Bombay High Court Weekly Round-Up: February 03 – February 09, 2025

Nominal Index:

Tejas Shinde vs State of Maharashtra, 2025 LiveLaw (Bom) 44

Harshi Ramjiyani vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 45

Case Title: Shoaib Richie Sequeira vs State of Maharashtra, 2025 LiveLaw (Bom) 46

Dnyaneshwar Katkar vs The Director General & Inspector General of Police, 2025 LiveLaw (Bom) 47

Musin Thengade vs State of Maharashtra, 2025 LiveLaw (Bom) 48

City Corporation Limited v. Assistant Commissioner of Income Tax Circle, 2025 LiveLaw (Bom) 49

Yogesh Mangilal Mundhara vs. State Of Maharashtra, 2025 LiveLaw (Bom) 50

Judgments/Final Orders:

Prima Facie Grave Provocation: Bombay HC Grants Bail To Youngster Booked For Killing Bed-Ridden Father, Orders Him To Continue Education

Case Title: Tejas Shinde vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 44

The Bombay High Court on Monday while granting bail to a 22-year-old boy booked for killing his own 69-year-old 'bed-ridden' father, observed that the applicant was prima facie gravely 'provoked' by the deceased by abusing him and his mother, repeatedly, which could not be handled by the applicant's 'adolescent' mind.

Single-judge Justice Milind Jadhav noted that the applicant - Tejas Shinde, was 'provoked' by his bed-ridden father, who kept abusing him and his mother, who works as a house help, and also the fact that the applicant was a student studying in a reputed college in Dombivli (near Thane) and was pursuing his Second Year in Bachelor of Management Studies (BMS).

Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

Case title: Harshi Ramjiyani vs. State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 45

While refusing to interfere with Mumbai University's decision to cancel the admission of a student after completion of four semesters due to insufficient marks in the International Baccalaureate (IB) programme, the Bombay High Court observed that if the student did not secure the predicted grades, the Court cannot direct the university to lower the cut-off standard.

A division bench of A.S. Chandurkar and M.M. Sathaye considered the petitioner's challenge to Mumbai University's decision, which held the petitioner ineligible for the B.Voc (Interior Design) degree course.

Bombay HC 'Disappointed' With CBI & Mumbai Police Showing Reluctance To Probe Multi-Crore Money Laundering Case; Orders Formation Of SIT

Case Title: Shoaib Richie Sequeira vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 46

The Bombay High Court recently expressed 'disappointment' over the Central Bureau of Investigation (CBI) and also the Economic Offences Wing (EOW) of the Mumbai Police, both showing 'reluctance' to investigate into the complaints of multi-crore fraud by a company both in India and also several foraging countries.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that both the EOW as well as the CBI, for the reasons best known to these Agencies, were reluctant to inquire/investigate into the complaints made by one Shoaib Sequeira accusing one Anand Jain, promoter of Jai Corporation Ltd. and its subsidiaries of misappropriating public funds and laundering the same outside India.

Requests Made By Govt Employees To Change Birthdate In Service Records Beyond Reasonable Time Should Not Be Entertained: Bombay High Court

Case Title: Dnyaneshwar Katkar vs The Director General & Inspector General of Police

Citation: 2025 LiveLaw (Bom) 47

The Bombay High Court recently while refusing to grant any relief to a Pune-based Police Inspector said any request from a public servant to change in date of birth in service records, beyond reasonable time, should not be permitted.

A division bench of Justices Atul Chandurkar and Milind Sathaye said that in such cases, mostly government employees seek such changes only after spending 'considerable time' in service or when they near retirement.

Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court

Case Title: Musin Thengade vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 48

The Bombay High Court recently held that that the point of limitation under section 468 of the Criminal Procedure Code (CrPC) for an offence under section 498-A of the Indian Penal Code (IPC) shall commence from the last act of cruelty.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi said that limitation for prosecution under section 498A will not continue for an indefinite period.

Notice Issued To Non-Existing Entity Post-Merger Is Substantive Illegality, Dept Cannot Cite Technical Glitch: Bombay High Court

Case Title: City Corporation Limited v. Assistant Commissioner of Income Tax Circle

Citation: 2025 LiveLaw (Bom) 49

The Bombay High Court stated that notice issued to a non-existing entity post-merger is a substantive illegality and not some procedural violation.

“we cannot condone the fundamental error in issuing the impugned notices against a non-existing company despite full knowledge of the merger. The impugned notices, which are non-est cannot be treated as “good” as urged on behalf of the department” stated the Division Bench of Justices M.S. Sonak and Jitendra Jain.

'No Public Interest': Bombay HC Dismisses PIL For Uniform Guidelines On Awarding Tenders For Solid Waste Management In The State

Case title: Yogesh Mangilal Mundhara vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 50

The Bombay High Court has dismissed a PIL seeking uniform guidelines for awarding tender contracts for solid waste management in the state, noting that there was no element of public interest involved in the plea.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre stated “In our considered opinion there is no element of public interest involved in the instant PIL and, therefore, it must fail and is hereby dismissed.”

Other Orders/Observations:

Bombay High Court Issues Notice To ECI On Plea Challenging 2024 Legislative Assembly Elections

The Bombay High Court on Monday (February 3) issued notice on a petition challenging the elections to the Maharashtra Legislative Assembly, which were concluded in November, last year.

