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Bombay High Court Weekly Round-Up:...

Bombay High Court Weekly Round-Up: 07 October – 13 October, 2024

Sanjana Dadmi

14 Oct 2024 1:00 PM IST

[Indian Succession Act] Executor's Imprisonment Affects Management And Administration Of Deceased's Large Estates: Bombay High Court

Case title: Laura D'Souza vs. Lalit Timothy D'Souza

Citation: 2024 LiveLaw (Bom) 504

The Bombay High Court has observed that the incarceration of an executor of a will, who has to administer and manage 'large' estates and business ventures, would operate as a 'legal disability' for the executor to manage such estates.

A single judge bench of Justice N. J. Jamadar observed “If the estate is such that it does not require active management as is in the case of a passive investment, the incarceration of the executor may not have a bearing. However, whether the estate is large and comprises running business ventures, which require day to day management, it would be difficult to accede to the submission that the incarceration does not operate as a legal disability.”

Bombay High Court Slams State For Opposing Unmarried Woman's Pregnancy Termination As She Did Not "Fit Criteria" Of Being Widow Or Divorcee

Case title: XYZ vs.The State of Maharashtra & Anr.

Citation: 2024 LiveLaw (Bom) 505

The Bombay High Court on Monday pulled up the Maharashtra Government for opposing the 20-weeks medical termination of pregnancy of an 'unmarried' woman on the ground that she 'does not fit' the criteria for undergoing an abortion.

A division bench of Justices Sarang Kotwal and Dr Neela Gokhale questioned the 'rationale' in the argument put forth by the State that for the petitioner, a 23-year-old unmarried woman, to benefit from the Medical Termination of Pregnancy (MTP) Act, must fit in the criteria i.e. she either must be a widow or a divorcee.

Bombay High Court Revives PIL On Potholes And Poor Road Conditions

Case title: Ruju R. Thakker vs. State Of Maharashtra And Ors.

Citation: 2024 LiveLaw (Bom) 506

The Bombay High Court has stated that it would revive a Public Interest Litigation (PIL) on the issue of potholes in Mumbai and other districts in Maharashtra.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was pronouncing the judgment on a contempt petition filed by Advocate Ruju Thakkar alleging non-compliance of Court's order to maintain good road conditions by the BMC and other authorities. While the Court disposed of the contempt petition, it stated that given the larger public interest and fundamental rights involved in the case, it would revive the PIL.

Bombay High Court Slaps Rs 1 Lakh Cost On Husband Who Opposed Wife's Plea To Transfer Divorce Proceedings Despite Her Hardships

Case Title: S vs R

Citation: 2024 LiveLaw (Bom) 507

The Bombay High Court recently came to the aide of a woman, who was being 'compelled' by her estranged husband to travel at least 8 hours along with her pre-term born now 15-months old son, to attend divorce proceedings and also slapped a fine of Rs 1 lakh on the husband in order to ameliorate her hardships.

Single-judge Justice Milind Jadhav noting the 'hardships' of the woman, transferred the divorce proceedings initiated by the husband at Vasai in Thane district to Bandra Family Court in Mumbai.

'Substantiative Powers' Of Municipal Corporations Can't Be Used To Benefit Developers: Bombay HC Paves Way For Demolishing Portions Of Thane Mall

Case Title: Natvar Patel vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 508

The Municipal Corporations and their Commissioners do have substantial powers under the Maharashtra Municipal Corporation (MMC) Act, 1949, however, these powers can never be exercised to benefit the builders or developers at the cost of public amenities, observed the Bombay High Court on Monday (October 7) while imposing a cost of Rs 2 lakh on a developer and the Thane Municipal Corporation (TMC) for permitting developer to construct a mall over a Nallah (drain).

A division bench of Justices Mahesh Sonak and Kamal Khata also set aside the February 2005 order of the TMC which regularised the illegally constructed portions of the popular Korum mall in Thane district, which would mean that the authorities will have to now demolish the mall.

Bombay HC Dismisses IIT Bombay's Appeal Against Payment Of Gratuity To Contract Workers

Case Title: Indian Institute of Technology by its Registrar vs Dadarao Tanaji Ingle and Ors.

Citation: 2024 LiveLaw (Bom) 509

On 4th October, a Single Bench of the Bombay High Court comprising of Justice Sandeep V. Marne heard a petition filed by Indian Institute of Technology, Bombay (“IIT Bombay”) challenging the order passed by Assistant Labour Commissioner (“Central”) acting as Controlling Authority under the Payment of Gratuity Act 1972, (“PG Act”), later then upheld by the Appellate Authority. The orders had allowed applications filed by Respondent i.e., the employees of the petitioner and directed payment of gratuity to them.

