Page 2 - Bombay Hc

Gangster Dawood declared terrorist in individual capacity, says Bombay HC

The Bombay High Court has said fugitive gangster Dawood Ibrahim has been declared a terrorist in his individual capacity under Unlawful Activities Prevention Act (UAPA) and, hence, any association with him or his gang would not attract provisions of the stringent law. A division bench of Justices Bharati Dangre and Manjusha Deshpande, in an order of July 11, details of which were made available on Friday, granted bail to two persons held by the Maharashtra Anti Terrorism Squad in August 2022. The ATS had claimed Faiz Bhiwandiwala, from whom it seized 600 grams of ganja, and Parvez Vaid, were members of Dawood Ibrahim's gang. The duo was booked under UAPA for being members of a terrorist organisation, committing terrorist acts and collecting funds for commission of an offence as well as under Narcotic Drugs and Psychotropic Substances (NDPS) Act provisions. In its judgment, the HC said the Union government had issued a notification on September 4, 2019, notifying "Dawood Ibrahim ...

Legitimate right of Rahul Gandhi for speedy decision on defamation case: HC

The Bombay High Court has said Congress leader Rahul Gandhi has a legitimate right for an expeditious decision on merits over a 2014 defamation complaint for his alleged remarks against the Rashtriya Swayamsevak Sangh. A single bench of Justice Prithviraj Chavan in the order of July 12 said Article 21 of the Constitution provides the right to a speedy trial for everyone and a free and fair trial is something that is absolutely necessary. The court made the remarks while allowing Gandhi's petition to quash a magistrate's order permitting an RSS worker to submit fresh and additional documents in the pending criminal defamation complaint. A detailed copy of the order was made available on Tuesday. In 2014, Sangh worker Rajesh Kunte lodged a defamation complaint before the Bhiwandi magistrate's court, claiming the Congress leader had made false and defamatory statements during a speech that the RSS was responsible for the assassination of Mahatma Gandhi. In 2023, the magistrate court

T-shirts, torn jeans also not allowed in Mumbai college after hijab ban

A city-based college, which has been in news for imposing a ban on hijab, has now also barred students from wearing torn jeans, T-shirts, "revealing" dresses and jerseys, or a dress that reveals religion or shows "cultural disparity". The Chembur Trombay Education Society's N G Acharya and D K Marathe College, in the notice issued on June 27, also said students should wear a formal and decent dress while on campus. Students can wear a half or full shirt and trousers. Girls can wear any Indian or western outfit, it said. The directive came after the Bombay High Court on June 26 refused to interfere in a decision taken by the college to impose a ban on hijab, burka and naqab on its premises, observing that such rules do not violate students' fundamental rights. "Students shall not wear any dress which reveals religion or shows cultural disparity. Nakab, hijab, burka, stole, cap, etc shall be removed by going to the common rooms on the ground floor and then only (students) can move ..

Govt should realise sports play big role in development of citizens: HC

Sports play a significant role in the development of people and nation and it is high time the government gives it equal importance than the "commercialisation and concretisation mantra", the Bombay High Court has said. A progressive state can never be oblivious of such needs of the society, a division bench of Justices G S Kulkarni and Jitendra Jain on Monday. It quashed the Maharashtra government's 2021 decision to relinquish 20 acre land in Navi Mumbai for a 'Government Sports Complex' and shifting it to a remote place at Mangaon in Raigad district, 115 km from the existing site. In 2003, the land was earmarked for the sports complex. In 2016, the planning authority allotted a portion of it to a private developer for residential and commercial purposes. The HC said the authorities are required to be alive to not only the present but the future rights of citizens for open places, playgrounds and sports complexes. "We may observe that considering the present plight of metro citie

'It's a shame': HC calls for urgent action on Mumbai local train deaths

'Sorry to use this word. I feel ashamed of how passengers are made to commute locally,' the HC division bench said during the hearing on Mumbai local train fatalities

Bombay HC directs Subhash Chandra to furnish documents sought by Sebi

Zee founder had filed writ petition against regulator's summons in fund diversion case

