Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Nominal Index:

Ramesh Potdar vs Union of India, 2025 LiveLaw (Bom) 89

Rahim Khan Sandu Khan vs State of Maharashtra, 2025 LiveLaw (Bom) 90

Kailash Mehar Singh Kher vs State of Maharashtra, 2025 LiveLaw (Bom) 91

Ramadas KS vs. TISS & Ors., 2025 LiveLaw (Bom) 92

Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay Through Registrar General, 2025 LiveLaw (Bom) 93

Sanjiv Mohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd., 2025 LiveLaw (Bom) 94

Tukaram Parab vs State, 2025 LiveLaw (Bom) 95

Arjun Raju Khanapure vs. Union of India & Ors., 2025 LiveLaw (Bom) 96

Judgments/Final Orders:

Bombay High Court Allows Family To Exchange ₹20 Lakh 'Demonetised' Notes As Income Tax Department Had Seized The Currency

Case Title: Ramesh Potdar vs Union of India

Citation: 2025 LiveLaw (Bom) 89

The Bombay High Court recently came to the aid of a group of people from Maharashtra's Kolhapur district and ordered the Reserve Bank of India (RBI) to accept their demonetised notes worth Rs 20 lakhs, which were seized by the Income Tax in December 2016 and returned to them after the deadline to exchange the old notes.

A division bench of Justices Atul Chandurkar and Milind Sathaye noted that the IT Department had seized the notes on December 26, 2016 and the deadline for exchanging the old notes was December 31, 2016.

Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj Pilgrimage

Case Title: Rahim Khan Sandu Khan vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 90

The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future.

'Intolerance Of Orthodoxy A Bane Of Indian Society': Bombay HC Quotes AG Noorani, Quashes Case Against Kailash Kher For Hurting Religious Feelings In Song

Case Title: Kailash Mehar Singh Kher vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 91

Observing that 'intolerance and dissent' from the orthodoxy have been a 'bane' of the Indian society for centuries, the Bombay High Court on Wednesday quashed the criminal case initiated against Bollywood singer Kailash Kher, who was accused of hurting the religious sentiments of the Hindu community in his popular song 'Babam Bam' - a track on Lord Shiva.

A division bench of Justices Bharati Dangre and Shyam Chandak noted from the complaint filed by one Narinder Makkar before a court in Ludhiana, wherein he alleged that in the song sung by Kher in 2007, it can be seen that several girls and boys wearing clumsy clothes are dancing and even kissing each other, which has hurt the sentiments of the Hindu Community because the song was about Lord Shiva.

'Politically Motivated Protest Under Banner Of Institute': Bombay HC Upholds Suspension Of TISS PhD Student Accused Of 'Anti-National' Activities

Case title: Ramadas KS vs. TISS & Ors.

Citation: 2025 LiveLaw (Bom) 92

The Bombay High Court has upheld the suspension of a Tata Institute of Social Sciences (TISS) PhD student, Ramadas KS, who was debarred from the institute for 2 years for participating in a protest against the BJP government and implementation of National Education Policy (NEP) under the banner of PSF – TISS.

A division bench of Justice A.S. Chandurkar and Justice M.M. Sathaye observed that the said protest/march was politically motivated and noted that TISS was correct in finding that Ramadas created an impression that the views expressed in the march represented the views of the institute and that this brought disrepute to the institute.

Judge Who Resigned Also Entitled To Pension Benefits As Judge Who Retired : Bombay High Court

Case title: Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay Through Registrar General

Citation: 2025 LiveLaw (Bom) 93

The Bombay High Court has observed that the 'resignation' of a High Court Judge constitutes 'retirement' under the High Court Judges (Salaries and Conditions of Services) Act 1954 and thus a judge who resigned from services would also be entitled to the same pensionary benefits as a judge who retired by superannuation.

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

Case Title: Sanjiv Mohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd.

Citation: 2025 LiveLaw (Bom) 94

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause.

If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High Court

Case Title: Tukaram Parab vs State

Citation: 2025 LiveLaw (Bom) 95

In a significant order, the Goa bench of the Bombay High Court has said that the mindset to 'dilute' or 'stifle' the the fundamental right to protest of citizens, if gains traction, it would one of the saddest days of democracy.

A division bench of Chief Justice Alok Aradhe and Mahesh Sonak said the State must not launch prosecution only to stifle agitations, which are a part of the democratic process, at least till it does not turn violent.

Bombay High Court Dismisses PIL Challenging Imposition Of Double Toll Fees On Non-FASTag Vehicles

Case title: Arjun Raju Khanapure vs. Union of India & Ors.

Citation: 2025 LiveLaw (Bom) 96

The Bombay High Court recently dismissed a Public Interest Litigation (PIL) challenging circulars issued by the National Highways Authority of India, which mandates vehicles without 'FASTag' to pay double the toll fees.

Noting that the introduction of FASTag was a policy decision aimed for providing efficient road travel, a division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre rejected the petitioner's contention that mandating the use of FASTag violates the fundamental rights of citizens.

Other Orders/Observations:

"Put Your House In Order": Bombay High Court To BCCI Over Delayed Decision On Membership Of Telangana Cricket Association

The Bombay High Court last week ordered the Board of Control for Cricket in India (BCCI) to "put is own house in order" and ensure that the Hyderabad Cricket Association (HCA) complies with its order to decide on the representation of the Telangana Cricket Association (TCA) to become an "associate member" of the central cricket body.

Maha Police Ought To Have Registered FIR Against Errant Cops Based On Complaint By Badlapur 'Fake' Encounter Deceased's Parents: Amicus Tells Bombay HC

Senior Advocate Manjula Rao, who was appointed as an Amicus Curiae in the Badlapur Encounter Case, wherein the accused in the Badlapur Sexual Assault case was allegedly killed in a staged encounter, on Monday told the Bombay High Court that the State Police had no choice but to lodge a First Information Report (FIR) against the errant cops but they have not filed one yet.

Mumbai Court Grants Anticipatory Bail To SP MLA Abu Azmi In Case For Praising Mughal Emperor Aurangzeb

A Mumbai Sessions Court on Tuesday granted anticipatory bail to Samajwadi Party MLA Abu Asim Azmi, who is booked in a criminal case for praising Mughal Emperor Aurangzeb and calling him a 'good administrator'.

Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket

Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of 'serial' complainants, who target professionals for 'sextortion.'

'Prima Facie Commercial Exploitation': Bombay HC Issues Notices On Plea Against Alleged Unauthorised Use Of Woman's Photos In Ads

The Bombay High Court has sought response from the US-based company Shutterstock, various State government, political parties and private agencies in relation to a plea by a woman alleging unauthorised use of her photographs by political parties and state governments in advertising their different schemes. Taking note of the serious concerns raised by the woman concerning her right to privacy, a division bench of Justice G. S. Kulkarni and Justice Advait M. Sethna opined that the case prima facie appears to be a commercial exploitation of the woman's photos.

Despite HC Order Allowing Muslim Vendors At Kanfinath Yatra, Discrimination Is Apprehended: Hawkers' Union Writes To Bombay HC Chief Justice

Days after the Aurangabad bench of the Bombay High Court temporarily stayed the operation of a resolution passed by the Gram Sabha of Madhi village in Ahilyanagar district, which banned Muslims from installing any shops during the annual Kanfinath Yatra in the Pathardia Tehsil, a group of more than 30 hawkers unions have now urged Chief Justice Alok Aradhe to intervene in the issue as the local leaders in the area been giving bytes to the media that 'no Muslim vendor would be allowed to do business' during the annual fair.