Bombay High Court

SC asks HC, Maharashtra govt to ensure accused appear before trial courts

The Supreme Court has asked the Bombay High Court and the Maharashtra government to evolve a mechanism to ensure that accused are produced before trial judges either physically or virtually on every date so that the trial is not prolonged. The apex court, while dealing with an appeal challenging the Bombay High Court order denying bail to an accused, said a "sorry state of affairs" was being depicted as the trial proceedings in the case was being prolonged due to non-production of appellant before the trial judge either physically or virtually. A bench of Justices B R Gavai and K V Viswanathan was informed that this was not a solitary case but in many cases, such a difficulty arises. "We, therefore, direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or ..

PIL in Bombay HC seeks action against 'Mutual Fund Sahi Hai' ads by Amfi

The petitioner, a chartered accountant, has alleged that Amfi is 'recklessly propagating that mutual funds are right without any basis or rationale'

Bombay HC dismisses Seclink's plea challenging Dharavi revamp project award

The petitioner, SecLink Technologies Corporation, was the 'preferred bidder' in the first round of bidding, which was later scrapped

HC upholds tender awarded to Adani Group to redevelop Dharavi slum sprawl

The Bombay High Court on Friday upheld the tender awarded to Adani Properties Private Limited by the Maharashtra government for the Dharavi slum redevelopment project in Mumbai. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar dismissed a petition filed by UAE-based Seclink Technologies Corporation challenging the state government's decision to award the project to Adani Properties Private Ltd. The bench said the petition lacks force and effort and hence stands dismissed. The Adani Group had emerged as the highest bidder for the 259-hectare Dharavi Redevelopment Project and bagged it with its Rs 5,069-crore offer in the 2022 tender process. In the first tender issued in 2018, the petitioner company had emerged as the highest bidder with its Rs 7,200-crore offer. The government had, however, cancelled the 2018 tender and issued a fresh tender in 2022 with additional conditions. Seclink Technologies Corporation first challenged the cancellation of the 2018 te

Political parties disregard court's orders: Bombay HC on illegal hoardings

The Bombay High Court pulled up political parties for ignoring its orders on illegal hoardings, directing municipal authorities and police to take strict action against violations in Maharashtra

HC rejects plea against Adani power contract, fines petitioner Rs 50K

The Bombay High Court on Monday dismissed a petition challenging a contract awarded by the Maharashtra government to Adani Group for supply of renewable and thermal power electricity, noting the plea was "unsubstantiated and reckless". A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar also imposed a cost of Rs 50,000 on the petitioner - Shriraj Nageshwar Aepurwar - for the vague petition. Aepurwar alleged the contract awarded to the Adani Group for the supply of 6,600 megawatts of renewable and thermal power was a violation of the petitioner's fundamental right to have access to fair electricity supply at a reasonable rate. The plea also levelled allegations against former state chief minister Eknath Shinde, who is currently the deputy CM, of having been involved in corrupt practices while awarding the contract to Adani Group. The bench, however, refused to accept the contentions and said, "In our opinion, filing of such petitions containing unsubstantiated an

HC asks Maharashtra govt for details on medical infra expenditure

The Bombay High Court on Saturday directed the Maharashtra government to submit details of the expenditure incurred by it as well as budgetary allocation for medical infrastructure in the state. A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar also sought details of vacancies of medical, para medical and non-medical staff in government-run hospitals and medical centres. The court was hearing a bunch of petitions, including one initiated suo motu (on its own), raising concerns over the high number of deaths at government hospitals in Nanded and Chhatrapati Sambhajinagar districts last year. The bench noted that petitioners had raised certain concerns about the government not utilising the allocated budget for purchase of medical equipment and for medical infrastructure. The petitioners told court several hospitals are facing problems of non-availability of medical, non-medical and para medical staff due to vacancies. "Hence, we want an affidavit to be filed

'Flying Beast' faces court order to remove videos over copyright breach

The Bombay High Court has ordered 'Flying Beast' Gaurav Taneja to remove two videos after Castrol India accused him of copyright infringement for not crediting the company

HC refuses to quash 14-yr-old adulteration case against Hindustan Coca-Cola

Criminal proceedings concerning 2001 allegations of adulterated beverages to move forward

Trustees' body moves HC to seek closure of unauthorised schools in Thane

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

Bombay HC grants bail to 14 accused in Mira Road communal violence case

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

SC defers bail plea of advocate Gadling in 2016 Surjagarh mine arson case

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

Mumbai court slaps contempt notice on Google CEO Sundar Pichai; here's why

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

Bombay HC temporarily restrains Pune eatery from using 'Burger King' name

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 ...

HC seeks probe details of case filed against Nawab Malik by Sameer Wankhede

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

Worrying trend of criminalising long, consensual ties after break-up: SC

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

Bombay HC not to release Mihir in BMW hit-run case over 'illegal' arrest

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

Atrocities case: Wankhede moves HC seeking probe against Nawab Malik

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 .

Bombay HC upholds rape conviction, says consent cannot apply to minor wives

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

Bombay, Delhi HCs halt fake Skechers sales; 2,500 items seized in 3 cities

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'