Shirdi Sai Baba Sansthan Is A Religious And Charitable Trust; Its Anonymous Donations Cannot Be Taxed: Bombay High Court

Case Title: Commissioner of Income Tax (Exemptions) vs Shree Sai Baba Sansthan Trust, Shirdi

Citation: 2024 LiveLaw (Bom) 510

The Bombay High Court on Tuesday (October 8) held that the Shree Sai Baba Sansthan Trust, Shirdi is certainly a religious and a charitable trust and thus the 'anonymous' donations to the tune of Rs 159.12 crores, it received in the hundi (cash collection box) during the assessment years 2015 to 2019, can be exempted from income tax.

A division bench of Justices Girish Kulkarni and Somasekhar Sundaresan upheld the October 25, 2023 order of an Income Tax Appellate Tribunal (ITAT) which had held that the Trust is both a charitable and religious one and thus was eligible to exemption from income tax on its anonymous donations.

Bombay High Court Sets Aside Order Denying Furlough To Prisoner For Not Doing Carpentry Work In Prison

Case Title: Dashrath Dhramaji Debur vs Special Police Inspector General Prison (East Region), Nagpur

Citation: 2024 LiveLaw (Bom) 511

The Bombay High Court recently quashed and set aside an order passed by the Special Police Inspector General of Prisons (East Region) which refused to permit furlough leaves to a convict on the ground that the prisoner refused to do 'carpentry' work while in jail.

A division bench of Justices Vinay Joshi and Vrushali Joshi, sitting at Nagpur, quashed the order passed by the Special Police Inspector General of Prisons, by which the officer refused furlough leave to the petitioner Dashrath Debur, a murder convict.

Purchase Of Goodwill And Continuing Same Business Must For Exemption Under Govt Notification Issued U/S 15(1) Of Bombay Rent Act: High Court

Case title: Julia Rodrigues vs. Chandra Gulab Advani & ors.

Citation: 2024 LiveLaw (Bom) 512

The Bombay High Court has observed that a Notification issued by the State Government on 24 September 1948, exercising its powers under the proviso to Section 15(1) of the Bombay Rent Act, 1947, permits a 'transfer of business' and not a 'transfer of tenancy' for certain commercial premises. Thus, the continuation of business must involve a purchase of goodwill so that the transfer is not considered as unlawful subletting under the Act.

A single judge bench of Justice Sandeep V. Marne was considering the petitioner-landlady's challenge to the District Court's order, which set aside the eviction decree passed by a Small Causes Court.

Bombay HC Directs Municipal Corporations & Local Bodies To Conduct 'Special Drive' To Remove Illegal Hoardings Of Political Parties, Revives PIL

Case title: Suswarajya Foundation, Satara And Anr vs. The Collector, Satara And Anr

Citation: 2024 LiveLaw (Bom) 513

The Bombay High Court has revived a PIL pertaining to illegal hoardings and banners put up by political parties in public places. It has directed municipal corporations, municipal councils and other local bodies to conduct a 'special drive' to remove illegal hoardings and banners on public streets, public parks and other places.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing contempt petitions against non-compliance with Court's order in a PIL, where it has directed municipal corporations and other local bodies to remove illegal hoardings of political parties.

Expulsion Forever Will Lead To 'Academic Death': Bombay High Court Grants Relief To Law Student Accused In Multiple Sexual Harassment Cases

Case Title: X vs Maharashtra National Law University

Citation: 2024 LiveLaw (Bom) 514

While disposing of a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC), the Bombay High Court on Thursday said that the student's expulsion for an 'unspecified' period would result in his 'academic death.'

A division bench of Justices Atul Chandurkar and Rajesh Patil opined that remanding the dispute back to the Vice Chancellor of the MNLU, would lead to a third round of litigation (the instant one being the second round), and thus, the petitioner student and also the complainant girl, both should not be subjected to any further distractions from their academic activities.

Bombay High Court Commutes Death Sentence Of Man Who Burnt Alive Woman, 2-Yr-Old; Awards Life Sentence

Case Title: State of Maharashtra vs Deepak Jath

Citation: 2024 LiveLaw (Bom) 515

The Bombay High Court on Thursday commuted the death sentence to life imprisonment of a 46-year-old man, who set ablaze two women and a two-year-old girl.

A division bench of Justices Revati Mohite-Dere and Shyam Chandak said the instant case, wherein the convict - Deepak Jath, set ablaze two women and a two-year-old girl, which led to the death of one of the women and the minor girl, does not fall in the category of 'rarest of rare' case, warranting death sentence to the accused.

Man Grooving His Neck Towards A Woman While Hearing Music & Riding Bike Is Not 'Stalking' : Bombay High Court

Case Title: Rakesh Shukla vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 516

A man grooving his neck, towards a woman, while hearing music and riding a bike, will not amount to the offence of stalking as provided under section 354-D of the Indian Penal Code (IPC), the Bombay High Court held on Friday. The court however, held that the act of riding a two-wheeler at a high speed and in a wavering manner, coming close to another two-wheeler and overtaking it, would amount to rash and negligent driving.

