Bombay High Court
Bombay HC Quashes FIR Against Retd Professor Who Sent Obscene Message To Female Colleague, Claiming To Be Suffering From 'Mental Illness'
The Bombay High Court last week quashed a stalking case against a retired professor, who sent an 'obscene and objectionable' message to a female colleague, after noting that the accused was suffering from 'mental imbalance.'A division bench of Justices Sarang Kotwal and Shriram Modak noted that the complainant woman, too have given her consent to quash the First Information Report (FIR) that...
'High-Handed' : Bombay High Courts Slams Nagpur Civic Body For Demolishing Homes Of Accused In Communal Violence
The Bombay High Court on Monday pulled up the Nagpur Municipal Corporation (NMC) for its 'high-handed' approach in razing the houses of the persons named as accused in the recent communal violence in the city.A division bench of Justices Nitin Sambre and Vrushali Joshi heard the petitions filed by one Jehrunissa Shamim Khan, mother of prime accused Fahim Khan, who apprised the bench of the...
Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC
The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 (Limitation Act) can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) due to the prevailing legal position at...
Retired Employee Entitled To Interest On Delayed Retirement Benefits After Exoneration In Departmental Inquiry: Bombay HC
Bombay High Court: A Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe ruled in favor of a retired Municipal Corporation employee, directing payment of interest on delayed retirement benefits. The court held that when retirement benefits are withheld due to pending inquiry and the employee is subsequently exonerated, interest becomes payable from the date following...
Court Must Assign Reasons For Accepting Or Rejecting Grounds Of Challenge U/S 34 Of Arbitration Act: Bombay High Court
The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh Patil has held that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be dismissed merely by stating that the scope of interference is limited; the court must address each ground of challenge and provide reasoned findings. Brief Facts: The appellant (hereinafter...
Bombay High Court Weekly Round-Up: March 17 – March 23, 2025
Nominal Index: 2025 LiveLaw (Bom) 97 to 2025 LiveLaw (Bom) 109Rajesh Shantilal Adani & Anr. vs. State of Maharashtra & Anr. & Connected Matter, 2025 LiveLaw (Bom) 97V. Ravi Prakash vs. Mumbai Metropolitan Region Development Authority & Ors., 2025 LiveLaw (Bom) 98Mondelez India Foods Pvt. Ltd. v. Deputy Director, Employees' State Insurance Corporation, 2025 LiveLaw (Bom)...
Have Formed 12-Member Panel To Issue Guidelines Regulating Spas, Massage Centres & 'Cross-Gender' Massages: State Govt To Bombay HC
The Bombay High Court was on Friday informed that the Maharashtra government has constituted a committee of 12 members to formulate guidelines for regulating the operations of spas, massage centres, therapy and wellness centres across the State including 'cross-gender' massages. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale was informed that the State has issued...
Are You A Governing Body Without Teeth? Bombay High Court Asks BCCI Over Delay In Decision On Telangana Cricket Association's Membership
“Is the Board of Control for Cricket in India (BCCI) a governing body with no teeth?” asked the Bombay High Court on Friday while it noted the apex cricket body's submission that it cannot make both Hyderabad Cricket Association (HCA) and the Telangana Cricket Association (TCA) sit together and resolve the dispute over the membership of the latter in the BCCI.A division bench of...
Senior Citizens Act Can't Be Invoked By One Senior Citizen Against Another To Recover Possession Of Premises: Bombay High Court
The Bombay High Court has observed that a suit for recovery of possession of premises cannot be entertained by a Maintenance and Welfare of Senior Citizen Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It further noted that a senior citizen cannot file such a suit for recovery of possession against another senior citizen under the provisions of the Act,...
Telling Woman Colleague That She Must Be Using JCB To Manage Her Hair Is Not Sexual Harassment: Bombay High Court
Telling a woman colleague that 'you must be using JCB to manage your hair' and singing a song related to her hair, is not sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, the Bombay High Court held recently while quashing a PoSH Act case against an employee of the HDFC bank.Single-judge Justice Sandeep Marne said it...
Bombay High Court Dismisses Plea Challenging Nitin Gadkari's Election To 18th Lok Sabha From Nagpur; Imposes Costs On Petitioner
In a relief to Union Road Transport Minister Nitin Gadkari, the Bombay High Court has dismissed a petition challenging his election to the 18th Lok Sabha from the Nagpur constituency, wherein he was accused of resorting to 'malpractices' by printing voter slips with his photos and BJP symbol on it and distributing the same to the voters.Single-judge Justice Urmila Johsi-Phalke dismissed...
Bombay High Court Injuncts Owner Of Kapani Resorts From Alienating Any Interest In Properties Until Conclusion Of Arbitral Proceedings
The Bombay High Court bench of Justice Somasekhar Sundaresan has injuncted the owner of Kapani Resorts and Greater Kailash Property from alienating any interest in the Resorts and the property under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), until the conclusion of arbitral proceedings Brief Facts: Under the Agreement executed between Mr. Manmohan...