The petition has alleged that over 75 lakh votes were polled after the official closing time of polling (6 PM) and also several discrepancies in almost 95 constituencies, wherein the number of votes polled and the number of votes counted, does not match.

Bombay High Court Orders Temporary Ban On Sale/Purchase Of GMMC Company's Meters For Auto-Rickshaw's Across India Due To Quality Issues

The Bombay High Court last week ordered the Controller of Legal Metrology (CLM), Maharashtra to ensure that the auto-rickshaw fare metres manufactured by Global Meter Manufacturing Company (GMMC) are not sold in the market till further orders.

This comes after a division bench of Justices Ravindra Ghuge and Ashwin Bhobe came across a 'shocking revelation' that the GMMC in official records, has furnished three different addresses, from where it manufactures the meters, yet despite an enquiry, the company was not found on any of the three locations in Pune. The bench also noted that the GMMC was circulating 'plastic body' made meters for sale in the open market, across India.

Bombay High Court Issues Notice On PIL For Installation Of Tracking Device And Emergency Button In Public Vehicles

A PIL has been filed in the Bombay High Court seeking the installation of vehicle location tracking devices for old and existing public vehicles in the State to ensure the security of women and children.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre today issued notice to the State and sought its response to the PIL.

Bombay High Court Agrees To Hear Volkswagen India's Challenge To 1.4 Billion USD Tax Demand By Customs Authorities

The Bombay High Court on Wednesday agreed to hear on February 17, the petition filed by Skoda Auto Volkswagen India challenging the tax demand of USD 1.4 billion by Indian customs authorities.

The petition was mentioned before a division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla, which upon hearing the brief submissions, agreed to hear the matter at length on February 17.

PIL Filed In Bombay High Court Regarding Cyber Attacks On Official State Websites

A Public Interest Litigation (PIL) has been filed in the Bombay High Court concerning cyber-attacks impacting official websites of the State government and its departments.

The petition filed by an Information Technology Consultant and Visiting Professor of Law seeks direction to State and Central Government authorities to prevent contamination of several official Maharashtra State Government websites.

'Patient Waiting Since November May Not Survive Till Your Money Comes': Bombay HC Asks State For Concrete Plan To Spend Healthcare Budget

In relation to a suo motu PIL concerning deaths in government hospitals in Nanded and Chhatrapati Sambhaji Nagar districts, the Bombay High Court on Wednesday (February 5) asked the State to submit a compliance report indicating a timeline in which it will complete the process of recruitment of medical staff in government hospitals. The Court also asked the State to come up with a concrete plan of spending budget allocated to the health sector in instalments.

"Apologise From Bottom Of Your Heart Or Face Contempt Action": Bombay High Court To Society For Disobeying Order On Feeding Stray Dogs

The Bombay High Court on Wednesday ordered the Navi Mumbai society to 'show remorse and repentance' and apologise to the court 'from the bottom of their heart' for disobeying the court's January 21 order asking the society not to restrain the house help of one of the residents, just because she feeds stray dogs on the society premises.
Bombay High Court Issues Notice On PIL Seeking Guidelines On Legal Assistance For Children Involved In Custody Matters, POCSO Cases

A PIL has been filed in the Bombay High Court seeking guidelines for framing a 'Child Legal Assistance Program' in the State for child custody, family court as well as POCSO cases. The petition also seeks the appointment of independent lawyers to represent children in custody matters.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday issued notices to the State, Registrar of Family Court Mumbai and Maharashtra State Legal Services Authority.

Badlapur Encounter: Parents Of Deceased Seek To Withdraw Case Against Cops, High Court Grills State On Why FIR Not Lodged Yet

The parents of the now deceased accused in the infamous Badlapur Sexual assault case on Thursday told the Bombay High Court that they no longer wish to pursue their petition seeking an independent investigation in the "custodial death" of their son.

Relief For Anil Ambani As Bombay High Court Stays Canara Bank's Order Classifying Reliance Comm Loan Account As 'Fraud'

In a relief to industrialist Anil Ambani, the Bombay High Court on Friday stayed an order passed by the Canara Bank by which it classified his loan account, related to Reliance Communications, as "fraudulent account."

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the action of the Bank was in contravention of the 'Master Circular' issued by the Reserve Bank of India (RBI) on fraud accounts and also in breach of the ruling of the Supreme Court.

'Genuine Issue': Bombay HC To Bar Council Of India In PIL For Permanent Grievance Committee For Women Advocates In State

In relation to a PIL seeking Permanent Grievance Committee for Women Advocates in the State Bar Council Offices, the Bombay High Court today orally remarked that this was a genuine issue and that Bar Council of India (BCI) should come up with a solution for the issue.

Society vs Dog Feeders: Bombay High Court Issues Contempt Notice To Resident Over Objectionable Letter Against Judges

The Bombay High Court on Friday issued a show-cause notice for criminal contempt of court, to a woman, who circulated a letter making 'objectionable and derogatory' comments against the Supreme Court as well as the HC after it (HC) passed an order against the society for disallowing house help of one of the residents to enter the society, as she fed stray dogs in the premises.