Bombay High Court
Father Can't Be Accused Of Kidnapping For Taking Child Away From Mother In Absence Of Any Prohibition From Competent Court: Bombay High Court
The Bombay High Court recently held that a father cannot be held guilty of kidnapping for taking his minor child away from the mother unless there is an order of a competent court preventing him from taking custody of the child.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes sitting at Nagpur quashed an FIR registered under Sections 363 of the IPC by the biological...
Bombay High Court Grants Compensation To BATA Salesmen Fired For Opposing Showrooms Opening 7 Days A Week With Extended Hours
The Bombay High Court on Wednesday awarded compensation ranging from 19.5 lakhs to 33 lakhs to seven former salesmen of shoe company Bata who were terminated in 2007 after refusing to adhere to modified roster for operating showrooms seven days a week with extended hours.Justice Sandeep V Marne observed that they were terminated without any enquiry but refused to reinstate them observing that...
Tenants Can Reconstruct Demolished Premises Without NOC From Landlord, Recover Costs If Owner Fails To Redevelop: Bombay High Court
The Bombay High Court has allowed tenants to reconstruct their demolished premises under Section 499 (6) of the Mumbai Municipal Corporation Act sans the landlord’s permission, and recover costs from him in the absence of a redevelopment plan within a year of demolition.However, the division bench comprising Justices Gautam Patel and Kamal Khata clarified that the tenants wouldn’t be...
Trial Judge Went Overboard: Bombay High Court Alters Murder Convict's Sentence From 'Remainder Of Life' To 'Life Imprisonment'
The Bombay High Court recently modified the sentence of a man convicted of murdering his wife from “life imprisonment for the entire remaining of his life” to “imprisonment for life” citing the importance of adhering to the wording adopted in section 302 of the IPC.A division bench of Justice VV Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad observed that the trial...
System Default Is The Standard Excuse Of Department When It Comes To Giving Refunds: Bombay High Court
The Bombay High Court has stated that system default is the standard excuse of the department when it comes to giving refunds.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the excuse used is that the system under the control of the Centralized Processing Center (CPC), Bangalore, has some issues and, therefore, amounts are not being released to assessees....
State Mandating Project Affected Persons To Construct House On Alternate Land Within A Year Of Allotment "Draconian": Bombay High Court
The Bombay High Court held that project affected persons are allotted alternate land on humanitarian grounds and the State cannot impose any condition on the allotment that may lead to loss of the land. The court said that such a condition would violate Article 14 of the Constitution.“The object and purpose in rehabilitating a person like the Petitioner by allotting him the alternate land...
Bombay High Court Takes Suo Moto Cognisance Of Deteriorating Air Quality In Mumbai, To Issue Comprehensive Directions
The Bombay High Court on Tuesday took suo motu cognisance of the poor air quality in Mumbai, while hearing a PIL on the same issue.The court said the Central and State Pollution Control Boards, State Government, Union and all Municipal Corporations should be made party and should state the measures taken by them to address the concern. "We will pass a detailed order. We are also taking suo...
Bombay High Court Weekly Round-up: October 23, 2023 To October 29, 2023
Nominal Index [Citation 494 - 505]Film Farm India Pvt Ltd v. ALT Digital Media Entertainment Ltd. 2023 LiveLaw (Bom) 494Dr. P. Varavara Rao v. National Investigation Agency and Anr. 2023 LiveLaw (Bom) 495Indumati Borse v. Pune Municipal Corporation and Ors. 2023 LiveLaw (Bom) 496Sameer Baijanath Joshi v. Union of India and Ors. 2023 LiveLaw (Bom) 497Zakir Yusuf Shaikh v. State of Maharashtra...
S.304(A) IPC - Bombay High Court Quashes Death By Negligence Case Against Shopkeeper After 4-Yr-Old Victim’s Family Consents
The Bombay High Court has quashed an FIR registered against a shopkeeper and his employee for allegedly causing a 4-year-old’s death by negligence (304A IPC) after the child’s family consented to the quashing on humanitarian grounds.A division bench of Justices AS Gadkari and Sharmila Deshmukh granted relief to shopkeeper Anandraj Manikam on the condition he would deposit Rs. 25,000 with...
Tenant’s Premises Demolished While They Were “Illegally” Detained By Police: Bombay HC Orders CID Probe Against Officers, Says No Sanction Required
The Bombay High Court has directed the Maharashtra Crime Investigation Department to investigate five police officers under Section 156 (3) of the CrPC wherein tenants’ premises were demolished while they were allegedly illegally detained at the local police station and coerced into surrendering their tenancy.Justice RM Joshi at the Aurangabad bench held the police’s acts were not...