Bombay High Court's 'Strong Message' To ED: Act As Per Law, Don't Harass Citizens; Imposes 1 Lakh Cost

In a significant order, the Bombay High Court on Tuesday while imposing an exemplary costs of Rs 1 lakh on the Enforcement Directorate (ED) observed that it is high time that the central agencies like the ED should conduct themselves within the parameters of law and stop taking the law in the own hands and harass citizens. Single-judge Justice Milind Jadhav said a 'strong message' needs to be sent to the law enforcement agencies to ensure that the citizens are not harassed. "I am...

Bombay High Court Quashes FIR Against Man For Driving Without Helmet, Orders Him To Perform Community Service At Hospital

While quashing a First Information Report (FIR) against a 22-year-old man for driving a two-wheeler without a helmet and licence in 2017 (when he was 17-years-old), the Bombay High Court asked him to perform 'community service' at a hospital for four Sundays. The court further directed him to deposit his licence with the Mumbai Police for nearly three months and not to drive any vehicle in...

Serving Signed Copy Of Award To Employee Of Party Does Not Constitute Valid Service U/S 31(5) Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of a party to an arbitration agreement is not a valid service under section 31(5) of the Arbitration Act. Brief Facts The respondent and the appellant had business dealings. Dispute arose between them and an arbitration clause was invoked....

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court

The Bombay High Court has held that a delay in filing an appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (PMLA) cannot be condoned by the High Court beyond 120 days as stipulated in the provision.A division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that Section 42 PMLA excludes the applicability of Section 5 of the Limitation Act,...

Badlapur 'Fake Encounter' Case: Magistrate Enquiry Concludes 5 Policemen Responsible For Accused's Death

In relation to a plea filed by the father of the Badlapur school sexual assault accused who died in an alleged fake encounter, a Magistrate Enquiry report has been submitted before the Bombay High Court.A bench of Justices Revati Mohite-Dere and Dr Neela Gokhale today (20 January) read out the report in open court. "It is said that as per the material collected and the FSL reports,...

Bombay High Court Annual Digest 2024 [Part III]

Citations 2024 LiveLaw (Bom) 436 – 2024 LiveLaw (Bom) 654:Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High CourtCase Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)Citation: 2024 LiveLaw (Bom) 436In a significant ruling, the Nagpur bench of the Bombay High Court held that...

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. "It is only a case of broken relationship which...

Bombay High Court Restrains Rupali Ganguly's Step Daughter From Giving Defamatory Interviews & Posts Against Her

The Bombay High Court on Wednesday in an ad-interim order, restrained Esha Verma and John Doe platforms from making or publishing any defamatory content against TV actor Rupali Ganguly.Single-judge Justice Arif Doctor passed the order after it noted that the posts and interviews by Esha, the step-daughter of Rupali, were prima facie defamatory. "I find that the posts, interviews etc are not...

Merely Telling Wife She Can't Cohabit With Husband Unless She Brings Money From Her Parents Without Further Action Not Harassment: Bombay HC

The Bombay High Court recently held that merely telling a woman that if she fails to bring the amount demanded by her husband or in-laws, from her parental house, she would not be allowed to cohabit with her husband, will not amount to mental or physical harassment.A division bench of Justices Vibha Kankanwadi and Rohit Joshi noted that the wife in her First Information Report (FIR)...

Consider Introducing More Responsibilities Under Bombay Police Act For Cops To Tackle Issue Of Illegal Hawkers: High Court Suggests State

The Bombay High Court on Wednesday asked the Maharashtra government if it can consider amending the provisions of the Bombay Police Act and also the Mumbai Municipal Corporation (MMC) Act to add more responsibilities for the city's police officers, so that they can help out the civic officials in curbing the menace of illegal hawkers in the city.A division bench of Justices Ajay Gadkari and...

Worli Hit-n-Run Case | Bombay High Court Issues Notice On Plea By Deceased's Husband Seeking Murder Charge Against Mihir Shah

The Bombay High Court on Tuesday (January 14) issued notice to the Mumbai Police on a plea filed by Pradeep Nakhawa, the victim and husband of the deceased in the infamous Worli Hit-n-Run Case, who has sought invocation of murder charges against the prime accused Mihir Shah in the case.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale heard brief submission in the plea...

'Bold Voice Against Judicial Misconduct' : Bombay Bar Remembers Sr Adv Iqbal Chagla

One of India's leading lawyers and a doyen of the Bombay Bar Association (BBA), Senior Advocate Iqbal Chagla died on Sunday (January 12). The great human being, as he is usually referred to in the Bar Room, will be remembered always for his forthright attitude of 'calling a spade a spade' and always protecting the 'independence' of judiciary. He also was one of the most vocal advocates in...