Bombay High Court
Adani Properties Justifies In Bombay High Court Additional Concessions Granted By Maharashtra Govt In Tender For Dharavi Redevelopment
Additional concessions were provided in the new tender issued in 2022 for Mumbai’s Dharavi slum redevelopment project as the new tender provided for affordable housing to around 7 lakhs tenements ineligible for redevelopment, and the cost for the same is to be borne by the successful bidder, Adani Properties Pvt. Ltd has submitted before the Bombay High Court.“The new tender issued...
Bombay High Court Permanently Injuncts Investor Mahesh Murthy In Defamation Suit Filed By Zillingo Co-Founder Ankiti Bose
The Bombay High Court has granted a permanent injunction against venture capitalist Mahesh Murthy over an article he authored for Outlook Business Magazine against Singapore-based startup Zilingo Pte’s former CEO Ankiti Bose. Bose who was sacked from Zilingo over alleged financial irregularities last year, was granted relief in the defamation suit she filed against Murthy and Outlook. She...
Mere Use Of Deceased Brother's SIM Card Not An Offence: Bombay High Court Quashes Cheating Case
Observing that mere use of deceased brother's SIM card does not constitute an offence, the Bombay High Court quashed a cheating case against a doctor filed by her sister-in-law for alleged use of her deceased husband’s SIM card and sale of his movable assets without consent.A division bench of Justice Nitin W Sambre and Justice RN Laddha in a writ petition filed by the accused seeking...
GMAT Exam Scam: Bombay High Court Denies Anticipatory Bail To Accused
The Bombay High Court recently denied anticipatory bail to one Kumar Kunal, accused of remotely accessing the laptop of GMAT exam candidates through Any Desk app, solving the papers, and manipulating results.Justice Amit Borkar observed that the custodial interrogation of Kunal is necessary in light of WhatsApp chats between him and one Shantanu, a victim of the scam.“prima facie, it...
Transit Buildings Inherently Temporary Structures, Cannot Be Repaired Or Made Permanent: Bombay High Court
The Bombay High Court recently held that transit buildings cannot be repaired or made permanent since they are inherently temporary and designed for short-term use.The division bench of Justice G.S Patel and Justice Kamal Khata added that these buildings were not subject to structural audit regulations.“Transit buildings are by the very nature of their construction and by structural...
Bombay High Court Weekly Round-Up: August 21 To August 27, 2023
Nominal Index [Citation 379- 393]Khairunisa Sheikh Chand v. Chandrashekhar Daulatrao Chincholkar & Ors. 2023 LiveLaw (Bom) 379Asha Shivaji More v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 380ABC v. XYZ 2023 LiveLaw (Bom) 381Prakash Madhukarrao Desai v. Dattatraya Sheshrao Desai 2023 LiveLaw (Bom) 382Archbishop Patriarch Of Goa Rev. Fr. Filipe Neri Ferrao v. State...
'Group Defections' In Name Of Political Parties' Split & Merger Betray Voters: PIL In Bombay HC Against Para 4, 10th Schedule To Constitution
A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the exception to legislators from “disqualification on ground of defection” in case of merger of political parties.The PIL, filed by Meenakshi Menon, founder trustee of NGO Vanashakti, argues that Paragraph 4 of the 10th Schedule of the Constitution allows legislators to defect and breach their...
Officers Not Diligently Discharging Duties, Playing With Public Revenue, MoF Should Take Serious View: Bombay High Court
The Bombay High Court has held that the Ministry of Finance is responsible for the officers who are not diligently discharging vital duties and who, in fact, are playing with the public revenue."We take judicial notice of a series of petitions reaching this Court on the ground that the concerned jurisdictional officers exercising such enormous powers not only under the Finance Act, 1994, but...
Bombay High Court Quashes Reopening Of Assessment After 4 Years In The Absence Of Concealment By Assessee
The Bombay High Court has quashed the reopening of the assessment after 4 years in the absence of concealment by the assessee.The bench of Justice K. R. Shriram and Justice Firdosh P. Pooniwalla observed that where the assessee has fully disclosed all the material facts, it is not open for the Assessing Officer to reopen the assessment on the ground that there is a mistake in the assessment....
Bombay High Court Quashes Sexual Harassment FIR Against Company's Human Resource VP
The Bombay High Court has quashed a sexual harassment FIR against the Vice President Human Resources (HR) of an insurance firm observing improvements in the complainant’s statement to the police. The division bench headed by Justice AS Gadkari cited guideline 6 & 7 in the State of Haryana & Ors. vs Bhajan Lal & Ors judgement. According to the guidelines where there is a...
Bombay High Court Orders Release Of Man 'Detained Unnecessarily' In Rehabilitation Centre At 'Behest Of His Wife'
The Bombay High Court ordered the immediate release of one Pratap Jivani, who had been unlawfully detained at his wife’s behest at the Amulya Prem Foundation Rehabilitation Centre in Bhiwandi. A division bench of Justice Revati Mohite Dere and Justice Gauri Godse, in a habeas corpus writ petition filed by Jivani’s cousin Jayendra Bhatia, observed that no medical papers showing that he...
Application To Become Approver Cannot Be Withdrawn Once Pardon Is Granted: Bombay High Court
The Nagpur bench of the Bombay High Court recently held that an accused cannot withdraw application to become a witness for the prosecution (approver) against co-accused once the application is accepted and pardon is already granted.Justice GA Sanap explained that once an accused becomes an approver, (s)he must be examined as a prosecution witness, and pardon can be withdrawn only as per...