Bombay High Court

Criminal proceedings concerning 2001 allegations of adulterated beverages to move forward

A private organisation of school trustees has said it has approached the Bombay High Court to demand immediate closure of unauthorised educational institutions in Diva area of Maharashtra's Thane district. The demand comes days after the headmistress of a private school in Mumbra area here was arrested for allegedly not informing police about the molestation of a 10-year-old girl by a man in the institution. The Maharashtra English School Trustees Association (MESTA) has claimed it was an unauthorised institution. Addressing a press conference on Tuesday, MESTA Thane district president Naresh Pawar condemned the incident and claimed the number of unauthorised schools in Diva has gone up to nearly 70 from 40 last year. He further claimed that students and parents were being exploited by these schools with false documents, such as mark sheets, school certificates, and bonafide certificates, being issued without legal authorisation. In the 2023-24 academic year, FIRs were filed again

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the communal violence in Mira Road on the eve of the consecration of the Ram Temple in Ayodhya, noting that their further detention appeared "tenuous". A single bench of Justice N J Jamadar on Monday noted that prima facie, it cannot be inferred that there was a premeditated conspiracy to assault people part of the convoy taken out to celebrate the temple consecration ceremony in January this year. The bench also highlighted that no CCTV footage showed the accused persons assaulting the complainant or anyone else. The court said the probe in the case was complete, and since the accused have roots in the society, the possibility of fleeing from justice was remote. The bench also took note of the fact that the accused have been in custody since January, and it appears extremely unlikely that the trial will be concluded soon. Hence, further detention would be unwarranted. The accused, bo

The state sought adjournment on the ground that some documents are yet to be filed

In its defence, YouTube cited immunity under the Information Technology Act, arguing that defamation does not qualify as content that can be blocked under Section 69-A of the Act

The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name 'Burger King' until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani - from using the name 'Burger King' pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name 'Burger King'. The HC had then started hearing the company's interim application seeking interim injunction against the Pune-based eatery pending final hearing of its appeal. A division bench of ...

The Bombay High Court on Thursday sought details from the city police of the probe into a case registered against NCP leader Nawab Malik under the Atrocities Act on a complaint of IRS officer Sameer Wankhede. Wankhede, the additional commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, last week moved the HC seeking the case to be transferred to the CBI, alleging inaction by the police. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan directed for Mumbai's Goregaon police station's officer concerned to remain present on the next date along with the case diary. The court said it shall be apprised of the details of the investigation in two weeks. Wankhede, in his plea filed through advocate Sana Raees Khan, has alleged that the police's inaction in the matter has caused him and his family significant mental distress and humiliation. In August 2022, the Indian Revenue Services (IRS) officer lodged a compla

Flagging the "worrying trend" where long term consensual relationships, upon turning sour, were sought to be criminalised by invoking penal laws, the Supreme Court on Tuesday quashed an FIR lodged against a man for alleged offences of rape and cheating. Noting that the relationship continued for nine long years in the case, the apex court observed if criminality was to be attached to such prolonged physical relationship at a very belated stage, it could lead to serious consequences. "It is evident from the large number of cases decided by this court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence," a bench of Justices B V Nagarathna and N Kotiswar Singh said. The top court delivered its verdict on an appeal filed by a man, who had challenged a February 2018 order of the Bombay High Court which dismissed

The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on the ground of "illegal" arrest. Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they have been illegally detained and sought immediate release. Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing 45-year-old woman Kaveri Nakhwa and leaving her husband Pradeep injured. His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident. As per their pleas, the police had not informed them the grounds of their arrest at the time, which they claimed was in violation of the law. A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday dismissed the petitions. "Both the petitions are dismissed," the court said. The duo sought their release, claiming any

Sameer Wankhede, former zonal director of the Narcotics Control Bureau (NCB), has urged the Bombay High Court to transfer the probe into an atrocities case against NCP leader Nawab Malik to an independent agency like the CBI. Wankhede, an additional commissioner in the Directorate General of Taxpayer Services and a member of the Mahar Scheduled Caste, alleged in his plea that police inaction in the matter has caused him and his family significant mental distress and humiliation. The Indian Revenue Services (IRS) officer had in August 2022 lodged a complaint with the suburban Goregaon police against Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The complaint alleged that Malik had during interviews and on social media made defamatory remarks against Wankhede and his family members based on his caste. Malik has neither been arrested in the case nor has the chargesheet been filed till date. In his petition filed on November 20 in HC, Wankhede .