Single-Judge Justice Milind Jadhav therefore, quashed the conviction of one Rakesh Shukla, to the extent of the court convicting him for the offence of stalking but upheld his conviction for negligent and rash driving.

Bombay High Court Overturns Labour Court's Reinstatement Of Typist; Clarifies Regularization Criteria To Contractual Workers In State Instrumentalities

Case title: The Executive Engineer V/S Suchita Vijay Survey

Citation: 2024 LiveLaw (Bom) 517

A Single Bench of the Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Electricity Board (MSEB) and overturned a Labour Court award that had directed the MSEB to reinstate Suchita Vijay Surve as a permanent employee with 50% back wages. Surve had worked as a typist on a contractual basis for the Board and had sought permanency after six years of service. The Court ruled that there was no employment relationship, as Surve was never formally appointed, but only engaged on a work-for-hire basis.

Bombay High Court Reaffirms Binding Nature Of Emergency Arbitrator's Decision, Grants Interim Relief U/S 9 Of Arbitration Act

Case Title: Ashok Kumar Goel & Anr. vs. EbixCash Limited & Ors.

Citation: 2024 LiveLaw (Bom) 518

The Bombay High Court bench of Justice Arif S. Doctor has observed that the object and intent of section 9 of the Arbitration Act is to support Arbitration and not defeat and/or permit parties to detract from the very process of arbitration. Therefore, party autonomy being the bedrock of arbitration, this would necessarily apply from the agreement to the rendering of the final arbitral award. The court reiterated that once a party agrees to institutional rules and participates in an emergency arbitration proceeding, it cannot later claim that the Emergency Arbitrator's ruling is non-binding or invalid.

Bombay High Court Upholds MSRTC's Right To Dismiss Conductor For Repeated Misconduct; Domestic Inquiries Do Not Require The Same Standard Of Proof As Judicial Proceedings

Case title: Maharashtra State Road Transport Corporation V/SMr. Raghu Deu Mongal

Citation: 2024 LiveLaw (Bom) 519

A Single Bench of Bombay High Court comprising Justice Sandeep V. Marne ruled in favour of the Maharashtra State Road Transport Corporation (MSRTC). It set aside the Industrial Court's order and reinstated MSRTC's right to dismiss a conductor, Raghu Deu Mongal, for serious misconduct. The court held that the domestic inquiry was fairly conducted and the punishment was appropriate.

Other Orders/Observations:

Bombay HC Issue Notice On Plea Challenging MoU Between State And GOI-Owned Sanitary Napkins Manufacturer For Setting Up Dialysis Centres

The Bombay High Court has issued notice on a petition challenging the MOU between the Maharashtra government and HLL Life Care Ltd., a Government of India-owned corporation, which manufactures sanitary napkins and condoms, for providing Haemodialysis services in Maharashtra.

A Division Bench of Devendra Kumar Upadhyaya and Justice M.M Sathaye were hearing a petition challenging a Notice issued by HLL Life Care, under which only the empanelled firms with HLL were eligible to participate in a tender for providing haemodialysis services.

Bollywood Actor Shilpa Shetty, Husband Raj Kundra Move Bombay High Court Against Notice For Eviction From Residence, Farm House

Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, both have moved the Bombay High Court challenging the eviction notices issued to the couple after their residential premises in Mumbai's plush Juhu area and Farm House near Pawna Lake, were provisionally attached by the Enforcement Directorate (ED) in connection to an alleged crypto assets ponzi scheme case.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan on Wednesday (October 9) issued notice to the ED and has kept the matter for hearing on Thursday (October 10) afternoon.

Bombay High Court Asks State To File Affidavit On Steps Taken To Provide Facilities And Safety To Students Of Ashram Schools

The Bombay High Court has directed the State to file an affidavit concerning the steps taken by it to provide proper facilities and ensuring the safety of the students in various Ashram schools.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkarissued the directions in a Public Interest Litigation (PIL) concerning the conditions in the ashram schools in Maharashtra. The PIL alleged that the lack of facilities and safety measures in these schools caused the death of many students.

Won't Act On Eviction Notices Against Shilpa Shetty & Raj Kundra Till Their Plea Against Provisional Attachment Is Decided: ED In Bombay HC

In a relief for Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, the Enforcement Directorate (ED) on Thursday told the Bombay High Court that it will not act upon the 'eviction notices' issued to the couple to vacate their residential house in Juhu and their Farm House in Pune.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said it will dispose of the petition by recording the statement made by the ED counsel and stated in the order that the eviction notices should not be acted upon till the couple files application against the confirmation order passed by the adjudicating authority.