Page 2 - Bombay Hc

Bombay HC orders immersion of all idols up to 6 ft in artificial tanks

The Bombay High Court on Thursday ordered immersion of all idols of up to six feet height in artificial tanks starting from the 10-day Ganesh festival being celebrated from August 27 this year. The order will be effective till March next year for the festivals that require immersion of idols of deities, including those made of Plaster of Paris (PoP). "The court has to make an endeavour that the impact of immersion of idols is bare minimum on the environment. Therefore, idols up to 6 feet should compulsorily be immersed in artificial water tanks," a bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said. The high court further asked the state government to ensure implementation of its policy regarding immersion of idols in "letter and spirit". All the local bodies must ensure that the idols, up to six feet in height, are immersed in artificial water bodies, the bench said. The high court also asked the government to form an expert committee for suggesting measures to ...

7/11 Mumbai blast: HC acquits all 12, says prosecution failed to prove case

The Bombay High Court on Monday quashed the conviction of 12 persons in the 2006 Mumbai train blasts case and acquitted them, noting the prosecution has "utterly failed" to prove the case against them. The judgment comes 19 years after the terror attack that shook the city's Western Railway network, resulting in the loss of over 180 lives and leaving several others injured. A special bench of Justices Anil Kilor and Shyam Chandak said the evidence relied by the prosecution was not conclusive to convict the accused persons. "The prosecution has utterly failed to prove the case against the accused. It is hard to believe that the accused committed the crime. Hence their conviction is quashed and set aside," the HC said. The bench said it refuses to confirm the death penalty imposed on five of the convicts and also the life imprisonment on the remaining seven, and acquitted them. The court said the accused shall be released from jail forthwith if not wanted in any other case. A speci

No fundamental right of Indians to adopt US citizen child of relative: HC

An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said. A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth. The child in the present case does not fall within the definition of either a 'child in need of care and protection' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, the HC said. "There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated. The bench also refused to exercise its extraordinary ...

Marriages sacred to Hindus at stake due to couples' trivial issues: HC

Marriages considered sacrosanct by Hindus are at stake now because of small and trivial issues between couples, the Bombay High Court remarked while quashing a dowry harassment case against a man and his family members. The Nagpur bench of Justices Nitin Sambre and M M Nerlikar, in an order dated July 8, held that in matrimonial disputes, if a reunion is not possible, the same should be ended immediately to ensure the lives of the parties involved are not ruined. The bench was hearing a petition filed by a man and his family members seeking to quash a dowry harassment case registered against them by his estranged wife in December 2023. The estranged couple informed the court that they had settled their dispute and had been granted a divorce by mutual consent. The woman informed the court that she had no objection if the case was quashed, as she wished to move on with her life. The court, while quashing the case, said though the provisions pertaining to dowry harassment and unnatur

SC defers hearing of music composer Ilaiyaraaja's plea to July 18

The Supreme Court on Monday deferred to July 18 the hearing on a plea of legendary music composer Ilaiyaraaja seeking to transfer a copyright dispute involving over 500 of his musical compositions from the Bombay High Court to the Madras High Court. The plea was listed on Monday before a bench comprising Justices K Vinod Chandran and NV Anjaria. The legal case started from a lawsuit initiated by Sony Music Entertainment India in 2022 before the Bombay High Court. Sony has sought an injunction to restrain Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) from using 536 musical works. The company claims it acquired rights to these works through Oriental Records and Echo Recording, the entity with which Ilaiyaraaja has long been embroiled in litigation. The IMMPL, however, alleged that 310 of the 536 disputed works are already under judicial scrutiny in a parallel case before the Madras High Court. That case, originally filed by Ilaiyaraaja in 2014 against Echo Recording, challenges the

Multiple HC benches recuse from hearing plea of HDFC Bank CEO in fraud case

Several benches of the Bombay High Court have recused from hearing HDFC Bank CEO and MD Sashidhar Jagdishan's plea to quash an FIR of cheating and fraud registered against him on a complaint filed by the Lilavati Kirtilal Mehta Medical Trust. While some judges cited having worked with either the Trust or the lawyers appearing for it, one judge on Thursday voluntarily disclosed that he held few shares of the HDFC Bank. Senior counsel Amit Desai appearing for Jagdishan said they do not have an objection with the same but counsel Niteen Pradhan appearing for the Trust took an objection. Pursuant to this, the bench of Justices M S Sonak and Jitendra Jain recused and said the matter shall be placed before another bench. According to the complaint filed by the Trust, which owns and manages the prominent Lilavati Hospital in Mumbai, Jagdishan allegedly accepted a bribe of Rs 2.05 crore in exchange for providing financial advice to help the Chetan Mehta Group retain illegal and undue ...

