High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons - Mahesh Khedkar, Anusayabai Khedkar (son and mother) and Datta Kokate to contest the upcoming assembly...

Crackdown On Any Attempts To Install Illegal Hoardings After Election Results: Bombay High Court To State, Heads Of Police

The Bombay High Court has directed the State government, District heads of police and Director General of Police to be 'vigilant' against illegal hoardings after the declaration of State assembly elections and take action against any attempts to erect illegal hoardings and banners by political parties and its supporters.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar also directed the DGP to instruct the police heads to provide the necessary...

Bombay High Court Dismisses PIL Challenging ECI's Directive Prohibiting Mobile Phones In Polling Booths

The Bombay High Court has refused to provide relief in a Public Interest Litigation (PIL) challenging the directions of the Election Commission of India (ECI) that prohibited voters from carrying mobile phones in the polling booths.The PIL was filed by one Ujala Shyambihari Yadav, who claimed to be an 'active member" of the Maharashtra Navnirman Sena (MNS). The petitioner challenged the ECI's notification dated 10 June 2023, which prohibited the use of cell phones by voters within use within 100...

Bombay High Court Weekly Round-Up: November 11 - November 17, 2024

Citations 2024 LiveLaw (Bom) 580 to 2024 LiveLaw (Bom) 593Nominal Index:Naresh Goyal v. ED, 2024 LiveLaw (Bom) 580Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw (Bom) 581Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw (Bom) 582M/S. Truly Pest Solution Private Limited vs. Principal Chief Mechanical Engineering, 2024 LiveLaw (Bom) 583Radhabai Shirke vs...

PIL In Bombay High Court Challenges Temporary Appointment Of DGP Till Completion Of State Assembly Elections

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the State government's order appointing the Director General of Police, Maharashtra, on a temporary basis till the completion of State Assembly Elections 2024.The petitioner, Pratul Ramchandra Bhadale, an advocate, challenges the State government's order dated 05 November 2024, in which Sanjay Kumar Verma was appointed as DGP for a temporary period. The petitioner relies on the directions issued by Election...

Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court

The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.The High Court held so while considering the prayer...

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price. The court further said that no devotee must be harassed or extorted by selling flowers at exorbitant...

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of...

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Bombay High Court (Nagpur Bench): A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention...

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family (parents and son) convicted for killing four members of the maternal family over a land dispute.A division bench...

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that...

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the...