Karan Johar files lawsuit against film 'Shaadi ke Director Karan aur Johar'

Bollywood producer Karan Johar has moved to Bombay High Court against film's producers, IndiaPride Advisory, Sanjay Singh, and writer-director Bablu Singh for using his name without permission

SC asks Maha govt to conduct safety audit of Bombay High Court building

The Supreme Court on Tuesday took note of concerns over the safety of the 150-year-old Bombay High Court building and the need for additional space, and directed the Maharashtra government to forthwith conduct a safety audit of the heritage structure. A special bench of Chief Justice D Y Chandrachud and Justices B R Gavai and J B Pardiwala also asked the government to expedite drawings of the site earmarked for constructing new high court building in Mumbai. Observing that the state government must act with alacrity to fulfil the needs for facilities in the high court, the bench asked the state PWD to take up the matter in right earnest. It also said the high court may consult the state PWD and others on expediting the drawings. In order to ensure the structural safety of the existing premises, the State PWD will forthwith conduct a safety audit and apprise it on the next hearing of the steps taken on that regard, the bench said. The top court exercised its suo motu (on its own) ..

Bombay HC gives split verdict in case challenging FCUs under IT Rules

Justice Patel ruled in favour of the petitioners, striking down the rule and Justice Gokhale dismissed the petitions, and upheld the rule

SC extends stay imposed by Bombay HC on order granting bail to Navlakha

The Supreme Court on Friday extended the stay imposed by the Bombay High Court on the operation of its order granting bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case. A bench of Justices M M Sundresh and S V N Bhatti also directed the top court's Registry to place before Chief Justice of India D Y Chandrachud the National Investigation Agency's (NIA) plea to decide on tagging the petition with cases of other accused. The Supreme Court said it was not inclined to say anything on the merits of the case. The Bombay High Court had on December 19 last year granted bail to Navlakha but stayed its order for three weeks after the NIA sought time to file an appeal in the top court. Navlakha, who was arrested in August 2018, was in November last year permitted by the Supreme Court to be placed under house arrest. He is currently residing in Navi Mumbai. The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31,

Undertrial prisoners should be produced via video-conferencing : Bombay HC

The Bombay High Court has said undertrial prisoners should be produced before courts via video-conferencing (VC) whenever permissible, as bringing them physically to courts for every hearing was a cumbersome procedure. A single bench of Bharati Dangre directed the Maharashtra government to make necessary funds available to ensure that every court is provided screens and other video-conferencing facilities. The court order dated November 10 was made available on Friday. The issue was raised in a bail plea filed by one Tribhuvansing Yadav, who had claimed that his application for bail in the lower court was adjourned on 23 occasions, as he was not produced before the court physically or through video-conferencing. The bench noted that as per a report submitted by the inspector of prisons and correctional services in September, 39 prisons in Maharashtra have 329 sanctioned video-conferencing units, of which 291 were functional. The court, in its order, stated that if the facility is

HC pulls up Maha govt for delay in website creation for sales tax tribunal

Tribunals in a progressive state like Maharashtra cannot remain primitive in embracing technology, the Bombay High Court said, while rapping the Maharashtra government for dragging its feet on the creation of an official website for the state sales tax tribunal. A division bench of Justices G S Kulkarni and Jitendra Jain, in its order of October 12, said it should not take so long to create and make the website functional. In the present era, the courts and tribunals, which cater to the demands of the consumers of justice, cannot be expected to function without the basic requirement of an official website, to say the least, the court said. The bench cited the Supreme Court's observation that technology plays an essential role in securing access to courtrooms and as a result, access to justice for citizens across the country. In embracing technology, the tribunals in a progressive state like Maharashtra cannot remain primitive. Providing a website would certainly enhance the efficie