HC flags rise in deaths on Mumbai local, calls for preventive measures

The Bombay High Court on Friday expressed concern over deaths of commuters on Mumbai local trains, describing the situation as "alarming," an observation coming days after five people lost their lives post-falling off a packed suburban service. The court suggested installing automatic door-closing mechanisms in Mumbai local trains to prevent commuters from falling off, but insisted this was an advice purely from a "layman" perspective and Railway expert views were needed on the issue. A division bench of Chief Justice Devendra Kumar Aradhe and Justice Sandeep Marne urged authorities to take measures to ensure tragic incidents don't occur on the Mumbai suburban network in the future. Citing an affidavit filed by the Railways, the court noted that in 2024 alone over 3,588 fatalities happened on local trains (due to various accidents on the suburban network), which means on an average ten Mumbaikars die everyday. "This is an alarming situation. Though you have projected that there ..

Bombay HC quashes order refusing trademark to Yamaha, directs fresh review

In a relief to Japanese automobile company Yamaha, the Bombay High Court has set aside an order refusing it a trademark similar to one already registered by Honda Motor Company and directed the registrar, Trade Marks, to adjudicate the issue afresh. A bench of Justice Manish Pitale on June 13 said while a bare perusal of the two trademarks Yamaha's WR and Honda's WR-V may cause confusion in the minds of the public, the authority ought to have considered the case as exceptional circumstances and issued an advertisement seeking objections from the public before rejecting Yamaha's application. The court stated the authority, in its "cryptic" order, completely ignored the claim of Yamaha's international reputation while refusing the application and the fact that the company has been using the WR trademark internationally since 1990. Justice Pitale said the authority could have passed a "detailed and well-reasoned order". Yamaha Hatsudoki Kabushiki Kaisha had moved the high court, ...

Sony moves Bombay HC against TDSAT order blocking Tata Play disconnection

Sony Pictures, which owns 27 TV channels in India, has challenged the TDSAT stay order that blocked its disconnection notice against Tata Play amid a fee hike dispute

Bombay HC orders BMC to pay ₹50 lakh each to 2015 fire victims' kin

The Bombay High Court on Tuesday ordered the Brihanmumbai Municipal Corporation (BMC) to pay Rs 50 lakh each as compensation to the kin of eight victims who died in a fire at a hotel in 2015, citing its gross failure in the discharge of its duties. A fire broke out inside Hotel City Kinara in Kurla, killing eight persons on October 16, 2015. Seven of them were students aged 18-20, and the eighth victim was a 31-year-old design engineer from Virar. The high court was hearing petitions filed by parents of the victims seeking to quash the Lokayukta's February 2017 order, which dismissed their complaint seeking a probe. The Lokayukta, while dismissing their pleas, noted that compensation of Rs 1 lakh each was disbursed. The families sought the enhancement of the compensation amount. The high court, in its judgment on Tuesday, ordered the BMC to pay Rs 50 lakh to the families of each of the victims within 12 weeks. "Due to the failure of the BMC in taking action, the illegality in Kin

SC collegium backs 2 HC chief justices, Bombay HC judge for SC elevation

The Supreme Court collegium on Monday recommended the appointments of Karnataka High Court Chief Justice N V Anjaria, Gauhati High Court Chief Justice Vijay Bishnoi, and Bombay High Court judge Justice A S Chandurkar as judges of the top court. The five-member collegium headed by Chief Justice B R Gavai decided to recommend the names as against the three existing vacancies of judges in the top court following the superannuation of ex-CJI Sanjiv Khanna, and Justices Abhay S Oka and Hrishikesh Roy. Justice Bela M Trivedi is also set to superannuate on June 9. The apex court, which has a sanctioned strength of 34, is currently working with 31 judges.

Thane road, tunnel tender row: HC denies relief to L&T, okays bid opening

The Bombay High Court on Tuesday denied relief to construction giant Larsen & Toubro (L&T) in connection with the dispute over the Thane-Ghodbunder to Bhayandar tunnel and elevated road projects, giving a go-ahead for the opening of tender bids. A vacation bench of Justices Kamal Khata and Arif Doctor said it was not continuing its interim stay passed last week restraining the Mumbai Metropolitan Region Development Authority (MMRDA) from opening the financial bid, which is the last stage of the tendering process. The financial bid was scheduled to be opened on May 13. L&T had filed two petitions in the high court earlier this month, challenging the non-intimation of the status of its bid by the MMRDA for the projects. The bench on Tuesday rejected the petitions but directed the MMRDA to keep the company's price bids in a sealed cover for one week after the tender is opened. "We are not continuing the earlier interim order of stay," the court said. The construction company,

HC orders 2 YouTubers to delete 'defamatory' videos against BJP minister

The Bombay High Court has ordered deletion of six videos uploaded by two YouTubers against Maharashtra Water Resources Minister and senior BJP leader Girish Mahajan, noting that they were "prima facie defamatory". A bench of Justice Arif Doctor in its order passed on May 8 said after having watched the videos, a case for grant of interim relief has been made out. "The statements made by defendants in the videos as discerned from the transcripts are in my prima facie view per se defamatory," the HC said. The court directed the defendants to immediately take down/delete the six videos uploaded by them on YouTube. It also restrained them from uploading any more such videos or posts that would be defamatory against Mahajan. The bench posted the matter for further hearing on June 20. Mahajan had filed a defamation suit against one Anil Thatte and one more person claiming that they had made false, reckless and unsubstantiated allegations against him. In an interim application, Mahajan

