Page 10 - Bombay High Court

BMW hit-and-run: Mihir Shah files habeas corpus, seeks immediate release

Mihir Shah, the main accused in the BMW hit-and-run case, has moved Bombay High Court claiming he has been illegally detained and has 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 Kaveri Nakhwa (45) and leaving her husband Pradeep injured. In his habeas corpus (produce the person) petition filed in HC last week, Shah claimed his detention was illegal and that he must be released immediately. A division bench of Justices Bharati Dangre and Manjusha Deshpande is likely to take up the plea for hearing on Wednesday. Shah (24) is accused of speeding off towards Bandra Worli Sea Link after the accident even as the woman remained on the bonnet of the car and then got entangled in its wheels for a distance of more than 1.5 kilometres. Shah, who fled from the scene, was under the influence of alcohol at the time, as per police. Shah, his father and former Eknath Shinde-led Shiv Sena

Mumbai hoarding collapse: HC rejects Bhavesh Bhinde's plea against arrest

The Bombay High Court on Friday dismissed the petition filed by advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case, in which he claimed that his arrest was illegal and sought immediate release. A division bench of Justices Bharati Dangre and Manjusha Deshpande said it has not found any legal infirmity and no impairment in the procedure mandated while arresting a person. "We find no legal infirmity. The ground of illegal arrest and detention by the petitioner is nothing but a faux. There is no impairment in the procedure. The petition is dismissed," the court said. Bhinde sought that the FIR registered against him be quashed claiming that the hoarding collapse of May 13, which killed 17 persons, was an "act of God" and he be released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder. His lawyer Rizwan Merchant had argued that Bhinde was arrested from Udaipur on May 16 and was then ...

Hijab ban in Mumbai college explained: Supreme Court to hear plea on Aug 9

Chembur Trombay Education Society's N G Acharya and D K Marathe College introduced a new dress code banning religious attire and religious identifiers within the college premises

SC to hear plea against Bombay HC ban on hijab, burqa in colleges on Aug 9

The Supreme Court on Thursday said it has listed for hearing on August 9 a plea challenging the verdict of the Bombay High Court which had upheld a decision of a Mumbai college to impose a ban on wearing of 'hijab', 'burqa' and 'naqab' inside the campus. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra took note of the submissions of a lawyer that the term exam is commencing from today and the students, belonging from a minority community, are bound to face difficulties due the instructions on dress code. Lawyer Abiha Zaidi, appearing for petitioners, including Zainab Abdul Qayyum, sought urgent hearing saying the unit tests in the college are commencing. "It is coming up tomorrow (Friday). I have listed it already," the CJI said. The high court had on June 26 refused to interfere with the decision of the Chembur Trombay Education Society's N G Acharya and D K Marathe College imposing the ban, saying such rules do not violate students' ...

2018 arms haul case: HC grants bail to 5 accused citing lack of evidence

The Bombay High Court has granted bail to five persons arrested by the Maharashtra Anti Terrorism Squad (ATS) in connection with a 2018 arms haul case and for allegedly conspiring to attack the Sunburn festival in Pune, citing prima facie insufficient evidence to prove the conspiracy charge. A division bench of Justices Bharati Dangre and Manjusha Deshpande, in the order of July 30, also took note of the long incarceration of the accused persons with bleak chances of the trial ending soon. The ATS arrested five persons in 2018 after it seized arms, ammunition and explosives from the residence of two other accused in the Nallasopara area of Thane district. The ATS had claimed the arms and explosives were to be used to target the Sunburn festival in Pune in December 2017. The bench perused the witness statements and other evidence submitted by the prosecution in its chargesheet and said they were "insufficient". "We have prima facie formed an opinion that these statements are ...