Social media has become 'weapon of mass distraction', says Bombay HC judge

Social media or mass media have become weapons of mass distraction, but there are no concerted efforts yet to tackle them, Justice Mahesh Sonak of the Goa bench of the Bombay High Court said on Saturday. Addressing the students of G R Kare College of Law in Margao town during a lecture series 'GRK-Law Talks', Justice Sonak also said that he prefers to remain "uninformed" about several issues by not reading or seeing the news, which he thinks is "better than being misinformed". "Today, we live in an age where we adore and glorify machines like computers and smartphones that think. But we are extremely suspicious or even wary of the human beings that attempt to think," he said. "Artificial intelligence has its own merits, but it would be a sad day and sad world if we were to mortgage our ability to think, our ability to make intelligent and, moreover, sensitive choices, to a machine or an algorithm, however intelligent it may be," Justice Sonak said. "We should not want to atrophy ou

Bombay HC reserves order on plea maintainability in Akasa-pilot matter

The order, which will now be pronounced on 27 September, will decide if the troubled airline can proceed with the case before the Bombay High Court

Bombay HC judge Rohit Deo resigns, says can't work against self-respect

As justice Rohit Deo announced his resignation, he also encouraged lawyers to work hard and apologised for being strict with them on certain occasions

Dharavi revamp plan set for legal battle; HC to hear petition on Monday

Bombay HC to hear petition filed by Seclink on Monday

SC sets aside HC order acquitting Saibaba, others in alleged Maoist link

A bench of Justices MR Shah and CT Ravikumar remanded the matter to the High Court for fresh consideration and directed that the case be decided within four months

Widowed daughter-in-law need not pay maintenance to her parents-in-law: HC

The Aurangabad bench of the Bombay High Court has ruled that a daughter-in-law need not pay maintenance to the parents of her deceased husband. A single bench of Justice Kishor Sant on April 12 passed its order on a petition filed by a 38-year-old woman, Shobha Tidke, challenging an order passed by the Nyayadhikari Gram Nyayalaya (local court) at Latur city in Maharashtra directing her to pay maintenance to the parents of her deceased husband. "By reading of section 125 of the Code of Criminal Procedure, it is clear that the father-in-law and mother-in-law are not mentioned in the said section," the HC said in its order. Shobha's husband, who used to work with the MSRTC (Maharashtra State Road Transport Corporation), had died, after which she started working at the state-run JJ Hospital in Mumbai. Kishanrao Tidke (68) and Kantabai Tidke (60), the in-laws of Shobha Tidke, claimed they have no source of income after the death of their son and therefore sought maintenance. The woman

HC irked with Maha govt's stand over no quota benefits for abandoned kids

The Bombay High Court on Thursday was irked with the Maharashtra government's persistent stand that the reservation benefits given to orphans cannot be extended to abandoned children. The state should instead be working as a protective umbrella for such kids, it said. The state government offers one per cent reservation in education to orphaned children. However, it refused to extend such a benefit to children who have been abandoned by their parents as they are not orphaned as per the definition of the term. A division bench of Justices Gautam Patel and Neela Gokhale had taken up the issue after a petition was filed by a city-based NGO seeking reservation for two girls, abandoned by their parents. After being slammed by the court, the government had agreed to provide orphan certificates to the two girls so that they could seek reservation but had clarified that its stand was that there was a difference between orphaned and abandoned children. Irked with this stand, the court said

SBI loan fraud: SC stays HC order permitting pvt firm chairperson to travel

The Supreme Court has stayed a Bombay High Court order permitting Suman Vijay Gupta, the chairperson of a Mumbai-based private company, to travel to the UAE after taking note of a case in which she is accused of defrauding State Bank of India of Rs 3,300 crore. Gupta is the chairperson of Ushdev International Limited (UIL). A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha on Thursday took note of the submissions of Solicitor General Tushar Mehta that the law enforcement agencies have had a bad experience allowing economic offenders and fraudsters to go abroad on personal undertakings as they seldom honour their undertakings come back to face the proceedings here. "She is the chairperson of a company which took a loan of Rs 3,300 crore. The CBI is investigating (the case). After the loan was declared an NPA (non-performing asset), she renounced the citizenship of India and got the citizenship of Dominica," the top law officer said. A look out circular (LOC)