Society Cannot Restrain House Help From Rendering Services To Resident Who Feeds Stray Dogs In The Premises: Bombay High Court

The Bombay High Court recently restrained a housing society from preventing the house help of a woman from entering the society premises and assisting the woman, because she (the resident) feeds stray dogs.A division bench of Justices Girish Kulkarni and Advait Sethna said the housing society, by restraining the woman's house help and other staff from entering the premises, was only breaching...

S.138 NI Act | Trial Can Proceed In Absence Of Accused If He Fails To Appear And Doesn't Seek Exemption From Personal Attendance: Bombay HC

The Bombay High Court has observed that a Magistrate is justified in proceeding with a trial for the offence under Section 138 of the Negotiable Instruments Act (NI Act) in the absence of the accused and without recording a statement under Section 313 CrPC, if the accused or their advocate has not been attending the trial or the accused has not sought for dispensing personal attendance.Justice...

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC

While acquitting a 43-year-old man convicted for raping his own minor daughter, the Bombay High Court observed that in ordinary circumstances, a daughter will not level such allegation against her father and even the father will not rape his own daughter. Sitting at theNagpur bench, Justice Govind Sanap considered the 'human psychology' in which 'mistakes can occur.' In his December 5,...

Sports Fraternity Suffers Due To Apathy From Maha Govt: Bombay High Court On Entry Of Women Swimmers' Team In National Games

The Bombay High Court recently expressed displeasure over the manner in which the Sports fraternity in Maharashtra suffers due to the 'apathy' of the State government, in shortlisting the State's Diving Team (women) for participating in the National Games to be held on January 29, in Uttarakhand. A division bench Justices Bharati Dangre and Ashwin Bhobe noted that the Maharashtra State...

Bombay HC Disposes PIL Seeking Oral Exams For Students With Learning Disability, After State Submits That Its Policy Provides For Writers

The Bombay High Court on Wednesday (January 22) disposed of a Public Interest Litigation (PIL) that sought to permit students with dysgraphia, a learning disability, to give oral examinations for their board examinations.The PIL was filed by an NGO, Shubhamkaroti Charitable Trust and a teacher soguht to make arrangements for oral examinations for students suffering from dysgraphia, which makes...

Bombay High Court's 'Strong Message' To ED: Act As Per Law, Don't Harass Citizens; Imposes 1 Lakh Cost

In a significant order, the Bombay High Court on Tuesday while imposing an exemplary costs of Rs 1 lakh on the Enforcement Directorate (ED) observed that it is high time that the central agencies like the ED should conduct themselves within the parameters of law and stop taking the law in the own hands and harass citizens. Single-judge Justice Milind Jadhav said a 'strong message' needs to...

Bombay High Court Quashes FIR Against Man For Driving Without Helmet, Orders Him To Perform Community Service At Hospital

While quashing a First Information Report (FIR) against a 22-year-old man for driving a two-wheeler without a helmet and licence in 2017 (when he was 17-years-old), the Bombay High Court asked him to perform 'community service' at a hospital for four Sundays. The court further directed him to deposit his licence with the Mumbai Police for nearly three months and not to drive any vehicle in...

Serving Signed Copy Of Award To Employee Of Party Does Not Constitute Valid Service U/S 31(5) Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that service of a signed copy of an award on an employee of a party to an arbitration agreement is not a valid service under section 31(5) of the Arbitration Act. Brief Facts The respondent and the appellant had business dealings. Dispute arose between them and an arbitration clause was invoked....

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court

The Bombay High Court has held that a delay in filing an appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (PMLA) cannot be condoned by the High Court beyond 120 days as stipulated in the provision.A division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that Section 42 PMLA excludes the applicability of Section 5 of the Limitation Act,...

Badlapur 'Fake Encounter' Case: Magistrate Enquiry Concludes 5 Policemen Responsible For Accused's Death

In relation to a plea filed by the father of the Badlapur school sexual assault accused who died in an alleged fake encounter, a Magistrate Enquiry report has been submitted before the Bombay High Court.A bench of Justices Revati Mohite-Dere and Dr Neela Gokhale today (20 January) read out the report in open court. "It is said that as per the material collected and the FSL reports,...

Bombay High Court Annual Digest 2024 [Part III]

Citations 2024 LiveLaw (Bom) 436 – 2024 LiveLaw (Bom) 654:Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High CourtCase Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)Citation: 2024 LiveLaw (Bom) 436In a significant ruling, the Nagpur bench of the Bombay High Court held that...

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. "It is only a case of broken relationship which...