“Apology is not a weapon of defence”: Bombay High Court holds two lawyers who threated a Judge guilty of criminal contempt
The lawyers were fined ₹2,000 and directed to pay ₹50,000 costs each, with a Bar Council referral for action.
Justice Urmila Joshi-Phalke
POCSO | Betrayed Her Trust, Destroyed Her Life, Degraded Her Very Soul: Bombay HC Upholds Life Sentence of Man Convicted of Impregnating 12-Year-Old daughter
the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
Bombay HC Awards ₹10,000 Compensation for Invasion of Privacy and Dignity After Police Entered Woman’s Bedroom Without Woman Constable; Tells State to Recover from Officers
Police entered a woman’s bedroom without a woman constable, seized her mobile phone without a seizure panchnama, and recorded no grounds in the case diary. Bombay HC holds both the search under Section 185 and the seizure under Section 105 of the BNSS violated mandatory procedure and Article 21 of the Constitution.
Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father
The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.
Bombay High Court lays down test for culpability in ‘Abetment of Suicide’ cases
“A fatal impulse or ill-fated thoughts of the suicide, however unfortunate and touchy it may be, cannot fray the fabric of the provision contained in Section 306 IPC.”
Summons served electronically is legally valid under BNSS; Bombay HC sets aside cost imposed on Constable
“Section 70(3) BNSS states that all summons served through electronic communication under Sections 64 to 71 BNSS shall be considered as duly served and a copy of such electronic summons shall be attested and kept as a proof of service of summons.”
Bombay HC quashes FIR against all but one accused in Rs 50 crore investment scam
“The investors were induced to deposit amounts in Indian currency with promises of receiving returns in dollars, including 2% daily, 60% monthly, and 720% annually. It was alleged that the total investment in the scheme exceeded Rs 50 crore.”
Bombay HC: Prior relationship or lending money not a license for Objectionable Posts; Conduct may amount to ‘outraging modesty’ & ‘stalking’
“Even assuming the married lady had some relation prior to her marriage with the applicant, and that the applicant had lent money to her on assurance of marriage, that cannot be construed as giving a license to the applicant to post objectionable post over the social site.”
Refusal to allow brother’s widow to reside in shared household constitutes Domestic violence: Bombay HC
“The wording itself “has lived together at any point of time”, covers even the past cohabitation or past togetherness between the aggrieved person and the respondent.”
Recording reasons for non-examination of witness not mandatory under S. 202 CrPC: Bombay High Court
Verification of complaint without recording the reasons for non-examination of witnesses on affidavit, while exercising the power of issuing process, under Section 202 of CrPC would not amount to any procedural lapse.
‘Arrest illegal’; Bombay HC grants bail to a woman arrested after sunset in a bank fraud case
“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”
‘Merely saying ‘I Love You’ does not show sexual intent’; Bombay HC acquits man in POCSO case
“If somebody said that he was in love with another person or expressed his feelings itself would not amount to an “intent” showing some sort of his “sexual intention”. What constituted such “sexuality” or “sexual intent” and what was not, was a question of fact.”
Bombay HC quashes case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles
If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.
‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail
There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.
‘No intention to disturb law and order or public order/peace’; Bombay HC grants anticipatory bail to person alleged to be a supporter of Naxalism
The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A1 of the Penal Code, 1860.