Justice Sandeep V Marne Archives

Violation of Natural Justice: Bombay HC quashes Municipal Corporation’s decision sanctioning road line through plot under ongoing slum rehab scheme

“The impugned road line had affected petitioner’s civil rights and therefore opportunity of hearing was necessary, though not specifically provided in Section 291 of the MMC Act and subsequently the Slum Rehabilitation Authority needs to properly apply its mind to all the relevant factors after granting opportunity of hearing to all parties concerned.”

Case Briefs High Courts

Disclosure of second marriage not a ground to unseat an elected candidate: Bombay HC upholds election of Palghar MLA Rajendra Gavit

“There might be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If contention about impermissibility to add column in Form 26 Affidavit is accepted, such candidate would never be able to contest any election as disclosure of information about additional wife would attract ground for declaring the election void.”

Case Briefs High Courts

Bombay HC directs enquiry into 2012’s New Year eve party with liquor at children’s shelter home

A PIL was filed by a social worker-petitioner in 2014 in relation to New Year eve liquor party, but no action was taken, hence, petitioner sought re-enquiry.

Case Briefs High Courts

Maharashtra State Information Commission shall decide second appeals/complaints under RTI Act as expeditiously as possible: Bombay HC

The State Government is presently considering the financial impact and will take an appropriate decision regarding the creation of additional posts for the State Information Commissioners if the occasion arises.

Case Briefs High Courts

Bombay High Court permits artisans to make idols of PoP, bars immersion in water bodies

The State Government is directed to take a policy decision regarding immersion of idols made of PoP in the light of the recommendations dated 21-5-2025 issued by the Expert Committee of Central Pollution Control Board.

Case Briefs High Courts

Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Bombay HC sets aside Industrial Court’s order

The Internal Complaints Committee of HDFC Sales (P) Ltd. did not consider the important issue that whether the allegations levelled against the petitioner in really constituted sexual harassment to the complainant.

Case Briefs High Courts

‘Not an industry carried on by/under Central Government’s authority’; Bombay HC hold State Government as appropriate Government for ARAI

Automotive Research Association of India performed various functions other than certification of vehicles and all its functions are not carried out under the authority of the Central Government.

Case Briefs High Courts

Sarpanch resigning under Section 29 of Maharashtra Village Panchayats Act, 1959 entitled to withdraw the same during its verification in Panchayat meeting: Bombay HC

Once the resignation is withdrawn, there is nothing to be discussed in the Gram Panchayat meeting and the meeting qua the subject of resignation must be terminated immediately after desire for withdrawal for resignation is expressed.

Case Briefs High Courts

No fetter on Charity Commissioner’s power to entertain application for suspension, removal, or dismissal of trustee, whose Change Report is pending before Deputy Charity Commissioner: Bombay HC

The action for suspension, removal, or dismissal of the trustee under Section 41-D of the Maharashtra Public Trust Act, 1950 (‘the MPT Act’) is an independent action having no connection with the enquiry to be conducted under Section 22 of the MPT Act.

Case Briefs High Courts

Bombay HC grants relief to Shiv Sena leader for allegedly making bizzare gestures/utterances against a female journalist

The exact gestures made by appellant are not reflected in the FIR statement, which merely alleges making of bizarre gestures and whether the gestures allegedly made by appellant fit into the expression “gestures of a sexual nature” is questionable at this stage.

Case Briefs High Courts

Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act

Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.