Justice A.S. Chandurkar Archives

‘Cannot direct the University to lower cut-off standard’; Bombay HC upholds cancellation of admission after 2 years due to insufficient International Baccalaureate points

If the University gave necessary accommodation of issuing provisional eligibility based on predicted marks and then if the student does not actually score as per prediction, then the College or the University cannot be blamed.

Case Briefs High Courts

‘Not in excess of permissible 25% quota’; Bombay HC dismisses plea challenging Nomination in recruitment process of District Judges

By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.

Case Briefs High Courts

Collector’s direction under S.142(1) of Maharashtra Prohibition Act, 1949 to close liquor shop to maintain public peace must be specific and not general: Bombay HC

The Collector’s power under Section 142(1) is not restricted to one place, provided the Collector forms an opinion that it is in the public interest to keep the ‘place’ or ‘places’ closed ‘where’ the intoxicant or hemp is sold.

Case Briefs High Courts

‘Appellate Court must respect Trial Court’s findings unless there is clear error/failure of justice’: Bombay HC upholds Single Judge’s order appointing Court Receiver in partnership dispute

The Single Judge in order dated 16-07-2024 held that there are enough documents proving that appellant had started construction on Virar property even though there is a status quo order, and thus, to safeguard and preserve the property, a Court Receiver needs to be appointed.

Case Briefs High Courts

Bombay HC rejects Amit Goenka’s plea challenging SEBI’s order appointing KPMG as Forensic Auditor in Shirpur Gold Refinery case

As petitioner filed reply to the show cause notice and had already questioned the appointment of KPMG as Forensic Auditor and the Report, he is free to pursue the matter before SEBI in accordance with law.

Case Briefs High Courts

Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application

The Court stated that granting such relief would cause injustice to other applicants who were similarly situated as the petitioner and who could not submit their applications by the prescribed deadline.

Case Briefs High Courts

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.

Case Briefs High Courts

‘Judges must not tarnish image of the Judiciary’; Bombay High Court upholds removal of Civil Judge

“Judges, while discharging their functions, exercise the sovereign judicial power of State, and hence standards expected to be maintained are of highest nature”