The Bombay High Court upheld a 10-year prison sentence for a man found guilty of raping his minor wife, stating that consensual sex with a minor is legally considered rape, even in marriage

An ex parte injunction is a temporary court order issued without the other party's presence or participation. The term 'ex parte' means 'from one side'

The Maharashtra government on Thursday told the Supreme Court that it will hand over the next tranche of land by December for construction of the Bombay High Court's new building complex in Mumbai's Bandra region. The state government also informed a special bench comprising Chief Justice D Y Chandrachud and Justices B R Gavai and JB Pardiwala that so far it has not received the possession of the Air India building in south Mumbai where the mediation centre of the Bombay High Court is proposed to be shifted. The state government said possession of 30.16 acre of land will be handed over to the high court in a phased manner, adding the first tranche measuring 4.39 acres has already been given. Next tranche of land will be made available by December, Birendra Saraf, Advocate General of the state government, told the bench. The law officer also said a judges committee headed by the chief justice of the Bombay High Court has fixed the next meeting with state officials on November 12-13

The Enforcement Directorate has issued a fresh circular directing its officials or investigating officers (IOs) to not question people called on summons at "unearthly" hours and not keep them waiting for hours at their office. The technical circular was issued on October 11 after the Bombay High Court directed the federal agency to issue directives in this context as it took up the petition of a person who was summoned by the ED and "detained overnight and interrogated." The HC found that the 64-year-old petitioner was summoned to the ED office for questioning and was kept waiting post mid-night. Recording of his statement, at unearthly hours, "definitely results in deprivation of a person's sleep, basic human right of a individual", it said. The court said it "disapproved" of such a practice by the agency and directed it to issue a circular or directive to its IOs regarding timing and recording of statement of people following issuance of summons under section 50 of the Prevention

The Maharashtra government on Tuesday told the Bombay High Court that there was no impediment in the appointment of seven MLCs for the 12 vacant posts in the state legislative council. Advocate General Birendra Saraf told a division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar there was no stay or injunction from the court or any assurance given by the government that the appointment would not be made. This was after an advocate appearing for a former municipal corporator and Shiv Sena (UBT) functionary Sunil Modi told the bench that the appointment of the seven MLCs was being done, even as order was reserved on his plea challenging withdrawal of a list of 12 MLC nominees sent to the governor in 2020 by the then MVA government. Modi's advocate Harshad Shrikandhe told the bench that the petitioner only wanted to bring to the HC's notice the development of the appointment of seven MLCs and nothing else. The bench queried if the seven nominated members included persons

Zee Entertainment Enterprises, co-producer of Kangana Ranaut's Emergency' film, on Friday told the Bombay High Court it has agreed to the cuts suggested by the censor board. Senior counsel Sharan Jagtiani, who represented Zee, said the necessary cuts would be made and the film would be submitted to the Central Board of Film Certification (CBFC) for issuance of its certificate. Senior counsel Abhinav Chandrachud, appearing for the CBFC, said once the film is submitted after the cuts, the same would be verified and a certificate would be issued in two weeks. A division bench of Justices B P Colabawalla and Firdosh Pooniwalla accepted the statements and disposed of the petition filed by Zee Entertainment. The court said it would pass a detailed order later. We have worked it out, Jagtiani told the court. The movie, initially slated for a September 6 release, has been embroiled in a battle with the censor board for non-issuance of the CBFC certificate. Last week, the CBFC told HC th

The Bombay High Court on Thursday directed the magistrate to submit by November 18 an inquiry report into the custodial death of Akshay Shinde, the accused in the Badlapur school sexual assault case. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan gave this direction, and also ordered that all evidence related to the case be collected, preserved and checked by forensic experts. The bench also emphasized the police to include strong forensic evidence in its probe into the incident where the accused was killed in a police shoot-out. The law mandates that every custodial death has to be inquired into by a magistrate. Advocate General Birendra Saraf said all relevant documents have been forwarded to the magistrate for inquiry. The court said the magistrate shall commence the inquiry and hear all parties concerned. "The report shall be placed before us on November 18. The magistrate inquiry report is expedited," the HC said. The court was hearing a plea filed .

The father of the accused in the Badlapur sexual assault case, who was killed in an alleged police shootout earlier this week, on Friday moved the Bombay High Court seeking a burial spot for his son. The father's advocate mentioned the application before a division bench of Justices Revati Mohite Dere and M M Sathaye seeking urgent intervention. The court said it would hear the plea in the afternoon. In his application, the father has sought the court's direction to the local civic body to arrange a spot to bury his son Akshay Shinde. Shinde, 24, was arrested of last month for allegedly sexually assaulting two minor girls at a school in Badlapur town, Thane district. Earlier this week, he was being escorted to Badlapur from Taloja jail in connection with a case registered against him on a complaint by his second wife when the alleged shootout occurred, resulting in his death. The incident took place near the Mumbra Bypass in Thane on Monday evening after Shinde allegedly snatched

The Bombay High Court has raised serious concerns about the police's account of the fatal shooting of Akshay Shinde, a sex assault accused, while in custody

The Bombay High Court on Wednesday said the probe into the killing of Badlapur sexual assault case accused Akshay Shinde in a shoot-out should be carried out in a fair and impartial manner. The shoot-out could have been avoided if the police had tried to overpower Shinde first, the HC said, adding it was very hard to believe that he managed to seize a pistol from a police officer and open fire. Why the accused was shot in the head, and not on hand or legs first? the court asked. A division bench of Justices Revati Mohite Dere and Prithviraj Chavan said if it finds that the probe is not being done properly, then it would be constrained to pass appropriate orders. The bench posted the matter for further hearing on October 3, by when the police would have to take a decision on the complaint submitted by Shinde's father, seeking an FIR against the police officers concerned. "The investigation has to be done fairly and impartially. If we find that this is not done, then we would be ...