Bombay High Court Archives | Page 3 of 18

Delay in Divisional Commissioner’s approval cannot disentitle teachers from additional increment: Bombay High Court

Bombay High Court found the petitioners entitled to grant of additional increment to District Awardee Teachers in terms of the Government Circular. The Court held that delay in Divisional Commissioner’s approval to their selection cannot disentitle them from getting such additional increment.

Case Briefs High Courts

“The right to choose lies with the petitioner and not the Medical Board”, Bombay High Court allows termination of pregnancy of 32 weeks

Bombay High Court upheld the petitioner's right to choose termination of pregnancy. ‘The Court considers this petition as an appeal not only to the judicial mind, but to the moral conscience that must accompany it.'

Case Briefs High Courts

Several questions are unanswered by the NIA in Antilia Bomb Scare case; Bombay High Court rejects bail to Pradeep Sharma for alleged involvement in Mansukh Hiren murder case

NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.

Case Briefs Supreme Court

Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court

Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.

Case Briefs High Courts

Clauses in Information Brochure based on statutory Master Circular is enforceable; Bombay High Court sets aside Administrator decision to write down AT-1 bonds once Yes Bank stood reconstituted

The clauses in the Information Memorandum are based on the Master Circular which is issued by the Reserve Bank under its statutory powers. Information Memorandum and its clauses refer to Master Circular. The said Information Brochure has a statutory flavour. In that event, the agreement would have a statutory base and such an agreement can certainly be enforceable.

Case Briefs High Courts

Bombay High Court grants interim bail to former Chairman Videocon Group, Venugopal Dhoot for his arrest being in violation of Section 41, 41-A CrPC

Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.

Hot Off The Press News

Supreme Court Collegium reiterates Advocate Somasekhar Sundaresan elevation as a Bombay High Court Judge; says he can't be denied judgeship for expressing his views

The Supreme Court Collegium added that there are no indications of Advocate Somasekhar Sundaresan's links with any political parties with strong ideological leanings and emphasised on the right to free speech and expression under Article 19(1)(a) of the Constitution.

Case Briefs High Courts

Loss of character or bruised reputation cannot be restored even by judicial reprieve; Bombay High Court quashes FIR filed under S. 498 A IPC

Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.

Case Briefs High Courts

[JJ Amendment Act, 2021] Bombay High Court stays the change of exclusive jurisdiction over all adoptions including foreign adoptions from Courts to DM

The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’

Case Briefs Supreme Court

Including parole period while determining 14 years’ actual imprisonment for premature release may lead to influential persons applying for multiple paroles: SC

Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.

Case Briefs High Courts

‘Reason to arrest after four years, not spelt out in the arrest memos’; Bombay High Court grants interim bail to Chanda Kochhar and husband Deepak Kochhar

The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.

Case Briefs High Courts

Transfer of PAN is consequential to the Order of transfer of jurisdiction; Bombay High Court holds PAN follows the jurisdiction not vice versa

Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the

Case Briefs High Courts

[JJ Act] Bombay High Court issues notice to the Publisher and Editor of Mid-Day for alleged publication of name and photographs of the child in conflict with law

Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

Case Briefs High Courts

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

Case Briefs High Courts

Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer

Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.

Case Briefs High Courts

Bombay High Court issues show cause notice to Deputy Commissioner, Solid Waste Management Department and advocate seeking designated place within High Court to feed stray dogs

The High Court issued a contempt notice against an Advocate and a civic official, who acted on her request, after observing that a lawyer’s letter asking for a designated area within the Bombay High Court premises in Nagpur to feed dogs was for “publicity”.