Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case
The Court directed to remit the matter back for fresh disposal before another bench of the High Court.
Bombay High Court
Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers
The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”
Bombay High Court Settles the ULC Premium Conundrum in Maharashtra
by Abhiraj Gandhi† and Nirali Shah††
Cite as: 2023 SCC OnLine Blog Exp 34
[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court
The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.
CIT can revise erroneous order by Assessing Officer causing prejudice to revenue; Supreme Court overrules it’s 2000 verdict
The Supreme Court stated that the erroneous assessment order had resulted in loss of the Revenue in the form of tax. Thus, the High Court had committed a very serious error in setting aside the order passed by the Commissioner passed in exercise of powers under Section 263 of the Income Tax Act.
Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage
Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.
Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court
The court while denying the interim relief to ‘Phonepe’ said that it is settled law that when the plaintiff fails to make out a prima facie case in its favor, the aspects of grave and irreparable loss in the absence of interim reliefs and balance of convenience pale into insignificance.
Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence
Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence
Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case
Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.
Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation
Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.
“Government resolutions cannot override statutory rules”; Supreme Court upholds Bombay HC’s decision in dispute related to appointment of ACF
The Supreme Court proposed that service rules are liable to prevail, and that there can be Government resolutions in consonance and not in conflict with those rules.
Casting Couch: Model alleges rape; Supreme Court sets aside Bombay High Court’s order granting anticipatory bail to Businessman
The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.
Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case
While dismissing the petition seeking ED/CBI probe in Uddhav Thackeray income source along with other office bearers of Shivsena party, Bombay High Court held the same to be an abuse of the process of law.
“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody
Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.
“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim
Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.
“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court
Bombay High Court quashed two of State Government’s circulars, limited the stamp duty only to additional area purchased during redevelopment, and laid several pointers which shall apply further beyond the facts of the present matter.
Bombay High Court gets 4 new permanent judges
On 03-03-2023, the President has appointed following Additional Judges of Bombay High Court, to be Judges of Bombay High Court with effect
Bombay High Court grants anticipatory bail to auto driver in a POCSO matter
Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.