Bombay HC
[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years
The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit
“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act”: Bombay HC
The Court held that no previous sanction as contemplated under S. 197 CrPC would be necessary for investigating and filing final report for offences under S. 509 IPC and S. 3 of the SC/ST Atrocities Act, except for the offences punishable under S. 506 IPC.
Rule of exclusion of writ jurisdiction due to availability of alternative remedy is discretionary and not compulsory; Bombay HC reiterates
Remanding the consumer dispute back to the District Consumer Commission, the Court relied on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, wherein it was observed that a Court may not entertain a writ petition due to availability of an alternative remedy, but the said rule cannot be said to be of universal application.
Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident
Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence
Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat
The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.
‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor
The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.
Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night
Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.
Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC
Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.
Assailing vires of a statutory provision does not oblige Court to examine and entertain petitions: Bombay High Court
Bombay High Court allowed the petitioner to avail the remedy of appeal under Section 406 of MMC Act assailing the impugned assessment orders within 4 weeks, to be adjudicated by appellate authority on merits.
HIGH COURT AUGUST 2023 WEEKLY ROUNDUP| Stories on Right to Health; WOW MOMO; sex-selective surgeries; Nuh demolition drive and More
A quick legal roundup to cover important stories from all High Courts this week.
Bombay High Court grants bail to a man accused of killing live-in partner and cutting her body parts
Bombay High Court expressed that the identification of totally decomposed body of the deceased needs to be decided during the trial.
Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman
Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.
Excise Commissioner was duty bound to cancel liquor licence for sale of IMFL on application of Legal Heirs: Bombay HC
The Court said that the transfer of the liquor licence is at the discretion of the authority concerned.
[Loan Disbursement] If one signing authority exonerated; the other cannot be held liable: Bombay High Court
Bombay High Court observed that if the respondent was to be indicted for his signature on loan disbursement cheque, the then President ought to have been indicted.
JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child
The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.
Bombay High Court refuses relief to Atomberg Technologies for its alleged infringement of fan design of Renesa Ceiling fan
Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.
Judicial Custody cannot be extended by mere letter to Court seeking to add more Sections against accused constituting serious offences: Bombay HC
The Court said that extension of remand, particularly after adding new Sections constituting a serious offence, is not a bare formality.
President appoints Justice Nitin Jamdar as Acting Chief Justice of Bombay High Court
Shri Justice Nitin Madhukar Jamdar, Judge of Bombay High Court has been appointed as Acting Chief Justice to perform the duties of
“Students neither have vested right nor legitimate expectation to claim relaxation in JEE Main 2023 eligibility”: Bombay High Court
The Bombay High Court reasoned that “JEE Main examination is held pan India and thousands, perhaps lakhs, of students participate in the same” while refusing to interfere with the government’s policy decision.