"No More Adjournments For Filing Affidavits, Will Impose Costs For Seeking Extension Of Time Without Justification": Bombay HC To State

The Bombay High Court recently made it clear that henceforth it will not adjourn matters and criticised the 'robotic approach' especially of the Maharashtra Government and other authorities for seeking adjournments on the ground of filing affidavits-in-reply.A division bench of Justices Girish Kulkarni and Somashekar Sundaresan said henceforth it will impose costs on advocates, especially...

Bombay High Court Weekly Round-Up: 26 August - 01 September, 2024

Citations: 2024 LiveLaw (Bom) 443 To 2024 LiveLaw (Bom) 460Nominal Index:MARS Enterprise vs Municipal Corporation of Greater Mumbai, 2024 LiveLaw (Bom) 443 Madhukar Baburao Shete vs. Yogesh Trimbak Shete & Anr, 2024 LiveLaw (Bom) 444T.J. Thomas & Ors. vs. Municipal Corporation of Greater Bombay & Ors., 2024 LiveLaw (Bom) 445Abhijit Padale vs State of Maharashtra, 2024 LiveLaw...

Uddhav Thackeray Did Not Hurt Religious Sentiments, Plea Filed For Publicity: Bombay High Court Orders Man To Pay Rs 2 Lakhs To Former CM

The Aurangabad Bench of the Bombay High Court, recently held that Maharashtra's former Chief Minister and the President of the divided Shiv Sena - Uddhav Thackeray did not hurt religious sentiments by not applying the sacred ash on his forehead, presented to him by a Mahant (Priest) during a public event in Nanded.Single-judge Justice Sanjay Mehare also imposed a cost of Rs 2 lakhs on...

Personal Hearings Not Always Necessary For Arbitrator Appointment If Pleadings Are Complete: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that while personal hearings for all parties can be beneficial in proceedings to enforce the appointment of an arbitrator under Section 11(6), it is not always necessary. The bench held that when an arbitration agreement is clearly established in the pleadings and the dispute is not evidently stale or time-barred,...

Every Offence Is Seriously Investigated, Especially Crimes Against Women: Mumbai Police Tells High Court

In a response to the 'continuous criticism' by the Bombay High Court for 'shoddy probes' in cases pertaining to women, the Mumbai Police has informed the High Court that it takes each and every offence seriously and gives priority to offences against women.In an affidavit, Vivek Phansalkar, the Commissioner of Police, Mumbai has urged the bench of Justices Ajay Gadkari and Dr Neela Gokhale not...

"Defective Investigation Shakes Public Confidence": Bombay High Court Transfers Probe In Nagpur Ram Jhula Hit And Run Case

The Nagpur bench of the Bombay High Court on Friday transferred the investigations of the infamous Nagpur Ram Jhula hit-and-run case, wherein a woman under the influence of alcohol drove her Mercedes Benz and mowed down two youngsters, from the local police station to the State Crime Investigation Department (CID) after noting several lapses in the initial investigation.A division bench...

Bombay High Court Calls For State's Response On Plea Seeking Safety Measures For Female Students Attending College Near Slum Area

The Bombay High Court has asked the State of Maharashtra to submit an affidavit regarding the measures it has taken to ensure the safety and security of female students attending college at Matunga, Mumbai.The Girls' College in question is managed by the Seva Mandal Education Society (petitioner no.2). The petitioner-society contended that as the college is surrounded by slums, there is...

Bombay High Court Imposes Rs 50 Lakh Costs On Company For Breaching Injunction Orders, Using Fevicol Trademark

In yet another case of contempt in a commercial suit, the Bombay High Court on August 13 imposed a hefty cost of Rs 50 lakh on a company which used 'deceptively' similar trademark of Fevicol and its range of products despite an injunction restraining the company from using anything similar to said trademark.Single-judge Justice Riyaz Chagla noted that the petitioner in breach of the...

[Ganesh Chaturthi] Intimate "Mandals" To Follow Idol Immersion Guidelines, Not To Use Plaster Of Paris Idols: Bombay High Court to State

The Bombay High Court on Friday asked the Maharashtra government to issue directions to all municipal corporations across the state to impose 'strict conditions' on Mandals seeking to organise Ganeshotsav, not to use Ganpati idols made from Plaster of Paris (PoP). The court said this after taking note of the Central Pollution Control Board's (CPCB) Guidelines on Idol Immersion issued in May...

Incorrect To Say Vishalgadh Violence Was 'State-Sponsored' Violence: Maharashtra Govt Tells Bombay High Court

In a bid to defend itself from the criticism following the communal violence at the Vishalgadh Fort area in Kolhapur and the subsequent demolition drive to pull down allegedly 'illegal' structures of a particular community, the Maharashtra Government on Friday denied all the allegations made against it and told the Bombay High Court in clear terms that whatever violence took place was "not...

Child Cannot Be Left 'Stateless'; Even If Parents Give Up Indian Citizenship, Child Will Continue To Be Citizen: Bombay High Court

The Bombay High Court bench at Goa on Wednesday (August 28) held that a child cannot be denied Indian citizenship just because s/he lives with a single parent, who too is a foreign national.A division bench of Justices Makarand Karnik and Valmiki SA Menezes said a parent giving up Indian citizenship would not affect the citizenship status of the child, who got Indian citizenship by virtue...

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, which granted custody of two minor boys of...