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The Court held that a registered sale deed supported by receipt of consideration and transfer of title cannot be contradicted by an unregistered agreement, and in the absence of dishonest intention from inception, no offence of cheating under Section 420 IPC is made out.
Three government canteens, a uniform 98% score, and not a single insect in sight, until a surprise inspection found flies, cockroaches, and a refrigerator “in shambles.” Meanwhile, a private restaurant lost its licence over a banana with black dots.
When a taxpayer told the Bombay High Court he was staring down a fourth round of arguments after the matter was heard thrice without any pronouncement of judgment, the Court didn’t just fix his case, it ordered every ITAT in the country to start following the 90-day rule under Rule 34, Income-tax (Appellate Tribunal) Rules, 1963.
The Bombay High Court restored a food business licence suspended under the proviso to Section 32(3), Food Safety and Standards Act, 2006, holding that once fresh inspections conducted pursuant to the Court’s orders demonstrated 95 per cent compliance and graded the establishment as “Compliance/Satisfactory”, continuance of the suspension no longer served the preventive object for which it had originally been imposed.
The Court held that with adequate material like a DNA test and joint acknowledgment of parentage, Section 15, Registration of Births and Deaths Act, 1969 permits correction of the birth certificate to replace the former husband’s name with that of the biological father.
The Court observed that modern cooperative housing societies have evolved into self-contained entities providing numerous services and amenities, making timely payment of maintenance charges essential for meeting operational expenses and statutory obligations.
Bombay High Court grants adinterim relief to practicing Advocate who contends that criminal liability has been foisted upon him for legal opinion rendered in professional capacity.
the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
Police entered a woman’s bedroom without a woman constable, seized her mobile phone without a seizure panchnama, and recorded no grounds in the case diary. Bombay HC holds both the search under Section 185 and the seizure under Section 105 of the BNSS violated mandatory procedure and Article 21 of the Constitution.
The Court held that a 21-year-old woman, being an adult, is legally competent to decide her residence, marriage, and education, and directed that she shall not be compelled to return to her parental home or treated as a missing person, as these matters of personal choice are protected under Article 21 of the Constitution.
The Bombay High Court declined interim relief in a copyright infringement and passing-off action concerning rival logo device marks, holding that resemblance between logos is not by itself actionable unless supported by evidence demonstrating copying or reasonable opportunity of access to the claimant’s work.
Bombay High Court held that notices and proceedings initiated against an entity that has ceased to exist are void and without jurisdiction, setting aside the assessment, show cause, and attachment notices issued to the amalgamating company, while allowing fresh proceedings against the surviving entity in accordance with law.
The Court held that the externment orders were unsustainable, as FIRs for agitations without police permission could not justify such action, which infringed upon the petitioner’s fundamental rights of free speech, expression, and dignity.
The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.
by Sanjeev Kapoor*, Dhritiman Roy** and Sania Abbasi***
The Bombay High Court dismissed a review petition filed by a law student barred from appearing in semester examinations due to less than 75 per cent attendance, holding that the application merely sought to reargue issues already decided and failed to satisfy the requirements for review under Order XLVII CPC.
In writ petitions challenging notices issued under the Disaster Management Act, 2005 restraining landowners from obstructing drainage work, the Court held that the action constituted a statutory flood mitigation measure backed by law and did not amount to deprivation of property under Article 300-A, thereby rejecting the challenge.
“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”
The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.
Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.