Bombay HC Orders Woman To Give Voice Sample To Verify Husband's Claim About Extra-Marital Affair, Says Magistrate Has Power Under DV Act

If there is adequate material on record, a person can be compelled to give voice samples, even in Domestic Violence cases, the Aurangabad bench of the Bombay High Court recently held while allowing a husband's appeal seeking a direction to his wife to provide her voice sample so as to prove her 'extra-marital' affair. Single-judge Justice Shailesh Brahme order a woman to provide her...

When Does Lis Pendens Cease To Operate? Bombay High Court Re-Examines S.52 Of Transfer Of Property Act Post-Alienation

The Bombay High Court while re-visiting Section 52 of the Transfer of Property Act has clarified the circumstances under which the Lis Pendens ceases to operate.The Bench of Justice Sharmila U. Deshmukh observed that “Post alienation by way of sale or surrender, the immovable properties are no longer available for distribution and what remains is money claim based on accounts and valuation of properties. Post alienation, the complexion of the suit changed into a suit for accounts or at...

Tenant's Mere Non-Cultivation Of Land Personally Does Not Amount To Breach Of S.32R Of Tenancy Act: Bombay HC

The Bombay High Court stated that mere tenant's non-cultivation of land personally does not amounts to breach of Section 32R of the Tenancy Act.The Bench of Justice Amit Borkar was addressing the issue of whether mere failure of the tenant to cultivate the land personally, in absence of proof of abandonment or unlawful transfer of possession, would justify resumption of land under Section 32R...

Court Commissioner Can Be Appointed At Pre-Mature Stage Under Order 26 Rule 9 CPC In Encroachment & Boundary Dispute Cases: Bombay High Court

The Bombay High Court stated that court commissioner can be appointed at pre-mature stage under Order XXVI Rule 9 CPC in encroachment and boundary dispute.The Bench of Justice N.J. Jamadar observed that “the provisions contained in Order XXVI Rule 9 of the Court indicate that the Court is empowered to appoint the court Commissioner to elucidate the matter in controversy. The term...

Bombay High Court Upholds ₹62 Lakh Compensation For Shah Rukh Khan's Employee Who Died After Being Injured In Road Accident

The Bombay High Court on May 09 upheld the Rs 62 lakh compensation awarded by a Motor Accidents Claim Tribunal (MACT) to the family of an employee of Red Chillies Entertainment, owned by actor Shahrukh Khan, who was severely injured in a road accident on March 25, 2012 and died later. A division bench of Justices Girish Kulkarni and Advait Sethna upheld the award granted to the family of...

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...

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....

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...

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...

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...