Bombay High Court
HAMA | Daughter Cannot Continue Mother's Maintenance Claim After Her Death: Bombay High Court
The Bombay High Court recently held that daughter cannot continue her mother’s claim of maintenance from husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act (HAMA) is an individual right against another person.A division bench of Justice Ravindra V Ghuge and Justice YG Khobragade sitting at Aurangabad refused to allow married daughter of...
If Refund Is Legitimately Due, Mere Delay Should Not Defeat The Claim For Income Tax Refund: Bombay High Court
The Bombay High Court has quashed the CBDT’s order rejecting the assessee’s application for condonation of the 43-day delay in filing the return of income (ITR)."Refusing to condone the delay can result in a meritorious matter being thrown out at the very threshold and the cause of justice being defeated. The authorities fail to understand that when the delay is condoned, the highest that...
Heirs' DNA Not Collected For Identification Of Remains, Bombay High Court Grants Bail To Man Accused Of Chopping Girlfriend's Body
The Bombay High Court has granted bail to a man accused of murdering his girlfriend and chopping her body, after noting that the police didn’t collect DNA samples of the woman’s heirs to identify the recovered body parts.Justice Amit Borkar observed that the identity of the recovered body parts, which were completely decomposed, needs to be determined during the trial and prima facie,...
Ganesh Utsav | Bombay HC Directs BMC To Consider Plea Seeking Policy To Deny Future Permissions To Pandal Organizers Violating Norms
The Bombay High Court on Wednesday asked the Municipal Corporation of Greater Mumbai (MCGM) to consider drafting a policy wherein Ganesh Utsav or other festival organisers found violating permission norms are denied permission for future events.The PIL filed by NGO Prameya Foundation alleged that pandal organizers violate norms by digging up roads to erect the pandal and leave the roads in...
Bombay High Court Asks Haj Committee To Announce Fares Before Pilgrims Choose Embarkation Point
The Bombay High Court asked that the Haj Committee of India (HCoI) to implement its guidelines and announce the fares in advance to enable the pilgrims to choose the nearest economical embarkation point (EP), in a batch of writ petitions filed by 180 Haj pilgrims concerning fares for Aurangabad EP for the Haj Pilgrimage, 2023.A division bench of Justices Ravindra V Ghuge and YG Khobragade...
Principal Employer Not Liable For Interest/ Penalty On Delayed Compensation For Accident/ Death Of Contractor's Employee: Bombay High Court
The Bombay High Court recently held that the principal employer's liability in case of accidental death/injury of contractor’s employee is limited to the compensation amount under Section 12 of the Employee Compensation Act and does not include penalty and interest for default.“...for failure to comply with statutory obligation on the part of the employer he can be saddled with...
Bombay High Court Slams Mumbai Police For Allegedly "Illegally Detaining, Stripping" Teacher In Bailable Offence
The Bombay High Court on Tuesday was livid at the "highhandedness" of Mumbai police officials who allegedly illegally detained a music teacher for a day and stripped him naked in the lock up to humiliate him.The teacher, sobbing uncontrollably in court alongside his wife, submitted an affidavit narrating his ordeal and contended he was wrongly accused of stalking his student, a statement he...
S.149 IPC | Accused Not Absolved From Offence Committed By Unlawful Assembly Based On Mere Plea Of 'Not Being Armed': Bombay High Court
Bombay High Court held that the plea of not being armed would not absolve an accused from liability under Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad dismissed an appeal filed by five persons were convicted for...
SARFAESI Act | Secured Creditor May Initiate Recovery Proceedings Against Guarantor Even If Defaulter Is Placed Under Moratorium: Bombay High Court
The Bombay High Court recently held that a secured creditor can initiate proceedings under the SARFAESI Act against the guarantor in case of loan default even when there is a moratorium on action against borrower under section 14 of the Insolvency and Bankruptcy Code (IBC).A division bench of Justices GS Kulkarni and Rajesh S Patil dismissed a guarantor’s writ petition seeking to restrain...
Shive Sena (UBT) Leader Moves Bombay High Court Against Withdrawal Of 12 MLC Nominations Made By MVA Govt
A PIL has been filed in the Bombay High Court challenging then Governor Bhagat Singh Koshyari’s decision from September 5, 2022 to withdraw 12 Member of Legislative Council’s (MLC) nominations recommended by the Maha Vikas Aghadi (MVA) government soon after CM Eknath Shinde-led government came to power. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S...
Former Bombay High Court Judge Who Passed Controversial POCSO Judgments Moves Plea Seeking Pension
Former additional Bombay High Court Judge Pushpa Ganediwala has moved the Nagpur bench of the High Court for pension applicable to a high court judge.Ganediwala, who infamously authored the skin-to-skin judgment resigned after she was denied permanent posting as a Bombay High Court judge. She has challenged the communication dated November 2, 2022 by the HC (original side) registrar stating...