Bombay High Court
Section 498A IPC Is Indeed Being Misused, Even Bed-Ridden Persons Are Being Roped In: Bombay High Court Observes Orally
The Bombay High Court on Wednesday reiterated its concerns over the rampant misuse of section 498A of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while maintaining that they do have "sympathy for the victims" of the offences under section 498A, said they yet feel that the law is being misused. "Mr counsel, we can say that 498A is being...
Senior Advocates Cannot Intimidate Juniors: Bombay High Court Raps Senior Lawyer For Raising Voice At Newly Appointed State Counsel
The Bombay High Court on Wednesday pulled up a Senior Advocate for "intimidating" a newly appointed Assistant Public Prosecutor (APP) while arguing a criminal matter.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan lost their cool when a designated senior counsel tried to intimidate the lady APP by raising his voice. "Mr advocate you need to stop this. We are not going...
[Maharashtra Cooperative Societies Act] No Provision For Cooperative Court To Return Plaint Before Appropriate Court When It Lacks Jurisdiction: HC
The Bombay High Court observed that there is no provision in the Maharashtra Co-operative Societies Act, 1960 (MCS Act) which empowers the Cooperative Court to return a plaint before an appropriate court when the Cooperative Court has no inherent jurisdiction to try the concerned dispute.It further observed that even though the Civil Procedure Code, 1908 (CPC) is applicable to a Cooperative...
Bombay High Court Grants Bail To Five Members Of Sanatan Sanstha, Hindu Janjagruti Samiti Booked For Conspiring To Bomb 2018 Sunburn Fest
The Bombay High Court recently granted bail to five men, alleged members of Hindu right-wing organisations - 'Sanatan Sanstha' and 'Hindu Janjagruti Samiti' arrested in 2018 for their alleged conspiracy to explode bombs at the then ongoing Sunburn festival in Pune district to terrorise the participants. A division bench of Justices Bharati Dangre and Manjusha Deshpande while granting bail...
Bombay High Court Quashes Show Cause Notice Issued Without Mentioning Documents Required To Be Furnished By Assessee
The Bombay High Court has quashed the show cause notice, which was in a printed format with only the period, date, and time filled up and did not give details of the information or documents required to be furnished.The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that before passing best judgment assessment, Section 23(2) provides that if the registered dealer fails...
Keeping Mutual Divorce Proceedings Pending Causes Mental Agony: Bombay High Court Waives 6 Months Cooling Period, Dissolves Marriage
A newly married couple, unable to reside together for various reasons, itself is mental agony, said the Bombay High Court recently, while holding that in cases where the wife and husband have agreed to mutual divorce and there being no scope for reconciliation, the mandatory six months cooling off period can be waived off.Single-judge Justice Gauri Godse dissolved a marriage between a...
Pulling Woman's Hair, Pushing Her During Quarrel Doesn't Outrage Her Modesty: Bombay HC Grants Relief To 5 Followers Of Bageshwar Baba
The Bombay High Court on Monday said that merely pulling hair or pushing a woman during a quarrel does not amount to outraging her modesty as there must be an 'intention' to outrage her modesty.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan refused to direct Mumbai Police to invoke section 354 of the Indian Penal Code (IPC) against five men - Abhijit Karanjule,...
No Premeditation: Bombay High Court Quashes Attempt To Murder Charge Against Man Booked For Pouring Rat Poison In Wife's Mouth During Quarrel
The Bombay High Court has acquitted a man from charges of attempt to murder holding that his act of pouring poison in the mouth of his wife during a quarrel was not 'premeditated' and thus can be punished under charges of attempt to culpable homicide.Single-judge Justice Sarang Kotwal while acquitting one Namdeo Chormule noted that he was convicted by a court in Solapur for pouring rat poison...
Cases Filed Before July 1, 2024, Will Be Investigated As Per CrPC And Not BNSS: Bombay High Court
In a significant order, the Bombay High Court's Goa bench recently held that in cases lodged before July 1, 2024, the provisions of the now repealed Criminal Procedure Code (CrPC) will apply to the investigations and not the Bharatiya Nagarik Suraksha Sanhita (BNSS).Single-judge Justice Bharat Deshpande rejected the argument that since the new law has come in, the cases lodged prior to July...
No Provision Under CPC To Extend Time For Filing Written Statement Due To Pendency Of Miscellaneous Application: Bombay High Court
The Goa Bench of Bombay High Court observed the Civil Procedure Code (CPC) does not provide for any exclusion or extension of time period during which a miscellaneous application was pending while calculating the condonation of delay in filing a written statement.Background of caseA single judge bench of Justice Bharat P. Deshpande was considering the petitioner's challenge to the Trial...
Bombay High Court Dismisses PIL Challenging Maharashtra Govt's 'Ladki Bahin' And 'Yuva Karya' Schemes
The Bombay High Court has dismissed the Public Interest Litigation (PIL) challenging the Maharashtra Government's 'Ladki Bahin Yojana' and 'Yuva Karya' schemes.The Ladki Bahin scheme intends to give financial assistance of Rs. 1500 per month to women from economically weaker backgrounds. Whereas, the Yuva Karya scheme will provide stipends ranging from Ra. 6000 to Rs. 10000 per month to...
Not Mandatory For Assessment Order To Contain Reference Disclosing Its Satisfaction Of Each And Every Query: Bombay High Court
The Bombay High Court has held that it is not mandatory for assessment orders to contain reference and/or discussion to disclose its satisfaction in respect of each and every query raised.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that since there is no discussion or finding on the issue of hazardous waste in the order, the respondent department should be taken...