Justice Valmiki Menezes Archives

single trial in case with multiple charge-sheets

Bombay HC orders single trial in a case with multiple charge-sheets; first charge-sheet to be treated as principal and others as supplementary

The accused had challenged the maintainability of five different charge-sheets which were the offshoots of a single Charge-sheet and were registered as five different cases before the Sessions Court.

Amendment and rejection of plaint to be considered simultaneously

Case Briefs High Courts

Application for amendment of plaint affecting Court’s jurisdiction and application for return of plaint to be considered simultaneously: Bombay HC

The petitioner contended that the suit did not fall within the pecuniary jurisdiction of the Court, so the respondent filed an amendment application to amend the valuation of the suit \to bring the suit within the jurisdiction of the Court.

Case Briefs High Courts

Amid NDPS probe, Bombay HC directs UIDAI to reveal demographic information of Israeli national who obtained Aadhaar card despite ineligibility

The Israeli national was not in possession of a valid passport or a valid visa to justify his stay in India as a resident, to qualify him for being granted an Aadhaar card.

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs High Courts

Bombay HC quashes Panaji City Corp. memo seeking recovery of Children’s Educational Allowance from employee whose son suffers from cerebral palsy

The Court noted that the petitioner did not misrepresent or commit fraud to derive benefit of reimbursement of the Allowance scheme; therefore, the issuance of the impugned memorandum was found to be arbitrary.