Justice Vibha Kankanwadi
‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.
Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR
“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
Printout of screenshots of Facebook defamatory posts not sufficient to prove that it is made from a fake account: Bombay HC
From the contents of FIR, it cannot be gathered that there is any other evidence to show that applicant has used the electronic signature, password, or any other unique identification feature of any other person.
‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late
In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.
Making audio recording of conversation inside police station not an offence under S.3 of Official Secrets Act, 1923: Bombay HC
The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B1 or Section 342 of the Penal Code, 1860.
Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC
The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.
Read why Bombay HC quashed S. 498-A IPC proceedings initiated against husband’s paramour by wife
“For the attraction of Section 498-A, cruelty shall be inflicted upon the wife either by the husband or a relative of the husband; a paramour in extra-marital affair is not a relative of the husband.”
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”