Bombay High Court Quarterly Digest: January To March 2025

Citations: 2025 LiveLaw (Bom) 1 to 2025 LiveLaw (Bom) 122Nominal Index:Smita Pansare vs State of Maharashtra, 2025 (LiveLaw) Bom 1Prameya Welfare Foundation vs. State Of Maharashtra, 2025 LiveLaw (Bom) 2Shweta Tiwari vs State of Maharashtra, 2025 LiveLaw (Bom) 3Amit Chavan vs State of Maharashtra, 2025 LiveLaw (Bom) 4Jindal Cocoa LLP & ors. vs. Reserve Bank of India & ors., 2025...

Acted As Client's Agent: Bombay HC Asks State Bar Council To Enquire Into Lawyer's Conduct Who Sought Adjournment To Delay Order Pronouncement

The Bombay High Court has directed the Bar Council of Maharashtra and Goa to hold an enquiry regarding the conduct of an advocate, who sought adjournment despite the case being listed for passing order.Remarking that the counsel acted as a “mouthpiece” of his client, Justice Madhav J. Jamdar observed that advocates' first duty is towards the court and that advocates are not the agents...

No Bar On Arbitrator To Allow Withdrawal Of Claims Provided Legitimate Interests Of Other Party Are Not Prejudiced: Bombay High Court

The Bombay High Court bench of Justices Revati Mohite Dere and Dr. Neela Gokhale has held that the arbitrator can allow the parties to withdraw their claims to initiate fresh arbitration proceedings by issuing a new notice of arbitration, provided that the legitimate interests of the other party are not prejudiced. Brief Facts: An agreement was executed between the Petitioner, in...

Human Teeth Not 'Dangerous Weapon', Injury Caused By It Falls U/S 323 IPC And Not 324 IPC: Bombay High Court

The Bombay High Court has observed that causing injury by biting with human teeth constitutes 'voluntarily causing hurt' under Section 323 IPC rather than Section 324 IPC as human teeth cannot be considered as a 'weapon'.A division bench of Justice Vibha Kankanwadi and Justice Sanjay A. Deshmukh were considering applicants' plea for quashing of proceedings against them. The applicants were...

High Court Issues Notice To State On Plea Seeking 'Carrying Capacity Survey' In Mumbai For Sustainable Urban Development

A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking 'Carrying Capacity Survey' for the city of Mumbai to address the address conflict between urban development and environmental sustainability.'Carrying Capacity' of an area is the population carrying capacity of the area. The petition refers to a IIT Guwahati Working Paper, which defines carrying capacity as...

Presumption U/S 16 HAMA Conditional Upon Signing Of Adoption Deed By Persons Giving And Taking Child In Adoption: Bombay HC

The Bombay High Court has observed that mere registration of an adopted deed cannot give rise to a presumption under Section 16 of the Hindu Adoption and Maintenance Act, 1956. It noted that the presumption under Section 16 is conditional upon the signing of the deed by the person giving and the person taking the child in adoption.“Only because the adoption deed is a registered document...

Bombay High Court Passes John Doe Order Against Sale Of Counterfeit & Contraband 'Closeup', 'Pepsodent' Goods

The Bombay High Court has granted ex-parte ad-interim in favour of Hindustan Unilever, against infringement of its trademark and copyrights in its 'Closeup' and 'Pepsodent' toothpastes, by unknown persons selling counterfeit products.Hindustan Unilever, which manufactures various home and personal care products, alleged that unknown defendants were selling counterfeit and contraband...

Bombay High Court Slaps ₹2 Lakh Cost On BMC For Razing Structure Used As Temporary Shelter For Cancer Patients

The Bombay High Court recently imposed Rs 2 lakh costs on the Municipal Corporation of Greater Mumbai (MCGM) for high-handedly demolishing a structure which was used to provide temporary shelter and food for the cancer patients taking treatment in the city's Tata Memorial Hospital.Single-judge Justice Gauri Godse while imposing costs of Rs 2 lakh, observed that the officers acted...

Bombay HC Refuses To Entertain PIL Apprehending Coercive Action By State Against Those Who Shared Kunal Kamra's Controversial Comedy Clip

The Bombay High Court has disposed of a Public Interest Litigation (PIL) that raised apprehension that the Maharashtra government would take coercive action against those who shared Kunal Kamra's comedy clip, where he made the "gaddar" comment purportedly against Maharashtra's Deputy CM Eknath Shinde.The PIL filed by one Harshvardhan Navnath Khandekar argued that there should be equality...

Bombay High Court Dismisses PIL On Alleged Illegalities In Govt Tender For Supply Of Ambulances

The Bombay High Court has dismissed a petition concerning alleged illegalities in the state government tender process for the supply and operation of emergency medical services and ambulances.The tender, Maharashtra Emergency Medical Services (MEMS) Project 2024, was challenged on grounds that the previous contract awarded was extended without reasonable justification and that the...

Once Marriage Is Registered, Husband Can't Be Booked For Rape On Ground That He Did Not Fulfill Promise To Marry As Per Customs: Bombay HC

Once a marriage is legally registered and a couple establishes sexual relations, the husband cannot be booked for rape because he did not fulfill his 'promise to marry the wife as per religious customs', the Goa bench of the Bombay High Court, held recently.A division bench of Justices Bharati Dangre and Nivedita Mehta quashed the FIR lodged against a man, who was accused by his 'legally...

Bombay HC Five-Judge Bench Orders Removal Of 'Scandalous' Video Of Adv Nilesh Ojha Making 'Defamatory Allegations' Against Sitting Judges

The Bombay High Court on Tuesday ordered YouTube and Marathi news channel - ABP Majha, to remove a 'scandalous' video of advocate Nilesh Ojha, who made 'defamatory' allegations against sitting judges of the High Court.A five-judge bench led by Chief Justice Alok Aradhe also issued a show cause notice to Ojha for making 'scandalous and defamatory' allegations against Justice Revati Mohite-Dere...