Bombay High Court Weekly Round-Up: October 16 To October 22, 2023

Sandip Sundarrao Patil and Ors. v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 483

Bhushan s/o. Sangappa Chaudhari v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 484

Satyaseelan Kuttappan v. PP Sudhakaran and Anr. 2023 LiveLaw (Bom) 485

Play Games 24X7 Pvt. Ltd. Vs Loran Leasing And Infotech Pvt. Ltd. 2023 LiveLaw (Bom) 486

Parvi Ashish Chakravarti v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 457

Baramati Agro Ltd. v. Regional Officer, Maharashtra Pollution Control Board and Ors. 2023 LiveLaw (Bom) 488

Faaiz Anwar Qureshi v. Union of India and Ors. 2023 LiveLaw (Bom) 489

Nilesh s/o Ajinath Udmale, v. State of Maharashtra and Anr. 2023 LiveLaw (Bom) 490

Dr. Mahendra Bhaskar Limaye v. Union of India 2023 LiveLaw (Bom) 491

Aarti w/o Santosh Pawar v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 492

Swiss Re Services India Pvt. Ltd. v. Deputy Commissioner Of Income-Tax 2023 LiveLaw (Bom) 493

Reports/Judgments

Bombay High Court Imposes 25K Cost On Complainant Who Admitted To Consenting To Abortion, Quashes Forced Abortion Case

Case Title: Sandip Sundarrao Patil and Ors. v. State of Maharashtra and Anr.

Citation: 2023 LiveLaw (Bom) 483

While quashing a rape and causing miscarriage without consent case, the Bombay High Court imposed cost of Rs. 25000 on a woman who consented to quashing of the case admitting that she had voluntarily terminated her pregnancy.

A division bench of Justice Anuja Prabhudessai and Justice NR Borkar observed that there is no prima facie case of rape under false promise of marriage as she had been married while having physical relations with the accused. The records indicated that she consented to the termination of pregnancy, the court further noted.

Bombay High Court Refuses To Reinstate College Student Who Submitted Caste Validity Certificate After Deadline Due To Delay By Scrutiny Committee

Case Title: Bhushan s/o. Sangappa Chaudhari v. State of Maharashtra and Ors.

Citation: 2023 LiveLaw (Bom) 484

The Bombay High Court refused to reinstate the college admission of a student who failed to submit a Caste Validity Certificate on time due to a delay by the Caste Scrutiny Committee in processing his application.

A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla explained that the fixation of specific dates as deadlines for students was a matter of policy, and the court could only direct authorities to relax the policy when necessary to protect fundamental rights or rectify illegalities. In this case, there was no such necessity.

“…it would be not appropriate on the part of this Court to direct the authorities to restore the admission of the Petitioner on the ground that there was no fault on his part in submitting the Validity Certificate on or before the last date fixed for that purpose”,

The court also held that time frame prescribed in Rule 18(5) of the Caste Certificate Rules, 2012 to process the applications is directory, not mandatory.

S. 141 NI Act | No Restriction On Making Unregistered Firm An Accused In A Cheque Bounce Case: Bombay High Court

Case Title: Satyaseelan Kuttappan v. PP Sudhakaran and Anr.

Citation: 2023 LiveLaw (Bom) 485

The Bombay High Court held that an unregistered partnership firm can be made an accused in a cheque dishonour case under the Negotiable Instruments Act, 1881 (NI Act).

Justice Anil Pansare of the Nagpur bench observed that the status of registration of the partnership firm is irrelevant on proceedings for cheque dishonour under the NI Act.

“registration or non-registration of the partnership firm will have no bearing insofar as Section 141 of the Act of 1881 is concerned. The provision under Section 141 of the Act of 1881 makes it mandatory to arraign the company or the firm, as the case may be, as party accused in the complaint. This provision or any other provision of the Act of 1881 does not put embargo on making unregistered partnership firm an accused”, the court held.

Counter Claim For Damages From Tenant No Defence To Escape Admitted Liability Of Refunding Tenant's Security Deposit: Bombay High Court

Case Title: Play Games 24X7 Pvt. Ltd. Vs Loran Leasing And Infotech Pvt. Ltd.

Citation: 2023 LiveLaw (Bom) 486

Owner filing a suit for damages from his licensee cannot be the only defense to the admitted liability of refunding a licensee’s security deposit, the Bombay High Court held while refusing to grant a company unconditional leave to defend a summary suit.

Justice Kamal Khata directed the owner of a 17,196 sq ft premises in Mumbai - Loran Leasing and Infotech Pvt.- to deposit the entire security deposit of over Rs. 90 lakh along with 18% interest in court and only then defend the suit filed by licensee Play Games 24X7 Pvt. Ltd.

