Bombay High Court
Bombay High Court Suspends Sentence Of Former Nagpur Congress MLA Sunil Kedar Convicted In Bank Scam Case Of Over ₹153 Crores
The Bombay High Court on Tuesday granted bail to disqualified Congress MLA Sunil Chhatrapal Kedar convicted last month in a case involving a scam of over Rs. 153 Crores while he was the chairman of a cooperative bank.Kedar sought suspension of his sentence awarded by a magistrate court in Nagpur and enlargement on bail till his appeal against conviction pending before the Sessions Court...
State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation
The State cannot cite delay in approaching the court to absolve itself of its responsibility towards those whose private property has been “expropriated” or taken for public use without compensation, the Bombay High Court has held. It ruled in favour of urban landowners who approached the court in 2021, nearly four decades after an electricity sub-station was built on their land.A...
HC In Revisional Jurisdiction Can Suspend Sentence Even If Convict Has Not Surrendered After Failed Appeal: Bombay High Court
The Aurangabad Bench of Bombay High Court held recently that a High Court, while entertaining a criminal revision application, can suspend the sentence of convicts even if they have not surrendered.A division bench of Justice Mangesh S Patil and Justice SG Chapalgaonkar observed that when appeal against conviction has failed but the convict has not surrendered, the High Court in its...
S.353 CrPC | Bombay High Court Permits Accused With 83% Disability Residing In Haryana To Attend Pronouncement of Judgment Via VC
The Bombay High Court has allowed a man with 83% physical disability accused in a cheating and corruption case and residing in Panipat, Haryana, to attend the pronouncement of judgment in his trial via video conferencing. Justice MS Karnik held that the same direction passed by the High Court in November 2023 while exempting the man from physical presence in Bombay City Civil and Sessions...
Bombay High Court Allows Cross Maidan To Be Used For Kala Ghoda Arts Festival From January 20-28, With Conditions
The Bombay High Court on Tuesday granted permission to the Kala Ghoda Association (KGA) with certain riders to hold its annual arts and culture events at Cross Maidan in South Mumbai from January 20 – 28, 2024 as part of the Kala Ghoda Arts Festival.A division bench of Justices Gautam S Patel and Kamal R Khata further dispensed with the necessity for the association to apply to the High...
Domestic Violence Complaint Maintainable Against Daughter-In-Law But Not Maintainable Against Her Father, Brother: Bombay High Court
The Bombay High Court has held that a complaint filed by a mother-in-law (MIL) against her daughter-in-law (DIL) under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is maintainable. However, it quashed the complaint against the daughter-in-law's father and brother.“While the object and purpose of the DV Act is to protect a woman from domestic violence, it does not confer...
Husband Can't Deny Maintenance To Wife Just Because She Is Staying In Matrimonial Home : Bombay High Court
The Bombay High Court has held that a woman residing in the matrimonial home would also be entitled to maintenance to meet her basic expenses. The court dismissed a petition filed by a husband challenging the interim maintenance granted by a Family Court to his estranged wife and minor son.The Family Court had directed the husband to pay Rs. 15,000 per month to his wife and Rs. 10,000 for...
Abetment Of Suicide Charge Can't Be Converted To Murder Charge Based On 'Stray Observations' Of Medical Officer: Bombay High Court
The Bombay High Court recently quashed a Sessions Court order directing addition of murder charge against three accused in a 2014 dowry death case in Pune observing that accused couldn't be convicted based on stray observations of the medical officer.“Imagination cannot be taken to such an extent to prosecute the Accused for [such a] serious offence. All throughout it's the case of...
Kangana Ranaut Approaches Bombay HC For Stay On Defamation Case Filed Against Her By Javed Akhtar, Seeks For It To Be Heard With Her Cross-Complaint
Actor Kangana Ranaut has approached the Bombay High Court seeking a stay on the criminal defamation case filed against her by lyricist Javed Akhtar in 2020 and further prayed for the case to be heard along with the cross-complaint she subsequently filed against him.While the defamation case Akhtar filed against Ranaut is ongoing before the Magistrate in Andheri, Kangana's complaint against...
Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order
The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. Justice Sarang V Kotwal observed that it is a serious offense extending beyond the immediate victim, affecting the public's faith in the legal system and thus, no leniency could...
Muslim Women (Protection of Rights on Divorce) Act | Divorced Woman Entitled To Maintenance Regardless Of Remarriage: Bombay High Court
The Bombay High Court recently held that a Muslim woman is entitled to maintenance from her first husband after divorce under the Muslim Women (Protection of Rights on Divorce) Act, 1986 (MWPA) despite remarrying. Justice Rajesh Patil observed that there is no condition under section 3(1)(a) of MWPA disentitling a Muslim woman from getting maintenance after remarriage.“The protection...
Suspended Employee Not Required To Mark Daily Attendance For Subsistence Allowance: Bombay High Court
Bombay High Court has held that an employee is entitled to receive subsistence allowance during suspension as per Section 10A of the Industrial Employment (Standing Orders) Act, 1946, without any condition imposed by the employer requiring the employee to mark daily attendance at the workplace.Subsistence allowance is given to an employee to maintain himself and his family during suspension...