Bombay High Court
Bombay High Court Issues Contempt Notices To Lawyer, Client For Seeking Judge's Recusal Based On 'Fabricated' News Clipping Against Him
The Bombay High Court has directed registration of a suo motu contempt petition against lawyers - Zoheb Merchant and Minal Chandnani, and their client for using a fabricated news article with scandalous allegations against a judge to get him to recuse himself from hearing the case.A division bench comprising Justices Anuja Prabhudessai and NR Borkar observed such allegations didn't merely...
Bombay High Court Refuses To Extend Deadline For Dwarka Restaurant & Other Occupants To Vacate Premises At Dalal Street Junction
The Bombay High Court recently refused to extend the deadline of January 29, 2024, for Dwarka restaurant and other occupants to vacate their premises situated at the junction of Dalal Street and Nagindas Master Road in Fort, Mumbai, so that the owner can undertake repairs. The restaurant is no longer operating in the concerned building.The building DG Chambers is owned by Irishman Developers,...
Maharashtra Civil Services Rules | Penalty Of Reduction In Pay Scale Doesn't Extend Beyond Period Of Employment, Impact Post-Retirement Benefits: High Court
The Bombay High Court recently observed that the effect of reduction in pay scale of a state government servant, as a form of punishment, does not extend beyond the period of employment and impact post-retirement benefits.A division bench of Justice AS Chandurkar and Justice Jitendra Jain allowed a petition filed by one Dr. Ramchandra Bapu Nirmale seeking calculation of his pension based on...
Bombay High Court Weekly Round-Up: January 22 - January 28, 2024
Nominal Index [Citation 34 – 43]Amit Satish Dhutia v. State of Maharashtra 2024 LiveLaw (Bom) 34Sesa Sterlite Ltd. v. State of Goa 2024 LiveLaw (Bom) 35Abhishek s/o Vinodsingh Thakur and Anr v. State of Maharashtra 2024 LiveLaw (Bom) 36Shera Noshir (@ Naushir) Vajifdar v. Bank of Baroda and Ors. 2024 LiveLaw (Bom) 37Imtiyaz Hussain Sayyad v. State of Maharashtra and Ors. 2024 LiveLaw...
Justice Gautam Patel Holds IT Rules Amendment Violate Article 19(1)(g), Says It Pushes Out News From Digital Cycle While It Continues In Print
Justice Gautam Patel of the Bombay High Court held that the proposed Fact Check Unit under the 2023 amendment to the Information & Technology Rules 2021 directly infringed fundamental rights under Article 19(1)(g) due to the differential treatment between online and print content.Article 19( 1)(g) of Constitution of India deals with freedom to practice one's profession or business and...
Threat Of Disinformation Has Evolved To Warfare, Can Influence Election Outcome; Govt FCU Meant To Curb This Menace: Justice Neela Gokhale
Justice Neela Kedar Gokhale of the Bombay High Court on Wednesday highlighted the threat posed by dissemination of false information and observed that the right to participate in democracy is meaningless unless citizens have access to authentic information and are not misled by misinformation knowingly communicated with malicious intent.Justice Gokhale made these observations in her...
Govt In Best Position To Provide Correct Facts About Itself; Criticism, Political Satire Not Stifled By IT Rules Amendment: Justice Neela Gokhale
In a split judgement, Justice Neela Kedar Gokhale of the Bombay High Court said she would uphold the 2023 amendment to IT Rules, 2021 empowering the government to establish a Fact check Unit and declare online content related to the government's business on social media platforms as fake, false or misleading. Justice Gokhale rejected the argument that the impugned Rule, by...
Govt Has The Loudest Voice With Biggest Megaphone, Doesn't Need A Fact Check Unit For Its Protection: Justice Gautam Patel On IT Rules Amendment
In a split judgement Justice GS Patel of the Bombay High Court said he would strike down Rule 3(1)(b)(v) of the IT Rules amendment 2023 empowering the government to establish a Fact check Unit and unilaterally declare online content related to the government's business on social media platforms as fake, false or misleading.Calling it a form of "censorship", Justice Patel held that the...
Breaking | Bombay High Court Delivers Split Verdict On Pleas Challenging IT Rules Amendment, Govt To Not Notify 'Fact Check Unit' For 10 Days
The Bombay High Court today delivered a split verdict on the pleas seeking to strike down Rules 3(i)(II)(A) & (C) of the IT Amendment Rules, 2023 which empowers the Central government to establish a fact-checking unit (FCU) to identify any 'fake, false or misleading' information about its business on social media platforms.Justice Gautam Patel said he has ruled in favour of the...
'Finality Of Decision And Non-Arbitrability' Clause In GCC Does Not Imply An Arbitration Agreement: Bombay High Court
The Bombay High Court has rejected a construction company's claim that the dispute resolution clause in the General Conditions of Contract with Mumbai Municipal Corporation constituted a valid arbitration agreement due to a lack of mutual intention to arbitrate.s The court pointed out that the title "Finality of Decision and Non-Arbitrability" of the clause clearly indicates the...
Bombay High Court Service And Labour Laws Digest 2023
1. Bombay High Court Allows Compassionate Appointment To Teacher's Brother As He Is Looking After Family Of The Deceased Case Title: Vinod v. State of Maharashtra Citation: 2023 LiveLaw (Bom) 11 The Bombay High Court's Nagpur bench carved out an exception to continue the compassionate appointment of a junior clerk after the demise of his married brother on the grounds that he...
Much More In Life Than Material Things: Bombay High Court Laments Mother's Ouster From Home, Orders Son To Vacate Premises
The Bombay High Court today ordered a man and his wife to vacate his elderly mother's house observing that it was unfortunate that the mother, in her twilight years, was ousted from her house by her son rather than receiving love and care. “The feeling of being disowned by one of her sons itself has caused her a trauma. None of the parents should suffer this way. In one's life, there is...