Bombay HC Asks Bar Council To Clarify Stand On Complaints Filed Against Advocates For Appearing For Their Client, Calls It 'Serious & Larger Issue'

While noting that a mother and son duo had filed a complaint against an advocate who was representing their daughter/sister in her matrimonial dispute, the Bombay High Court recently ordered the Bar Council of Maharashtra & Goa (BCMG) to clarify its stance on the issue of litigants unnecessarily filing complaints against advocates and impleading them as respondents in writ petitions. A division bench of Justices Girish Kulkarni and Advait Sethna questioned the locus of the petitioners...

Spouse Threatening To Commit Suicide And Attempting It Is Cruelty, Grounds To Seek Divorce: Bombay High Court

The Bombay High Court has held that a spouse threatening to commit suicide and even attempting the same, would amount to cruelty and it can be a ground for one to seek divorce under the Hindu Marriage Act. Justice RM Joshi dismissed the second appeal filed by a woman, who challenged a judgment of a Family Court, which had granted decree of divorce in favour of the husband with a finding that his wife subjected him to cruelty. The judge noted from the contentions of the husband, that...

Bill To Regulate Coaching Centres Likely To Be Tabled Before State Assembly In Monsoon Session: Maharashtra Govt Tells Bombay High Court

In relation to a Public Interest Litigation (PIL) seeking regulation of coaching institutions, the State government told the Bombay High Court that it has prepared a draft bill on the issue and that the bill would likely be tabled before the State Legislative Assembly in the monsoon session.The PIL filed in 1999 raised grievances that various private coaching centres were being run in the...

Arbitrator's Decision To Postpone Issue Of Partnership Firm's Dissolution To Stage Of Final Hearing Not Perverse: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that the decision of the Arbitrator to postpone the issue of determining the date of dissolution of the partnership firm to the stage of final hearing cannot be considered perverse for the purpose of section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), as it requires evidence to...

Bombay HC Directs Pollution Control Board To Hear Merchants' Representation On Charcoal Use In Bakeries Before Issuing Show Cause Notices

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) to grant a Charcoal Merchants Association an opportunity to be heard regarding the show cause notice being issued to various bakeries for using charcoal. A division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik asked the MPCB to hear the association before issuing any show-cause notices against the...

Legal Education Rules Framed By BCI Not In Consonance With Advocates Act: Law College Tells Bombay High Court In Plea Opposing Inspection

The Bombay High Court on Monday, reserved its judgment in a petition filed by a law school against an inspection notice issued by the Bar Council of India (BCI).The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college. The petitioner objected to the notice and argued that BCI does not have...

Bombay HC Quashes FIR Against Retd Professor Who Sent Obscene Message To Female Colleague, Claiming To Be Suffering From 'Mental Illness'

The Bombay High Court last week quashed a stalking case against a retired professor, who sent an 'obscene and objectionable' message to a female colleague, after noting that the accused was suffering from 'mental imbalance.'A division bench of Justices Sarang Kotwal and Shriram Modak noted that the complainant woman, too have given her consent to quash the First Information Report (FIR) that...

'High-Handed' : Bombay High Courts Slams Nagpur Civic Body For Demolishing Homes Of Accused In Communal Violence

The Bombay High Court on Monday pulled up the Nagpur Municipal Corporation (NMC) for its 'high-handed' approach in razing the houses of the persons named as accused in the recent communal violence in the city.A division bench of Justices Nitin Sambre and Vrushali Joshi heard the petitions filed by one Jehrunissa Shamim Khan, mother of prime accused Fahim Khan, who apprised the bench of the...

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC

The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 (Limitation Act) can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) due to the prevailing legal position at...

Retired Employee Entitled To Interest On Delayed Retirement Benefits After Exoneration In Departmental Inquiry: Bombay HC

Bombay High Court: A Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe ruled in favor of a retired Municipal Corporation employee, directing payment of interest on delayed retirement benefits. The court held that when retirement benefits are withheld due to pending inquiry and the employee is subsequently exonerated, interest becomes payable from the date following...

Court Must Assign Reasons For Accepting Or Rejecting Grounds Of Challenge U/S 34 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh Patil has held that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be dismissed merely by stating that the scope of interference is limited; the court must address each ground of challenge and provide reasoned findings. Brief Facts: The appellant (hereinafter...

Bombay High Court Weekly Round-Up: March 17 – March 23, 2025

Nominal Index: 2025 LiveLaw (Bom) 97 to 2025 LiveLaw (Bom) 109Rajesh Shantilal Adani & Anr. vs. State of Maharashtra & Anr. & Connected Matter, 2025 LiveLaw (Bom) 97V. Ravi Prakash vs. Mumbai Metropolitan Region Development Authority & Ors., 2025 LiveLaw (Bom) 98Mondelez India Foods Pvt. Ltd. v. Deputy Director, Employees' State Insurance Corporation, 2025 LiveLaw (Bom)...