Sanjay Gandhi National Park forest workers
Case BriefsHigh Courts

“If Government’s argument is accepted, it would amount to enslavement of these workmen and bonded labour. The Court cannot be a mute spectator to this situation.”

stamp duty refund on failed transaction
Case BriefsHigh Courts

Rejecting the application on the ground of non-availability of Deed of Cancellation was a hyper-technical view adopted by the Revenue Authority which defeated the purpose of the provision under Section 47(c)(5) of the Maharashtra Stamp Act, 1958.

Captain R Tamil Selvan
Case BriefsHigh Courts

“Once such scrutiny attains finality, then election can only be set aside under Section 100 if it is shown that the result of such election has been materially affected by non-compliance with the provisions of the Constitution or the RP Act.”

forum shopping by litigants
Case BriefsHigh Courts

“A Judge may recuse himself from a case entrusted to him by the Chief Justice with his own choice but recusal at the asking of a litigating party, unless justified must never to be acceded to. This would give the impression of the Judge being scared out of the case, just by the sheer force of the objection.”

maintenance charges proportional to flat size
Case BriefsHigh Courts

The Court specified that just because members of condominium had passed a resolution of equal maintenance does not mean that they are estopped from application of the provisions of the Maharashtra Apartment Ownership Act, 1970.

Bombay High Court
Case BriefsHigh Courts

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.

Bombay High Court
Case BriefsHigh Courts

The National Police Mission, Bureau of Police Research and Development issued communication to Police of all states/Union Territories in respect of Model FIR in registration of cases in narcotics under Section 52 of the NDPS Act and associated documents. The communication was issued as in recent times, several NDPS cases resulted in ‘acquittal’ in the Courts due to procedural irregularities.

Bombay High Court
Case BriefsHigh Courts

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”

Bombay High Court
Case BriefsHigh Courts

Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.

Bombay High Court
Case BriefsHigh Courts

“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”

Bombay High Court
Case BriefsHigh Courts

“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”

Bombay High Court
Case BriefsHigh Courts

“Constantly witnessing his peers moving ahead in life causes frustration which could create an emotion of rebellion, and coupled with the exposure to criminality in prison, it could easily gain traction and push him to become a hardened criminal.”

Bombay High Court
Case BriefsHigh Courts

The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.

Bombay High Court
Case BriefsHigh Courts

Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.

Bombay High Court
Case BriefsHigh Courts

If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.

Bombay High Court
Case BriefsHigh Courts

Though petitioner’s parents have supported her sister’s decision to stay with Respondent 1 and his daughters due to her state of depression after losing her husband and daughter in the accident, this cannot be a consideration for this Court to consider that petitioner’s sister is the biological mother of petitioner’s daughters merely because she is the egg donor.