Justice Rohit W. Joshi Archives

‘District Judge’s conduct to reject urgent hearing is unbecoming of any judge’; Bombay HC grants child’s interim custody to father to undergo open-heart surgery

The Court directed that the child will be in the father’s custody during hospitalization and the mother will get the child’s custody subject to further medical advice.

Case Briefs High Courts

Bombay HC denies relief to Symbiosis Law School student, suspended for her Instagram post on ‘Operation Sindoor’

The Court took note of the various posts by the petitioner on her Instagram, where most of the posts appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently.

Case Briefs High Courts

‘Constructive possession enough for gift transaction’; Bombay HC rejects second appeal of brother claiming right to property gifted by father to the other son

“When the donor and donee, who are father and son, are residing together in residential house owned by the father, it is not expected that after gifting the property by way of Hiba, the father would leave the residence.”

Case Briefs High Courts

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Limitation for prosecution under Section 498-A¹ of IPC does not continue for indefinite period as such interpretation will render Section 468² of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.

Case Briefs High Courts

‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order

Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”