Bombay High Court
[IT Rules Amendment] Differentiating Fake News About Govt And Other Forms Of Fake News Arbitrary, Violates Article 14: Kunal Kamra In Bombay HC
Users who routinely comment or engage with subjects relating to the Central Government’s business face potentially devastating consequences if the MeitY’s fact checking unit (FCU) is notified, comedian Kunal Kamra stated in written submissions before the Bombay High Court.The note was tendered yesterday wherein Kamra sought an interim stay on the IT Amendment Rules 2023. The Rules...
Will Instruct Authorities Not To Use New Name For Aurangabad Till Name Change Process Is Complete: Maha Govt To Bombay High Court
The Maharashtra government informed the Bombay High Court on Monday that it will instruct the concerned authorities not to change the name of Aurangabad district and revenue authorities in official communications until procedure of renaming them is complete.“We will record that you will issue directions that the names of the concerned revenue and district authorities will not be changed by...
Maharashtra Panchayat Act | Collector Has Exclusive Jurisdiction To Determine If Election Candidate Disqualified Due To False Caste Claim: High Court
The Bombay High Court recently held that the Collector has exclusive jurisdiction to determine whether an electoral candidate is disqualified from Panchayat membership due to submission of false caste certificate under the Maharashtra Village Panchayat Act, 1958.Justice Arun R Pedneker of the Aurangabad bench, while dismissing a woman’s writ petition challenging her disqualification...
IT Rules Amendment Prima Facie Lack Necessary Safeguards To Protect Satire: Bombay High Court In Kunal Kamra’s Challenge
The new amendment to IT Rules 2022 prima facie lacks the necessary safeguards, the Bombay High Court observed on Monday in the plea filed by stand-up comedian Kunal Kamra.A division bench of Justices Gautam Patel and Neela Gokhale made the observation while refusing to adjourn the matter for ad- interim reliefs beyond Thursday. “The (Union's) affidavit says that satire etc will be exempt...
Worried About Docket Exclusion, Not Docket Explosion: Bombay High Court's Acting Chief Justice
“I am not worried about docket explosion even for a moment, our judges are competent to deal with that…I am worried about docket exclusion”, Bombay High Court Acting Chief Justice SV Gangapurwala said on Saturday while talking about the importance of Alternate Dispute Resolution in the justice system.Justice Gangapurwala was addressing the inauguration function of the new City Civil...
Bombay High Court Weekly Round-up: April 17 To April 23, 2023
Nominal Index [Citation 197 - 212]Raju Pednekar v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 197Sardar s/o Shahvali Khan v. State of Maharashtra 2023 LiveLaw (Bom) 198Satish s/o Ramesh Nandre v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 199Sudha wd/o Bhagirath Meshram v. Zilla Parishad and Ors. 2023 LiveLaw (Bom) 200Mukta Dabholkar & Anr. v. Central Bureau of Investigation...
Unregistered Relinquishment Deed Inadmissible As Evidence: Bombay High Court
The Bombay High Court recently held that a deed for relinquishment of inherited property is not admissible in evidence unless it is registered.Justice MS Jawalkar of the Nagpur bench set aside an order dismissing a sister’s partition suit on the ground that she signed a relinquishment deed observing that the brother never produced the deed. “As such, relinquishment deed requires to...
MV Act | Crane Used Within Coal Mine Premises Falls Under Definition Of Motor Vehicle: Bombay High Court
The Bombay High Court recently held that a crane used within coal mine premises falls within the definition of “motor vehicle” under Motor Vehicles Act, 1988 (MVA).Justice Urmila Joshi Phalke of the Nagpur bench upheld a compensation order for the family of a Western Coalfields Ltd. (WCL) employee who died after colliding with a crane being operated by another employee.“…the contention...
Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document
The Bombay High Court upheld acquittal of five persons in a forgery case citing defective investigation as there was no handwriting expert report regarding the authors of the signature on the forged document.Justice GA Sanap observed that the possibility of the complainant himself having forged the signatures cannot be ruled out in the absence of a handwriting report.“There is no report of...
Goa Value Added Tax (12th Amendment) Act, 2020 Defies The Doctrine Of Separation Of Powers: Bombay High Court
The Bombay High Court has held that the Goa Value Added Tax (12th Amendment) Act, 2020, is an impermissible judicial override defying the doctrine of separation of powers.The bench of Justice M. S. Sonak and Justice Bharat P. Deshpande has observed that by simply not issuing sanction orders or delaying the issue of sanctions indefinitely or unreasonably, the state cannot arbitrarily deprive...
People Largely Rely On Social Media For News, IT Rules Amendment In Public Interest, Won't Prevent Opinions Or Satire: Centre In Bombay High Court
The Union Government’s impending Fact Checking Unit may only direct removal of false or misleading information pertaining to Government policies and programs, not satire or artist impression, the Ministry of Electronics and Information Technology (MeitY) has told the Bombay High Court.“It is reiterated that the role of the fact check unit is restricted to any business of the...
Bombay High Court Upholds Industrial Tribunal's Interim Order Directing Global Pharma Leader Sandoz To Re-Employ/ Pay Security To Retrenched Workers
The Bombay High Court has upheld an interim order against Sandoz Private Limited, a global leader in generic pharmaceuticals and biosimilars, directing it to re-employ workers it retrenched or provide security over applicable wages till pendency of the industrial complaint.Justice NJ Jamadar took strong exception to the manner in which Sandoz retrenched its employees a night before their...