Bombay High Court Monthly Digest: September 2024

Bombay High Court Monthly Digest: September 2024Nominal Index (2024 LiveLaw (Bom) 461 to 2024 LiveLaw (Bom) 498): Mohan Chavan vs State of Maharashtra, 2024 LiveLaw (Bom) 461Abhin Anilkumar Shah versus ITO, 2024 LiveLaw (Bom) 462Nitin Vasantrao Bode vs State of Maharashtra, 2024 LiveLaw (Bom) 463Tejasvee Abhishek Ghosalkar vs State Of Maharashtra And Ors, 2024 LiveLaw (Bom) 464Vijay Sapkale...

Unless Recipient Chooses To Forward Message On WhatsApp, They Cannot Be Held Liable For Defamation: Bombay High Court

A WhatsApp message is encrypted end to end and it can only be read by the person, who received it unless the recipient chooses to forward the message, thus in such a situation a sender cannot be booked for defaming a person in society, the Bombay High Court held recently. For the 'illegal arrest' of the applicant, the High Court ordered the Investigating Officer (IO) to pay Rs 2 lakhs and...

Allahabad HC Refuses To Quash 'Riots' FIR Lodged By Sitting MLA Against Bahraich Violence Victim's Relative, BJYM City Chief

The Allahabad High Court recently refused to quash an FIR, lodged on the complaint of Mahasi MLA Sureshwar Singh against a relative of the Bahraich violence victim Ram Gopal Mishra, the BJYM City Chief, and others. For the uninitiated, on October 13, the final day of Durga Puja celebrations, communal violence broke out in the Maharajganj/Mehsi area of District Bahraich after some...

Karnataka High Court Upholds Order Requiring Mutt Head To Appear In Court For Leading Evidence After Completing Daily Rituals

The Karnataka High Court dismissed a plea moved by the Matadhipathi (religious head) of Kadri Shri Jogi Mutt (Yogishwara Mutt) who had sought appointment of a Commissioner to record his evidence in a suit before the trial court seeking a declaration that the Mutt (monastery) belongs to the Jogi community.The petitioner defendant–Raja Yogi Nirmalnathji Maharaj had sought this appointment on...

If Elephants Are Not Protected Next Generation Would See Them In Museums, Like Dinosaurs: Kerala HC In Pleas To Prohibit Parading In Festivals

While hearing a batch of pleas concerning prohibition of cruelty against captive elephants in Kerala, the High Court on Tuesday (November 5) orally remarked that if the animal is not protected and the numbers keep dwindling, the next generation would see the animal in museums, just the way we see Dinosaurs. The high court, which is considering formulation of guidelines to prevent cruelty...

Courts Must Strive To Remove Barriers Faced By Persons With Disabilities: Madras HC Dispenses Language Test For Speech & Hearing Impaired Engineer

The Madras High Court recently highlighted the court's duty to remove the barriers faced by persons with disabilities in their daily life. Justice Anand Venkatesh noted that the barriers faced by persons with disabilities went beyond issues of accessibility and was deep rooted in prejudices and stereotypes in the society. The court added that persons with disabilities faced...

Delhi High Court Restrains Alpino Health Foods From Publishing Advertisements 'Disparaging' Oats

The Delhi High Court has recently restrained Alpino Health Foods Private Limited, a Bengaluru-based brand, from publishing or sharing its advertisements disparaging “Oats” as a category of foods, either on social media or otherwise. Justice Mini Pushkarna passed the ex parte ad interim injunction order in favour of Marico Limited in its suit against Alpino, a brand which has actress...

Calcutta High Court Allows Urgent Hearing For Plea Alleging Communal Violence Against Hindus, Sikhs In Kolkata

The Calcutta High Court has agreed to hear a plea alleging instances of communal violence against Hindus and Sikhs in Kolkata's Rajabazar area.Counsel claimed that the violence had been taking place from the time of Durga puja, and had continued to intensify.It was argued that stones were being pelted and bombs were being thrown at members of the Hindu and Sikh communities by miscreants trying...

Wife Insulting Husband's Religion & Gods Amounts To Mental Cruelty: Chhattisgarh High Court

The Chhattisgarh High Court has held that the conduct of a wife in insulting religion of her husband, his religious beliefs and his Gods amounts to mental cruelty.The Division Bench of Justice Rajani Dubey and Justice Sanjay Kumar Jaiswal referred to Hindu epics like Ramayana, Mahabharata and Manusmriti and held –“In Hinduism, the wife is regarded as the "Sahadharmini" (Equal Partner...

Unlikely That Woman Would Harm Her Unborn Baby By Committing Suicide: Orissa HC Upholds Conviction Of Ex-MLA For Pregnant Wife's Murder

The Orissa High Court has upheld the conviction and life-term of former Member of Legislative Assembly (MLA) Ramamurty Gamango for murder of his pregnant wife in the year 1995 at his official residence.While confirming the 2023's trial Court order, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“The conclusive nature of the evidence,...

Madhya Pradesh High Court Frowns Upon Reels, Memes Of Live-Streamed Court Proceedings, Orders To Take Them Down

The Madhya Pradesh High Court has raised concerns over the misuse of live-streamed court proceedings by circulation in the form of reels and memes on social media platforms. The division bench of Chief Justice Suresh Kait and Justice Vivek Jain thus restrained social media platforms, media agencies, and individuals from editing, morphing, or illegally sharing its live-streamed...

UP Panchayat Raj Rules 1997 | DM Can't Remove A Pradhan Solely Based On A Spot Inspection Sans A Formal Inquiry: Allahabad HC

The Allahabad High Court recently observed that an order for the removal of a Pradhan by the District Magistrate can't be passed only based on a spot inspection made by the Enquiry Officer without complying with the provisions of Rules 6 and 7 of the UP Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules 1997. A bench of Justice Manish Kumar Nigam noted that...