HC frowns on copy-paste witness statements, calls it risky for prosecution

Taking notice of the "dangerous culture" of investigating officers copy-pasting witness statements even while filing charge sheets in serious offences, the Bombay High Court has asked the Maharashtra government to issue necessary guidelines. Hearing a petition in a criminal matter, the bench noted that the statements of witnesses reproduced in the charge sheet were so similar that even "the paragraphs start with the same words and end with the same words". If the police were cutting corners in this way even in serious cases, it was not a good sign for the criminal justice system, said Justices Vibha Kankanwadi and Sanjay Deshmukh of the Aurangabad bench in a recent order. "It is high time to take cognizance of the issue suo motu (on its own) and to consider, as to what are those shortcomings or difficulties for the investigating officer/ officers when they record such copy-paste statements," the court said. The bench asked the state government to come out with specific guidelines .

Supreme Court upholds Bombay HC order on Nitin Gadkari's 2019 win

The Supreme Court on Wednesday upheld the decisions of the Bombay High Court striking off certain allegations made against union minister Nitin Gadkari in petitions challenging his 2019 election from Nagpur. A bench of Justices Surya Kant and N Kotiswar Singh dismissed the plea of Congress candidate Nana Falgunrao Patole and one Nafis Khan, a voter from Nagpur constituency, challenging the February 26, 2021 order of the Nagpur bench of the high court. The top court said Gadkari again won the seat in 2024 general elections and said the reasoning adopted by the high court was correct. "We see no reason to interfere with the high court order," the bench said. The high court in its order refused to dismiss the election petitions but struck off certain averments made in them with regard to the income of family members and land owned by them. Aggrieved by the high court order, both Khan and Patole moved the top court. They claimed the high court erred in its ruling and said the power t

Bombay HC shields Kunal Kamra from arrest in Shinde 'traitor' remark case

The Bombay High Court has granted stand-up comedian Kunal Kamra protection from arrest while allowing the investigation into his 'traitor' jibe at Eknath Shinde to continue

Bombay HC takes on record consent terms entered into by Lodha brothers

The Bombay High Court on Tuesday formally took on record the final mediation report along with the consent terms entered into by real estate businessmen Abhishek Lodha and Abhinandan Lodha, marking the end of a trademark dispute between the brothers. The court appreciated the role played by the mediator, retired Supreme Court judge Justice R V Raveendran, in the process. "I must at this stage note the painstaking efforts of the Learned Mediator (Justice RV Raveendran), which has resulted in these consent terms being arrived at and also my deep appreciation for all the efforts taken by the Learned Mediator to bring about an amicable resolution of disputes between respondent nos 5 (Abhinandan Lodha ) and 16 (Abhishek Lodha)," said justice Arif Doctor. The matter is now scheduled for further compliance hearing on Wednesday. In January, Abhishek Lodha-led Macrotech Developers filed a suit in the Bombay High Court against the House of Abhinandan Lodha (HoABL) formed by his younger broth

No action taken for re-sharing Kamra video, says HC; disposes of PIL

The Bombay High Court on Wednesday said the Maharashtra government has not taken vindictive action against any person for re-sharing or re-uploading stand-up comic Kunal Kamra's video in which he indirectly passed a "traitor" jibe at Deputy Chief Minister Eknath Shinde. A bench of Chief Justice Alok Aradhe and Justice M S Karnik made the observation while refusing to entertain a public interest litigation (PIL) filed by a 25-year-old law student questioning the government's action against Kamra and also the Mumbai hotel where the controversial comedy show was shot. The court also noted the aggrieved person (Kamra) has already filed a petition in the HC seeking to quash the FIR lodged against him at a Mumbai police station over his critical comments against Shinde, who heads the ruling Shiv Sena. "The person aggrieved is before this court. He is not poor or illiterate. Why are you (present PIL petitioner) fighting his cause? He has taken action for relief," the HC observed. The PIL,

Bombay HC grants Kunal Kamra protection till April 17, seeks govt reply

Bombay High Court has granted comedian Kunal Kamra protection till April 17. The next hearing will take place on April 16

Mediclaim policy amount can't be deducted from medical compensation: HC

A sum received by a person under a mediclaim policy cannot be deducted from the compensation amount payable to the claimant for medical expenses under provisions of the Motor Vehicles Act, the Bombay High Court has said. The amount under a mediclaim policy is received in view of a contract entered into by the claimant with the insurance company, a full bench of Justices A S Chandurkar, Milind Jadhav and Gauri Godse said in its judgement on March 28. "In our view, the deduction of any amount received by a claimant under a Mediclaim policy would not be permissible," the bench ruled. The issue was referred to the full bench after various single and division benches had different views on the same. The full bench, while referring to judgments passed by the Supreme Court, said the Motor Accident Claims Tribunal was not only empowered but also duty-bound to award just compensation. It said the amount received on account of insurance is due to the contractual obligations entered into by