Bombay High Court
Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court
The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005 (DV Act).Justice GA Sanap of the Nagpur bench observed that the Act is a social beneficial legislation and the lawmakers worded section 27 of the Act keeping in mind possible domestic...
Bombay High Court Weekly Round-Up: April 10 To April 16, 2023
Nominal Index [Citation 186 - 196]VJ Jindal Cocoa Pvt Lt v. Union of India & Ors. 2023 LiveLaw (Bom) 186Ramnagesh Srinivas Akubathini v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 187Ashok Ratnapal Narwade v. Maharashtra State Electricity Distribution Co. Ltd. 2023 LiveLaw (Bom) 188Ashu Dutt v. Aneesha Dutt 2023 LiveLaw (Bom) 189Kirti Kumar Jayantilal Patel v. State of Maharashtra...
Whether A Signed Copy Or Certified Copy Of The Award, Purpose Of S. 31(5) of A&C Act Is To Inform The Party: Bombay High Court
The Bombay High Court has ruled that the purpose of Section 31(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), which provides for delivery of the signed copy of the arbitral award, is of imparting knowledge to the party regarding the contents of the award, and to make the party aware that the limitation to raise a challenge has started to run. The court held that the...
Bombay High Court Refuses Relief To Divorced Woman Who Remarried During Appeal Period
The Bombay High Court rejected a woman’s interim application seeking dismissal of her husband’s appeal against their divorce decree on the ground that she had already married someone else.The court observed that the “Family Court Appeal filed by the husband within the appeal period (of 90 days) would not be rendered infructuous upon the Applicant (wife) having contracted second marriage...
Prima Facie Forest Officials Want Tribal Near Tadoba Tiger Reserve Evicted Without Following Due Process: Bombay High Court
Observing that prima facie officials of the forest department wanted to evict a tribal living on the borders of the famous Tadoba Tiger Reserve in Maharashtra without following due process, the Bombay High Court rejected a Civil Revision Application filed by the State.Justice MS Jawalkar noted that without giving the tribal a hearing, his claim to four hectares of land was rejected and the...
Trial Court Had Duty To Interview 10 Yrs Old Child & Understand His Desire: Bombay High Court Sets Aside Order Granting Custody To Father
The Bombay High Court set aside a custody order citing the trial court's failure to interview the child to ascertain his wish.Justice Urmila Joshi Phalke of the Nagpur bench sent the case back to the trial court for fresh consideration observing that the trial court should have conducted an in-camera interview of the child before deciding the matter.“It was the duty of the trial court to...
Widow Not Liable To Maintain In-Laws Under Section 125 CrPC: Bombay High Court
The Bombay High Court recently held that parents-in-law are not entitled to maintenance from their widowed daughter-in-law under section 125 of CrPC.Justice Kishore C Sant sitting at Aurangabad noted that the list of relatives entitled to claim maintenance under the provision is exhaustive and does not include father-in-law and mother-in-law.“it is clear that the respondents are not entitled...
After 9 Yrs Bombay High Court Discontinues Monitoring Anti-Superstition Crusader Narendra Dabholkar’s Murder Probe; Kin Say Masterminds Yet To Be Nabbed
The Bombay High Court on Tuesday refused to continue monitoring the murder probe of anti-superstition crusader Narendra Dabholkar, who was shot dead for ideological reasons on his morning walk in 2013.“…No further monitoring is required,” the division bench of Justices Ajay S Gadkari and Prakash Naik said while disposing of two petitions, one filed by Dabholkar’s kin....
'Iniquitous And Harsh': Bombay High Court Refuses Recovery Of Excess Amount From High School Lecturer’s Widow Despite Deceased's Undertaking
Despite the employee’s undertaking at the time of pay fixation to refund any excess amount paid to him, the Bombay High Court quashed an order to recover excess amount of over two lakhs from the widow of a high school lecturer. A division bench of Justice AS Chandurkar and Justice MW Chandwani noted that the widow and her children are completely dependent on the pension of Rs. 14,250/-...
Six Year Old Not Expected To Know Culprit's Full Name: Bombay High Court Upholds Rape Conviction
Observing that a 6-year-old child is not expected to know the full name of the person who raped her, the Bombay High Court recently upheld the conviction of a 38-year-old man who was booked after the child provided his nickname to the police.A division bench of Justice Vibha Kankanwadi and Justice YG Khobragade sitting at Aurangabad held the fact that the child's mother provided the full...
1993 Bombay Blasts | Bombay High Court Rejects Convict Sardar Shahvali Khan's Plea For Transfer To Open Prison
The Bombay High Court has denied 1993 Bombay blasts convict Sardar Shahvali Khan's request to be transferred to an open prison. The Enforcement Directorate has cited Khan as a witness against NCP leader Nawab Malik in a money laundering case.A division bench of Justice Mangesh Patil and Justice Abhay S Waghwase sitting at Aurangabad held that the convicts under the Terrorist and...
Interpol's Notices Will Be Issued To Locate Producer Mushtaq Nadiadwala's Children In Pakistan: CBI Tells Bombay High Court
The Central Bureau of Investigation informed the Bombay High Court on Monday that INTERPOL's Yellow Notices for missing children will be issued to locate producer Mushtaq Nadiadwala's children currently in Pakistan.The CBI explained that it required certain details of the children to get the notices, which Nadiadwala, through his lawyer, promised to share within 48 hours. "The Interpol to...