-judge Justice Jitendra Jain was hearing a plea...
Sessions Court Cannot Take Cognisance Of Offences Under Drugs & Cosmetics Act Without Committal By Magistrate: Bombay High Court
The Bombay High Court has held that a Sessions Court cannot take direct cognisance of offences under the Drugs & Cosmetics Act unless the case is committed to it by a Magistrate, as required under Section 193 of the CrPC. The Court observed that in the absence of any express provision in the Act permitting such direct cognisance, the statutory procedure under the CrPC must be...
'Right To Fair Trial Violated': Bombay High Court Quashes Death Sentence, Orders Fresh Trial After Accused Was Not Properly Represented
The Bombay High Court on Tuesday (March 24) set aside a judgment of a Nashik Sessions Court awarding death sentence to a man convicted for raping and killing a minor girl, on the ground that the accused had no legal representation during the trial and therefore, remanded the matter back to the sessions court to conduct the trial afresh. A division bench of Justice Sarang Kotwal and...
Absence Of Material Facts Fatal To Election Challenge: Bombay High Court Dismisses Plea Challenging MLA's Election
The Bombay High Court has held that the absence of material facts to substantiate allegations of suppression in an election petition constitutes non-compliance with Section 83(1)(b) of the Representation of the People Act. The Court observed that failure to plead essential facts necessary to establish a complete cause of action renders the election petition liable to be rejected at...
Employer Can Impose Penalty Based On ICC Report Under POSH Act Without Separate Departmental Inquiry: Bombay High Court
The Bombay High Court has held that an employer can impose a penalty on an employee based on the report of the Internal Complaints Committee (ICC) under the POSH Act without conducting a separate departmental inquiry or issuing a formal charge-sheet. The Court observed that the ICC report constitutes an inquiry report under the statutory scheme, and requiring a second inquiry would amount to...
'Long-Standing Contractors Cannot Claim Exclusive Right To Continue On Account Of Potential Loss Of Livelihood': Bombay High Court
The Bombay High Court has held that long-standing contractors cannot claim an exclusive or perpetual right to continue merely on the ground that their livelihood depends on the activity. The Court observed that ensuring a fair and transparent tender process providing equal opportunity to all similarly placed persons cannot be curtailed to preserve existing contractors' interests.A division...
Customs Cannot Ignore FSSAI's Clearance & Re-Test Goods Without Justification: Bombay High Court Orders Release Of Seized Imports
The Bombay High Court has held that customs authorities cannot disregard clearance granted by the Food Safety and Standards Authority of India (FSSAI) and subject imported goods to re-testing without any cogent justification. The Court observed that once a competent statutory authority like FSSAI certifies goods as compliant and fit for human consumption, questioning such certification...
Bombay High Court Lets Outgoing Sarpanchs To Continue As Administrators For Now, But Restrains Them From Taking Policy Decisions
While hearing petitions challenging the Maharashtra Government's decision to appoint outgoing Sarpanchs of over 14,500 Gram Panchayats as Administrators of their respective Gram Panchayats, the Bombay High Court recently restrained such Administrators from taking any major decisions particularly with respect to expenditures or policies etc, till further orders.A division bench of Justice...