Bombay High Court
Non-Teaching Staff Of Aided Social Work Colleges Entitled To Leave Encashment On Retirement: Bombay High Court
The Bombay High Court recently held that on superannuation, non-teaching staff of aided social work colleges are also entitled to leave encashment under the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Rules, 1984. A division bench comprising Justices Rohit Deo and Vrushali Joshi allowed an Assistant Librarian’s plea who was directed to return Rs. 5.2 lakh...
Court Custody Of Secured Asset Can't Be Used As Shield By Debtor To Prevent Creditor From Taking Possession Under SARFAESI Act: Bombay High Court
The Bombay High Court recently held that a secured creditor cannot be prevented from taking possession of a mortgaged property under section 13 of the SARFAESI Act just because the property is custodia legis (in custody of a court).Justice RI Chagla observed that the court has to assist the secured in taking possession of the secured asset. It particularly directed the court receiver to...
Bombay High Court “Shocked” After Woman Who Fought Tiger And Won Bravery Certificate Awarded Pittance In Compensation
The Bombay High Court has awarded Rs. 1 lakh compensation to a woman for the trauma of surviving a tiger attack and expressed shock at the casual manner in which forest officials wrote off the bravery awardee’s wounds as ‘simple injuries.’A division bench comprising Justices Rohit Deo and Vrushali Joshi set side the order of the Assistant Conservator of Forest. “We are shocked with...
Amount Reimbursed Under Mediclaim Policy Can't Be Deducted From Compensation Payable By Offending Vehicle's Insurer: Bombay High Court
The Bombay High Court recently held that medical reimbursement received from a motor accident victim’s insurance company cannot be deducted from the compensation to be paid by the insurance company of the owner of the offending vehicle.Justice Shivkumar Dige upheld an award by the Motor Accident Claims Tribunal to an accident victim who received medical reimbursement under his...
Section 115 Trademarks Act | Police Can’t Seal Factory Premises Instead Of Seizing Heavy Machinery: Bombay High Court
The Bombay High Court ordered de-sealing of factory premises in Chakan near Pune and observed that police don’t have the power under section 115 of the Trademarks Act to seal factory premises where incriminating articles were situated.A vacation bench of Justice Sharmila Deshmukh and Arif Doctor noted, “The provisions of sub-section (4) of section 115 of the Trade Marks Act, 1999 permits...
Breaking | Bombay High Court Directs Sameer Wankhede To Not Publish WhatsApp Chats Or Make Press Statements In Extortion Case, Extends Protection
The Bombay High Court today extended the interim protection granted to former Narcotics Control Bureau (NCB) officer Sameer Wankhede in Rs 25 Crore extortion case regarding the arrest of Aryan Khan in 2021.The vacation bench of Justice Abhay Ahuja and Justice MM Sathaye extended its May 19 order asking CBI not to take any coercive steps against Wankhede, subject to his not publishing any...
"Citizens Can Profess And Propagate Their Own Religion": Bombay High Court Quashes Section 144 Order Against Christian Couple Accused Of Conversion
Prohibiting individuals from carrying out any religious activities on their property through an order under section 144 of the CrPC is a direct violation of their fundamental rights enshrined in Article19(1), Articles 25 and 26 of the Constitution of India the Bombay High Court held.The Goa bench comprising Justices Mahesh Sonak and Valmiki Menezes quashed an order passed under section 144 of...
Sameer Wankhede Cites Alleged Chats With Shahrukh Khan To Counter CBI's Extortion Allegations In Cruise Ship Case, Says Khan Praised His Integrity
Former NCB officer Sameer Wankhede has cited before the Bombay High Court his alleged chats with actor Shah Rukh Khan after Aryan Khan’s arrest in the Cordelia Cruise Ship Case, to counter the allegation of extortion against him in CBI's FIR.“Mr. Shahrukh Khan has, vide his messages, clearly portrayed that he has no grievances against the Petitioner (Wankhede) and has only requested to...
Recognition Of Person As 'Tribal' After Transfer Of Land To Non-Tribal Won't Entitle Him To Seek Restoration: Bombay High Court Full Bench
The Bombay High Court recently held that recognition of a person as Tribal after the date he transfers his land to a non-tribal would not entitle the transferrer to restoration of the land under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.A full bench comprising of Justice Sunil B Shukre, Justice AS Chandurkar, and Justice Anil L Pansare sitting at Nagpur...
Private School Employee Terminated For Proven Misconduct Not Eligible For Compassionate Pension: Bombay High Court
The Nagpur bench of Bombay High Court recently held that a private school employee terminated on proven misconduct is a dismissed employee and is not eligible to compassionate pension.A division bench of Justice Rohit B Deo and Justice Vrushali V Joshi dismissed a writ petition filed by a terminated private school employee, who sought compassionate pension claiming she was “removed” and...
Prima Facie Legal Bar Under PCA: Bombay High Court Protects Former NCB Officer Sameer Wankhede From Coercive Steps In Extortion Case Till Monday
The Bombay High Court today directed CBI not to take any coercive action against former Narcotics Control Bureau officer Sameer Wankhede in Rs 25 Crore extortion case regarding the arrest of Aryan Khan in the 2021 Cruise Ship Drugs Case. A vacation bench of Justice Sharmila Deshmukh and Justice Arif Doctor said that prima facie, there is a bar under section 17A of the Prevention of...
[S.59 NDPS Act] Special Court Can Order FIR Against Investigating Officer For Failure To File Chargesheet Within 180 Days: Bombay High Court
The Bombay High Court recently upheld an order directing criminal prosecution of the investigating officer (IO) under Section 59 of the NDPS Act for his prima facie failure to file the chargesheet within the stipulated period.Under Section 59 an officer who fails to perform his duty prescribed under the act or who connives with an accused can be punished with imprisonment for a term extendable...