Simranjeet, Author at SCC Times

Bombay HC stays Rs 1.5 crore costs imposed on AAI over unpaid airport charges dispute with Irish Company, Aer Lingus Ltd.

“The officials of the applicant, i.e., the Airport Authority of India, may have been over cautious in protecting its interest and hence impleaded Respondent 1 which is the owner of the aircrafts”.

Case Briefs High Courts

Bombay High Court directs State to consider separate registration facility for patients who will need organ transplant in future

When the health and life of the patient itself is rendered delicate and worrisome, any procedure for the basic requirement of registration needs to be of absolute ease and comfort.

Case Briefs High Courts

Bombay HC restrains Innovation Coatings (P) Ltd. from using “INOVA 1K PUR” mark; grants interim injunction to Pidilite for mark “1K PUR” for adhesive products

The defendant’s contention that the expression “1K PUR” is common to trade or publici juris, was rejected and the Court opined that a party asserting that a word/expression has become common to trade must satisfy the test of extensive, actual, and continuous use of such an expression in the market.

Case Briefs High Courts

Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC

The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.

Case Briefs High Courts

‘Recording of evidence crucial part of trial’; Bombay HC denies relief to police officer who laughed at a Judge while deposing on video conference

A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.

Case Briefs High Courts

‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Bombay HC quashes forgery case against advocate

A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.

Case Briefs High Courts

‘Only Talaq-e-Biddat (Triple Talaq) is prohibited and not Talaq-e-Ahsan’; Bombay HC quashes FIR against husband and his parents

Respondent 2 stated that the notice which her husband, Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her.

Case Briefs High Courts

Bombay HC constitutes a three-member Committee to look into the issue of non-availability of wheelchairs at the airports

The Committee constituted by this Court, will purely have a recommendatory role; to be discharged in the larger interest of the air travellers with special needs and it is for the Director General of Civil Aviation ultimately to consider the recommendations and take an appropriate call on the issue, as may be permissible in law.

Case Briefs High Courts

No employer can impose restriction on freedom of Trade Union members to contest elections or continue as Office Bearers: Bombay High Court

The freedom to franchise/to contest an election/select from amongst the contesting candidates/to enjoy a term prescribed under the constitution of the Union, etc., cannot be curbed by a circular or Office Memorandum of an Employer.

Case Briefs High Courts

Foreign travel will not constitute ‘sufficient cause’ for condonation of delay under S.5 of Limitation Act: Bombay HC

The Court was sympathetic to the difficulty cast on the petitioner on account of restricted movement due to hostile weather and old age, but the Court did not understand as to what precluded his counsel from acting on his behalf.

Case Briefs High Courts

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune, concluded that as per history, past medical records, clinical examination, and psychological assessment, the petitioners’ mother was suffering from Dementia.

Case Briefs High Courts

‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Bombay HC upholds conviction of two members of Chhota Rajan gang

“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.

Case Briefs High Courts

Bombay High Court directs State Advisory Board to consider grievances of differently abled persons for accessibility at bus stops/terminals

Under Section 66 of the Rights of Persons with Disabilities Act, 2016, the State Advisory Board on Disability for differently abled persons has been constituted.

Case Briefs High Courts

‘Classic case of honey trap’; Bombay HC grants bail to former Navy apprentice accused of sharing sensitive information

Honey trap typically involves an individual, often an intelligence agent, who assumes a false identity and cultivates a relationship with the target. Such a relationship is built on the foundation of trust and intimacy exploiting the target’s vulnerability and desires.

Case Briefs High Courts

Parents of two children suffering from disabilities can adopt a third normal child: Bombay High Court

There is nothing wrong if the parents are looking for a new hope and optimism with their ability of receiving an additional member in their family and by doing so, achieve a mutual fulfillment to make life more meaningful towards fulfillment of the dream they cherish.

Case Briefs High Courts

Bombay High Court directs framing of policy to deal with dumping of seized vehicles on public roads

In Mumbai, open spaces are not available and is a major constraint, so, parking/dumping of seized vehicles cannot be resorted causing serious inconvenience to the public at large.

Case Briefs High Courts

‘Husband’s promise to marry as per religious customs cannot be said to be false promise once marriage is legally registered’; Bombay HC quashes rape and cheating case against husband

Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.

Case Briefs High Courts

Bombay HC dismisses PIL alleging illegality in the tender process for providing ambulances for Emergency Response Service

The State Government is required to follow the guidelines laid down by National Health Mission Conditionalities Framework 2022-2024 and increase the number of ambulances as per the population norms.

Case Briefs High Courts

‘Accused person died while in police custody, requires thorough investigation’; Bombay HC directs to constitute a SIT in Badlapur Encounter Case

Crimes affect entire society and thus the legitimate interest of the society in the investigation cannot be easily brushed aside. It is important to strengthen the faith and confidence of the people in law enforcing agency and this institution, lest the faith of the people in administration of justice stands shaken.

Case Briefs High Courts

‘Cannot be rendered stateless, residing in India for past 60 years’; Bombay HC directs authority to consider woman’s citizenship plea

Respondent 3-Deputy Collector (General), Mumbai, disposed of the petitioner’s application holding that she is a stateless national and has given incorrect details regarding the validity of her visa.