Bombay High Court
No Stay At 11th Hour: Bombay High Court Refuses To Stall Release Of Ayushmann Khurrana Starrer 'Dream Girl 2'
The Bombay High Court has refused to stay the release of the Ayushmann Khurrana starrer Dream Girl 2 slated to hit the theatres tomorrow. The film is produced by Ekta Kapoor’s Balaji Telefilms.Justice Riyaz Chagla passed the order in a Commercial IPR suit filed by writer-director Ashim Kumar Bagchi wherein he alleged that makers are passing off his registered script as their own. Bagchi...
Bombay HC Upholds Woman's Conviction For Murder Of 3-Yr-Old, Attempt To Drown 3 Other Children Over Money Lending Dispute With Their Grandmother
The Bombay High Court recently upheld the conviction of a 51 years old woman who murdered her neighbour's 3-year-old grandchild and attempted to kill three other grandchildren by throwing them in a canal over repayment of an illegal loan.A division bench of Justice Revati Mohite Dere and Justice Gauri Godse observed that throwing a three-year-old child into the canal is so imminently...
Will Cure Any Defect In Uruli Devachi And Phursungi Villages Demerger From Pune Municipal Corporation: State To Bombay High Court
The Bombay High Court recently disposed of two PILs challenging proposed de-merger of Uruli Devachi and Phursungi villages from the Pune Municipal Corporation (PMC), and establishment of a separate Municipal Council. The PILs claimed that the state government did not follow the process of consultation with the corporation as per section 3(3)(a) of the Maharashtra Municipal Corporation...
Ensure Proper Maintenance Of Case Diaries Without Lame Excuses: Bombay High Court To Maharashtra DGP
Expressing strong displeasure over police disregard towards proper maintenance of case diaries, the Bombay High Court directed the Director General of Police (DGP), Maharashtra to ensure that his directions about proper maintenance of case diaries are followed by police officers without any lame excuses.The division bench of Justice AS Gadkari and Justice Shivkumar Dige, while dealing with a...
Sarpanch Removed Due To No-Confidence Motion Can Contest By-Elections To Fill Vacancy Caused By Own Removal: Bombay High Court
The Nagpur bench of the Bombay High Court recently held that a Sarpanch who got removed from the post due to a no-confidence motion can contest a by-election conducted to fill the resulting vacancy.A division bench of Justice AS Chandurkar and Justice Vrushali V Joshi observed that there is no provision in the Maharashtra Village Panchayats Act, 1959 prohibiting such a Sarpanch to contest...
Municipal Commissioner Duty Bound To Provide Fit And Convenient Place For Disposal Of Dead: Bombay High Court
The Bombay High Court on Tuesday expressed its concerns regarding the shrinking space for burials in cemeteries in Mumbai and reminded the Municipal Commissioner & Maharashtra Government of their duty to provide such spaces.The court was hearing a PIL which alleged that all the three spaces in the city originally earmarked by the Municipal Commissioner for cemeteries were either deleted...
Church Patriarchal Tribunal Not A ‘Public Authority’ Under RTI Act: Bombay High Court
The Archbishop Patriarch of Goa in his capacity as the Patriarchal Tribunal or Church Tribunal is not a “public authority” under Section 2(h) of the Right to Information Act, 2005 (RTI Act), the Bombay High Court held. The decision was passed in an eight years old case regarding information on the Archbishop Patriarch of Goa’s appointment. He adjudicates private law matters of...
RSS Defamation Case: Rahul Gandhi Approaches Bombay High Court Against Order Allowing Transcripts Of His Speech To Be Exhibited As Evidence
Congress Leader Rahul Gandhi has approached the Bombay High Court against an order passed by the Magistrate court at Bhiwandi allowing transcripts of his alleged defamatory speech to be exhibited as ‘evidence’ in the ongoing defamation case filed by an Rashtriya Swayamsevak Sangh (RSS) functionary. RSS worker Rajesh Kunte has accused Gandhi of defaming the RSS by making "false and...
Cheque Holder's Failure To Record Loan In Books Not Ground To Dismiss Complaint U/S 138 NI Act: Bombay High Court
Answering a reference by a Single Judge, the Bombay High Court recently held that failure of the cheque holder to record a loan given to a cheque drawer in books/Income Tax Returns will not by itself render the loan unenforceable under section 138 of the Negotiable Instruments Act (NI Act).A division bench of Justice AS Chandurkar and Justice Vrushali V Joshi observed that the existence of...
Bombay High Court Quashes Order Granting 2-Yr-Old’s Custody To Biological Parents, Directs Trial Court To Decide Validity Of Adoption
The Bombay High Court recently quashed a civil court’s order directing a couple to hand over custody of a two-year-old adopted child to his biological parents and directed the civil court to decide their suit seeing a declaration that the adoption is valid, within six months.Underlining the sensitivity of the matter, Justice Sharmila Deshmukh held that there will be no extension of time for...
Can Victim Appeal Against Acquittal Or Award Of Lesser Sentence By Appellate Court? Bombay High Court Refers Issue To Larger Bench
The Bombay High Court has referred to a larger bench the question of whether an appeal by the victim against the judgment of acquittal passed by the appellate court is maintainable.Justice Modak while dealing with two criminal appeals filed by the victims against acquittal of the accused by the sessions court in appeal, observed,“I think forum for this (victim’s) Appeal is correlated to...
Bombay High Court Weekly Round-Up: August 14 To August 20, 2023
Nominal Index [Citation 372 - 378]Sushila Gordhandas Parikh v. State of Maharashtra 2023 LiveLaw (Bom) 372Olga Rosnina v. Foreigners Regional Registration Office, Goa and Ors. 2023 LiveLaw (Bom) 373Suvarna Ratnakar Taras v. Mangalprabhat Lodha 2023 LiveLaw (Bom) 374ABC v. XYZ 2023 LiveLaw (Bom) 375Govind Poslya Gavit v. The Competent Authority 2023 LiveLaw (Bom) 376Abhay Shamsundar Kurundkar...