If the defendant Loran fails to pay the amount, Play Games would be entitled to apply for an ex-parte decree against Loran, the court ordered.

“In the present case the defence is everything else but genuine or based on good faith… It is amply clear that the Defendant seeks to recover damages and compensation from the Plaintiff in its own suit which certainly cannot be a defence to the admitted liability of refunding the security deposit,” the court said.

Merely Displaying Jesus Christ Photo In House Doesn't Mean A Person Has Converted Into Christianity: Bombay High Court Orders Caste Certificate

Case Title: Parvi Ashish Chakravarti v. State of Maharashtra and Ors.

Citation: 2023 LiveLaw (Bom) 457

Merely displaying Jesus Christ’s picture in the house wouldn’t mean a person has converted and become a Christian, the Bombay High Court at Nagpur said while taking strong exception to the Caste Scrutiny Committee’s rejection of a 17-year-old’s ‘Scheduled Caste’ claim.

“No sane man will accept or believe that merely because there is a photograph of Jesus Christ in the house would ipso facto mean that a person had converted himself into Christianity,” Justices Prithviraj Chavan and Urmila Joshi Phalke observed while allowing the petition.

The bench warned the District Caste Certificate Scrutiny Committee (DCCSC) for ignoring pre-constitution public documents of the petitioner belonging to the ‘Mahar’ caste as also all the Buddhist rituals followed by the family for generations.

Bombay High Court Quashes Closure Order Against Distillery Linked To NCP MLA Rohit Pawar, Asks Pollution Control Board To Decide Afresh

Case Title: Baramati Agro Ltd. v. Regional Officer, Maharashtra Pollution Control Board and Ors.

Citation: 2023 LiveLaw (Bom) 488

The Bombay High Court set aside an order of the Maharashtra Pollution Control Board (MPCB)’s directing closure of a distillery owned by Baramati Agro Ltd, a sugar firm controlled by NCP MLA Rohit Pawar.

Justices Nitin Jamdar and Manjusha Deshpande remanded the matter back to the MPCB for fresh consideration.

The Board overlooked various important factors like the principle of proportionality, the court said.

“To conclude, the Board, while taking the impugned decision in an expedited manner, has overlooked various important factors, such as the Petitioner's second reply, the Enforcement Policy, and the principle of proportionality. The Board had to consider aspects such as the extent of violations, degree of environmental threats, the option of setting compliance timelines, and the possibility of alternative deterrent measures. Neither the impugned order nor the reply affidavit show that a considered decision-making process was adopted before taking the decision,” the court said and remanded the matter back.

Bombay HC Dismisses Plea To Ban Engagement Of Pakistani Artists In India; Says Patriotism Is In Devotion To Country, Not Enmity Towards Another

Case Title: Faaiz Anwar Qureshi v. Union of India and Ors.

Citation: 2023 LiveLaw (Bom) 489

The Bombay High Court dismissed a petition seeking a complete ban on Indian citizens, companies, and associations from engaging Pakistani artists, including actors, singers, musicians, lyricists, and technicians.

A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla observed that the petition is a “retrograde step in promoting cultural harmony, unity and peace, and has no merit in it.”

“A person who is good at heart would welcome in his country any activity which promotes peace, harmony, and tranquility within the country and across the border, Arts, music, sports, culture, dance and so on are the activities which rise above nationalities, cultures and nations and truly bring about peace, tranquility, unity and harmony in nation and between nations”, the court observed.

Bombay High Court Fines University For Denying PhD Admission To Candidate Due To Unavailability Of Research Guide

Case Title: Nilesh s/o Ajinath Udmale, v. State of Maharashtra and Anr.

Citation: 2023 LiveLaw (Bom) 490

The Bombay High Court imposed a fine of Rs. 50,000 on Dr. Babasaheb Ambedkar Marathwada University, Aurangabad to a PhD Entrance Test (PET) topper who was not assigned a research guide before expiry of his PET result and was denied admission as a consequence.

A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme sitting at Aurangabad deprecated the university for not verifying the number of vacancies with the research guide of Fine Arts subject before inviting PhD applications.

However, the court said that while allotment of the petitioner to a research guide from another subject in the category of inter-disciplinary studies is permissible, it cannot be done after the expiration of the result's validity. The court ultimately dismissed the petitioner's writ petition, citing the expiry of his result.

Judiciary's Role In Appointing Consumer Forum Members Can't Be Diluted: Bombay High Court Strikes Down Rule 6(1) Of Consumer Protection Rules 2020

Case Title: Dr. Mahendra Bhaskar Limaye v. Union of India

Citation: 2023 LiveLaw (Bom) 491

The Bombay High Court at Nagpur quashed Rule 6(1) of the Consumer Protection Rules, 2020 which prescribed two members from the State bureaucracy and only one member from the judiciary on the Selection Committee that recommends appointment of the President and member-judges to the State and District Consumer Commissions.

