Bombay High Court
Bombay High Court Monthly Digest: February 2024
Nominal Index [Citation 52 – 117]Dr. Ramchandra Bapu Nirmale v. State of Maharashtra and Ors. 2024 LiveLaw (Bom) 52Kamath Brothers (Dwarka) & Ors v. Municipal Corporation of Greater Mumbai & Ors. 2024 LiveLaw (Bom) 53Amar Sadhuram Mulchandani v. Directorate of Enforcement and Ors. 2024 LiveLaw (Bom) 54Kangana Ranaut v. State of Maharashtra and Anr. 2024 LiveLaw (Bom) 55ABC and Anr....
"Illiterate, Unable To Understand Pleadings": Bombay High Court Allows Pardanashin Woman To Add Facts Omitted Earlier In Written Statement
The Bombay High Court recently allowed a pardanashin lady to amend her written statement in a suit against her despite the facts proposed to be introduced via the amendment being already known to her and still not included in the original written statement.Justice BP Deshpande of the Nagpur Bench set aside appellate court's order rejecting her prayer for amendment, observing that though she...
Boyfriend's Family Merely Opposing The Relationship On A Single Occasion Not Sufficient To Attract Offence Of Abetment Of Suicide: Bombay HC
The Bombay High Court recently discharged a mother-daughter duo booked in an abetment to suicide case for allegedly opposing the relationship of the son with the deceased due to her caste.Justice MS Karnik set aside an order of the Additional Sessions Judge rejecting their discharge application observing –“Amol was in a love relationship with the deceased for a considerable period of time....
Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.
The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2(zk). Consequently, they will be liable to refund the amount with interest to the allottees under Section 18 of the Real Estate (Regulation...
NEET Applications Availing 10% Maratha Quota Subject To HC Orders In Pleas Challenging Maratha Reservation: Bombay High Court
The Bombay High Court held today that any applications received under the advertisement for NEET exam or similar advertisements availing Maratha quota would be subject to further HC orders on petitions challenging the reservation.The court directed that the candidates should be informed of the orders passed by it in petitions against the Maharashtra State Reservation for Socially...
“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs
The Bombay High Court has granted bail to Hari Sankaran (63), prime accused in the high-profile Rs. 94 crore IL&FS alleged fraud case, five years after his arrest.Sankaran, the former Vice Chairman and Managing Director of IL&FS Financial Services Ltd. (IFIN), was arrested on April 1, 2019, by the Serious Fraud Investigation Office (SFIO) for offenses punishable under Sections 447 of...
Bombay High Court Orders State Govt To Immediately Repair Internal Roads Of Mumbai's Aarey Milk Colony
The Bombay High Court on Wednesday directed the state government's Department of Agriculture, Animal Husbandry, Dairy and Fisheries Development to immediately initiate the repair or reconstruction of internal roads of the Aarey Milk Colony in Mumbai.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor directed that the authorities “shall be guided by...
Bombay High Court Upholds Conviction Of “Mantrik” For Rape Of Six-Year-Old Girl Who Died After Pretend Exorcism
The Bombay High Court on Wednesday upheld a man's conviction for raping a six-year-old child under the pretext of exorcising and driving out evil spirit from her. The girl passed away after this incident.Justice Abhay S Waghwase of the Aurangabad bench observed that there was sufficient eyewitness testimony to establish the rape charge despite there being no medical evidence as her...
Bombay High Court Weekly Roundup: February 26 To March 3, 2024
Nominal Index [Citation 106 - 119] Grand Paradi Co-operative Housing Society Ltd. & Ors. v. Mont Blanc Properties & Industries Pvt. Ltd. & Ors. 2024 LiveLaw (Bom) 106 State of Maharashtra v. Dr. Anil Pinto 2024 LiveLaw (Bom) 107 Shendra Advisory Services P. Ltd. v. Deputy Commissioner of Income Tax 2024 LiveLaw (Bom) 108 ABC v. State of Maharashtra 2024 LiveLaw (Bom) 109...
Bombay High Court Sets Aside Police Custody Of NCP Worker Booked For Uploading Video Containing Death Threats To Dy CM Devendra Fadnavis
The Bombay High Court on Wednesday set aside the sessions court order granting police custody of NCP (Sharadchandra Pawar) worker Yogesh Rajendra Sawant arrested for allegedly posting a video containing death threats to Deputy CM Devendra Fadnavis.Justice RN Laddha allowed Sawant's writ petition against the order of the Additional Sessions Judge as Sawant was already in judicial custody and...
“Life Of Litigants, Advocates & Govt Employees At Risk” – Plea In Bombay High Court Seeks Reconstruction Of Dilapidated Mulund Court Building, HC Issues Notice
The Bombay High Court has issued notice to the state on an advocate's plea highlighting the dilapidated condition of the Mulund Court building, seeking reconstruction.A proposal to reconstruct the building has remained on paper for over 20 years, the petitioner claimed. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said that AGP shall have...
GN Saibaba Case | Merely Downloading Naxal Literature Not An Offence Under UAPA: Bombay High Court
Merely downloading Communist or Naxal literature from the internet or being a sympathizer of the philosophy is not an offence under the Unlawful Activities Prevention Act (UAPA), the Bombay High Court has held.The court said that in addition to the literature, evidence was required to connect the accused to specific incidents of violence and terrorism, which would be offences within the...