Bombay High Court
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 followed.Justice N.J. Jamadar was hearing a writ petition filed by a pharmaceutical firm and its partners seeking...
'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 the threshold.Justice Sharmila U. Deshmukh was hearing an application filed by the returned candidate seeking...
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...
'Will Cooperate With Police': YouTuber Dr Sangram Patil Booked Over FB Post On PM Modi Assures Bombay High Court
The Bombay High Court on Monday permitted UK-based Doctor and YouTuber Dr Sangram Patil to file an affidavit assuring that even if he is allowed to return to United Kingdom, he will continue co-operating with the ongoing investigations against him for his allegedly defamatory social media post against Prime Minister Narendra Modi and other BJP leaders. Single-judge Justice Ashwin Bhobe...
Verify If Bangladeshi Immigrants Hawking On Mumbai Streets, Take Action As Per Law: Bombay High Court To BMC, Police
The Bombay High Court on Monday (March 23) ordered the Brihanmumbai Municipal Corporation (BMC) and the Mumbai Police to conduct a 'thorough' verification of the identity of all the hawkers on the streets of the city and check if there are any 'Bangladeshis' or other 'immigrants' involved in hawking activities, and if found, the authorities have been ordered to take 'appropriate' action...
Bombay High Court Orders Probe Into 'Shocking' Failed MTP Case After Newborn Allegedly Starved To Death In Hospital
The Bombay High Court was recently 'aghast' to note a 'shocking' incident wherein a Medical Termination of Pregnancy (MTP) on a minor rape victim failed, resulting in the birth of a baby girl of nearly 26 weeks, who was 'starved to death' by the doctors at the District Civil Hospital in Maharashtra's Satara.Sitting at the Kolhapur seat, a division bench of Justice Madhav Jamdar and Justice...
No Direct Link Between Academic Marks & Earning Capacity: Bombay High Court Enhances Accident Compensation For Deceased Student's Family
Just because a student scores average or below average marks does not mean s/he would not be able to earn well after becoming a professional and thus there cannot be any justification to claim any 'direct connection' between the marks obtained and the potential to earn in future, held the Bombay High Court recently while enhancing compensation in a Motor Vehicle Accident matter....