Bombay High Court
Institute Founded On Mahatma Gandhi's Teachings Must Treat Employees Fairly: Bombay HC Confirms Appointment Of Teacher On Probation For 7 Yrs
If an educational institution is founded on the teachings of Mahatma Gandhi, it must be treat all its employees 'fairly' without any 'exploitation', observed the Bombay High Court recently while confirming the appointment of a teacher, who was compelled to work on probation for nearly seven years. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the petitioner Reshu Singh was appointed as an Assistant Professor at Bhartiya Vidya Bhavan's Mumbadevi Adarsh Sanskrit...
Bombay High Court Orders Taking Down Of Six Videos Allegedly Defaming Maharashtra Minister Girish Mahajan
The Bombay High Court recently ordered taking down of six videos videos allegedly defaming BJP leader and Maharashtra Cabinet Minister Girish Mahajan, which were uploaded by two YouTubers, both of whom are journalists.Single-judge Justice Arif Doctor also restrained journalists Anil Thatte and Shyam Giri, who own YouTube channels - Anil Gaganbhedi Thatte and Mudda Bharat Ka, respectively. "I find that a case for the grant of ad interim relief has been made out. The statements made by...
No Clause In Private Agreement Can Nullify Statutory Rights Under Maharashtra Cooperative Societies Act: High Court
The Bombay High Court stated that no clause in a private agreement can nullify a statutory right under Maharashtra Cooperative Societies Act, 1960 (MCS Act), nor can it be the sole foundation for an administrative action of such severity as deregistration.In this case, the issue before the bench was whether an apex cooperative housing association validly registered under Section 154B of the MCS Act, consisting of duly registered societies of flat purchasers, can be deregistered on the objection...
Amalgamation Of Two Trusts Not Germane For Inquiry Conducted U/S 50A Of Trusts Act: Bombay High Court
The Bombay High Court stated that amalgamation of two trusts are not germane for inquiry to be conducted under Section 50A Of Trusts Act.Further, the Bench of Justice Sharmila U. Deshmukh disagreed that the publication of notice in official Gazette is sought to be elevated to the status of a jurisdictional condition for exercise of power under Section 50A(2). “It is the formation of prima facie opinion that the proposed amalgamation is in interest of proper management or administration of...
Acquiescence To Termination Notice Of Agreement Bars Interim Relief U/S 9 Of Arbitration Act: Bombay High Court
The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that when a party is aware of a termination notice issued by the other party and conducts itself on the assumption that the termination has taken effect, it cannot later seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) on the ground that the other...
Bombay High Court Grants Bail To Bangladeshi National Booked For Illegally Entering India
The Bombay High Court recently granted bail to an alleged Bangladeshi national, accused of entering India through illegal means, after noting that she was produced before the Magistrate for remand after more than 24 hours of her arrest. Single-judge Justice Milind Jadhav noted that the prosecution arrested the applicant Sabnam Suleman Ansari (34), a resident of Vashi, Navi Mumbai, on January...
Tribunal's Attempt To Correct Error By Entertaining Fresh Application For Deemed Conveyance Of Land Constitutes Jurisdictional Error: Bombay HC
The Bombay High Court, by an order dated 05.05.2025, has allowed a plea challenging an order passed by the District Deputy Registrar, Co-operative Societies, Mumbai City, whereby it issued certificate of Deemed Conveyance of land measuring 2120.25 sq.mtrs. in favour of Torana Co-operative Housing Society, which the petitioners termed as a violation of principles of res-judicata.Setting aside...
Bombay High Court Asks State To Retrospectively Apply GO Allowing Dependent Parents To Avail Family Pension Upon Unmarried Child's Death
In a significant ruling, the Bombay High Court held that the Maharashtra Government Resolution (GR) issued on January 22, 2015, which allows the parents of a 'single' or 'unmarried' son or daughter to receive family pension post the child's death, should be made applicable retrospectively to the extent that 'dependent' parents surviving on the date when the GR was issued, are granted...
Abu Salem Committed Many Offences In India, Yet To Complete 25 Years Of Jail Term: Maharashtra Govt Tells Bombay High Court
The Maharashtra Government on Wednesday (May 7) told the Bombay High Court that terrorist Abu Salem has not yet completed 25 years of imprisonment and thus he cannot be granted a 'premature' release.A division bench of Justices Girish Kulkarni and Advait Sethna is seized with a plea filed by Salem seeking premature release arguing that he has already completed 25 years of imprisonment...
Woman's Character & Morals Not Related To Number Of Sexual Partners, Her 'No' Means 'No': Bombay HC Upholds Gang Rape Conviction
"A woman's character or morals are not related to the number of sexual partners she has had", said the Bombay High Court on Wednesday while emphasising that a 'No' by a woman means a 'No' and there is no 'presumption of consent' based on a woman's so called 'immoral activities.'In a strongly-worded order, a division bench of Justices Nitin Suryawanshi and MW Chandwani upheld the conviction...
Bombay HC Relief To Banker Who Asked Employee To Convince Clients Like She Convinces Her Husband, Says No Intent To Outrage Modesty
The Bombay High Court recently quashed an 'outraging modesty' FIR lodged against an Assistant General Manager of the State Bank of India (SBI) who was booked for telling a senior woman clerk that "she should convince the clients as she convince her husband." A division bench of Justices Anil Kilor and Pravin Patil while quashing the FIR observed that there was no intention on part of...
Bombay High Court Flags "Dangerous Culture" Of Police "Copy Pasting" Statements Of Witnesses In Criminal Cases
The Bombay High Court recently took suo motu cognisance of the 'dangerous culture' of police officers 'copy-pasting' statements of witnesses in criminal cases while investigating even serious offences. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh slammed the Maharashtra Police for resorting to 'copy-pasting' statements of witnesses and remarked that the same is dangerous...