Bombay High Court
S.125 CrPC | Woman Who Married Man Under Misrepresentation That He Was Divorced Is Entitled To Maintenance As His 'Wife': Bombay High Court
A woman who married a man under the misrepresentation that he was divorced would be treated as his 'wife' under Section 125 CrPC, and she is entitled to maintenance, the Bombay High Court has recently held.Justice Rajesh Patil ruled "that respondent cannot be allowed to deny the maintenance claim to the Petitioner, taking advantage of his own wrong. I am of the opinion as held in Dwarika...
Bombay High Court Takes Suo Moto Cognizance Of Non-Production Of Undertrials, Directs State To Utilize Budget For VC Facilities Before March 31
The Bombay High Court on Wednesday took suo moto cognizance of the issue of non-production of the undertrial prisoners before the appropriate courts at various stages. Justice Bharati Dangre was dealing with a bail application by one Tribhuvansingh Raghunath Yadav, an accused in a forgery case who wasn't produced before the Metropolitan Magistrate Court in Andheri on 23 dates either physically...
Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court
The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident.Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income.“This salary slip shows...
No Justification For Imposing Maximum Penalty: Bombay HC Upholds Penalty Reduction For Rajasthan Royals Owners Over FEMA Violation, Dismisses ED Appeal
The Bombay High Court on Wednesday upheld the reduction of the total penalty imposed on Jaipur IPL Cricket Pvt. Ltd. (JIPL), owner of the Rajasthan Royals franchise, from Rs. 98.35 crores to Rs. 15 crores for violation of foreign exchange laws and regulations.A division bench of Justice KR Shriram and Justice Neela Gokhale observed that the Special Director of Enforcement failed to provide...
Bombay High Court Calls For Time Limit On Disposal Of Second Appeals Under RTI Act, Seeks Enhanced Efficiency Of State Information Commission
The Bombay High Court on Wednesday urged the Maharashtra State Information Commission (SIC) to establish a reasonable time limit for the expedited disposal of second appeals and complaints filed under the Right to Information (RTI) Act, 2005. A division bench of Justice Devendra Upadhyaya and Justice Arif Doctor asked the SIC to evolve norms for more efficient functioning once its vacancies...
Bombay High Court Directs Election Commission Of India To Conduct Bye-Election for Vacant Pune Lok Sabha Seat
The Bombay High Court on Wednesday ordered the Election Commission of India (ECI) to conduct a bye-election immediately for the Pune Lok Sabha constituency, which has been vacant since the death of MP Girish Bapat on March 29, 2023. A division bench of Justice GS Patel and Justice Kamal Khata criticized the ECI's reasoning for not conducting the by-election, claiming that it has been too...
Such Acts Must Be Nipped In The Bud: Bombay High Court Upholds Termination Of Employee Over Provocative Facebook Posts
The Bombay High Court on Tuesday upheld the termination of an employee of Hitachi Astemo Fie Pvt. Ltd., an auto parts manufacturer, who was fired over provocative posts on Facebook.Justice Milind N Jadhav observed –“Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences. In a given case,...
'Sorry State Of Affairs That System Has Forgotten Applicant': Bombay HC Seeks Explanation On Accused Held For 5 Yrs Without Framing Charges
The Bombay High Court on Monday sought an explanation from the District Judge, Thane and the District Judge and Additional Sessions Judge, Belapur for the prolonged delay in trial in a murder case in which the accused has been in custody for the past 5 years without framing of charges.Justice Bharati Dangre expressing dismay over the prolonged delay said that it is time to fix accountability...
Bombay High Court Upholds Eviction Citing Genuine Need Of Owners Living With 11 Family Members, Says Tenant Can't Ask Landlord To 'Adjust'
The Bombay High Court recently observed that the property owner is the best judge of his residential needs, and the tenant cannot make the landlord adjust to smaller premises to protect the tenancy.Justice Anuja Prabhudessai upheld an eviction decree observing that the landlords showed a “reasonable and bonafide requirement” of the premises as they along with 11 family members were...
High Court Denies Protection To Vithal-Rukumai Temple In South Mumbai Citing Lack Of Declaration As Monument Of National Or State Importance
The Bombay High Court held that it cannot issue direction for protection of a site as a monument of historical importance in the absence of a formal declaration of the site as a monument of State/National importance or a heritage site under a Central or State law or the Development Control and Promotion Regulations for Greater Mumbai (DCR).A division bench of Chief Justice Devendra...
Tea Stored In Warehouse Is An Agricultural Produce, Not Exigible To Service Tax: Bombay High Court
The Bombay High Court has issued a writ of certiorari against the Appellate Authority of Advance Ruling (AAAR) and held that “tea” stored in warehouses is agricultural produce and is not eligible for service tax.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that a writ of certiorari can be issued only when there is a failure of justice and that it cannot be...
Bombay High Court Weekly Round-up: December 04, 2023 To December 10, 2023
Nominal Index [Citation 561 - 576]Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd. 2023 LiveLaw (Bom) 561Mataji Educational Institution and Anr. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 562Sunil Achyutrao Thete v. State of Maharashtra 2023 LiveLaw (Bom) 563Peoples Education Society Thane v. Assistant Commissioner of Income Tax 2023 LiveLaw (Bom) 564Harish B. Bhoite v. State...