The division bench comprising Justices Atul Chandurkar and Vrushali Joshi observed the rule was “diluting the involvement of the judiciary” and the “lack of judicial dominance” was in “contravention of the doctrine of separation of powers and also an encroachment on the judicial domain.”

The court further quashed Rule 10(2) to the extent it prescribed only a four-year tenure for members instead of five and additionally found the advertisement issued by Maharashtra's Department of Consumer Affairs for recruitment to be without jurisdiction for one of the two written papers.

As Rule 6(1) was struck down, the court consequently set aside the notifications issued in June this year constituting the selection committees.

Sarpanch/Upa-Sarpanch Election Must Be Conducted Via Secret Ballot Instead Of Show Of Hands If Even One Panchayat Member Demands: Bombay High Court

Case Title: Aarti w/o Santosh Pawar v. State of Maharashtra and Ors.

Citation: 2023 LiveLaw (Bom) 492

The Bombay High Court held that the election of Sarpanch/Upa-Sarpanch must be conducted by secret ballot even if just one panchayat member present at the meeting requests election through secret ballot election instead of show of hands.

Justice Kishore C Sant of the Aurangabad Bench held that the method of conducting election cannot be decided by the majority opinion.

“It is, therefore, provided necessary that even if one person asks for secret ballot instead of voting by show of hands, it needs to be held in that way. Whether to hold election by secret ballot or show of hands cannot be let to the will of the majority. The Presiding Officer in this case decided to take voting by show of hands by recording that the majority of the voters demanded voting by show of hands and has committed the error”, the court held.

The court upheld orders setting aside the Upa Sarpanch election of a village conducted by show of hands despite a panchayat member’s request for a secret ballot.

Admission Fees Paid To Club Towards Corporate Membership Is 'Revenue' In Nature: Bombay High Court

Case Title: Swiss Re Services India Pvt. Ltd. v. Deputy Commissioner Of Income-Tax

Citation: 2023 LiveLaw (Bom) 493

The Bombay High Court held that the admission fees paid to a club towards corporate membership are wholly and exclusively for business purposes, and the same are revenue-generating in nature.

The bench of Justice K.R. Shriram and Justice Rajesh S. Patil also observed that the expenditure incurred towards entrance fees and annual membership would be a "revenue expenditure" because it has been incurred wholly and exclusively for business and not towards the capital account.

Such expenditure only facilitates the smooth and efficient running of the business enterprise and does not add to the profit-making apparatus of the business enterprise, the bench added.

The bench made this observation while dealing with a Writ petition filed by the petitioner/assessee (Swiss Re Services India Pvt. Ltd) which received a reassessment notice stating that there were reasons to believe that the petitioner’s income chargeable to tax had escaped assessment. The petitioner was directed to file a return of income, which the petitioner did. The petitioner was provided with reasons to believe there was an escape of income. The reasons to believe were the entrance and subscription fees to Willington Sports Club (WSC).

Other Developments

Criminal Defamation Case | Rahul Gandhi Approach Bombay High Court To Quash Legal Move Against Him

Congress leader and MP Rahul Gandhi has approached the Bombay High Court to dismiss a 2017 defamation case against him for allegedly linking the right-wing RSS organization to Bangalore-based journalist Gauri Lankesh's murder.

Gandhi has specifically challenged a 2019 order by the Borivali Magistrate refusing to dismiss the defamation complaint by an RSS ideologue and lawyer.

Congress leader contends he has been wrongly arraigned as an accused in the case along with CPI(M) Secretary Sitaram Yechuri, who allegedly made a separate statement at a different time and place after Lakesh's murder.

Thus, the complaint itself is in violation of Section 218 of the CrPC which prescribes separate charges for separate offenses, Rahul contends in the plea filed through advocate Kushal Mor.

Aaditya Thackeray Moves Bombay HC To Intervene In PIL Seeking CBI Probe Into His Alleged Connection With Disha Salian, Sushant Singh Rajput Deaths

Shiv Sena (UBT) leader Aaditya Thackeray has filed an intervention application before the Bombay High Court in a PIL seeking CBI probe into his alleged connection with the deaths of actor Sushant Singh Rajput and celebrity manager Disha Salian.

According to the application, the PIL lacks any element of public interest, and has been filed as a tool to settle personal grudges, propagate false propaganda, and gain political mileage, particularly in light of the impending Lok Sabha and Vidhan Sabha elections.

The intervention application has been filed in response to allegations made against Thackeray in the PIL by the Supreme Court and High Court Litigants Association, represented by its President Rashid Khan Pathan. The PIL seeks a CBI probe into Thackeray’s alleged connection with the deaths of Salian and Rajput.