Shortage of 18 judges in ten courts across Goa: Minister tells Assembly

Goa Law Minister Aleixo Sequeira has told the legislative assembly that there is a shortage of 18 judges in 10 different courts, including district courts, across the state. In a written reply tabled in the House on Friday, the minister shared the details about the vacancies in the courts. As per the data, there is a shortage of as many as four judges in the civil and criminal courts in South Goa's Margao, while there is a shortage of three judges at the district and sessions court in this town. There is a shortage of two judges each at the district and sessions court in North Goa's Panaji, civil and criminal court there and civil and criminal court in Mapusa. It shows that there is a shortage of one judge each in the civil and criminal courts in Ponda (South Goa), Bicholim (North Goa), Gram Nyayalaya, Sattari at Valpoi (North Goa), Vasco (South Goa) and Gram Nyayalaya, Sanguem (South Goa). The strength of additional judges has been calculated for the state based on the 'Unit ...

HC criticises illegal hawking, asks if stalls be allowed outside mantralaya

The Bombay High Court on Monday came down heavily on the police and civic authorities for their inability to find a solution for the illegal hawking menace and asked if vendors would be allowed to put up stalls outside the Mantralaya or the governor's house. A division bench of Justices M S Sonka and Kamal Khata said if the issue of illegal hawkers and vendors was a recurring problem, a permanent solution is required, and the authorities cannot claim to be helpless. The court said there must be a stop, and it cannot keep recurring blatantly. It also lamented the fact that the civic bodies and police authorities do not take any action on citizens' complaints against illegal and unauthorised hawkers and vendors. "You (authorities) want citizens to come and sit in court every day? This is sheer harassment of people. This is complete lawlessness. The corporation does not look into citizens' complaints, and the police do not. What should a common man do?" the court said. "Those who wan

Bombay HC tells social media cos to take action against deepfakes of NSE MD

The Bombay High Court has directed social media intermediaries to take prompt action against alleged deepfake videos of NSE's managing director and chief executive officer giving stock recommendations. A single bench of Justice R I Chagla in the order of July 16 also directed social media platforms like Facebook, WhatsApp, Instagram and Telegram to remove or delete all accounts infringing upon the trademark of NSE (National Stock Exchange of India Limited). The balance of convenience also lies in favour of the Plaintiff (NSE) and irreparable loss and/or harm will be caused to the Plaintiff, unless the ad-interim (temporary) relief sought for is granted, the HC said. The bench directed the social media platforms to remove or delete the content within ten hours upon receiving a complaint against such morphed videos and profiles where the plaintiff's trademark is infringed. The court said social media firms are mandated by the Information Technology Rules to take prompt action on the

Illegal sand mining: SC seeks response from 4 states, warns of Rs 20 K fine

The Supreme Court on Tuesday sought responses from Tamil Nadu, Madhya Pradesh, Maharashtra and Andhra Pradesh within six weeks on a plea seeking investigation into illegal sand mining cases and the termination of leases of entities involved in it. A bench of Justices Sanjiv Khanna and Sanjay Kumar said a fine of Rs 20,000 will be imposed if the states don't file counter affidavits in six weeks. Though Rs 20,000 fine is not commensurate with the value of illegal sand mining alleged, it will force the states to file the affidavits, Justice Khanna said. The bench listed the matter for November. Advocate Prashant Bhushan, appearing for petitioner M Alagarsamy, submitted that the petition dates back to 2018 and said the four states had not filed affidavits on the status of illegal sand mining despite notices being issued to them. Bhushan, assisted by advocate Pranav Sachdeva, said massive illegal sand mining is going on. This is damaging the environment and till now only the Punjab ...

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

If parole can be granted to share grief, why not for happy occasions: HC

The Bombay High Court has granted parole to a man to bid farewell to his son, who is going to Australia for further studies, holding that if parole can be granted to share grief, it can also be for a happy occasion. The court said conditional release for a brief time is allowed to convicts to let them be in touch with the outside world and to arrange for their family affairs as though behind bars, the convict continues to be someone's son, husband, father or brother. A division bench of Justices Bharati Dangre and Manjusha Deshpande in its order of July 9 said the provisions of parole and furlough have been time and again looked towards as a humanistic approach towards the convicts. The court was hearing a petition filed by one Vivek Shrivastav seeking parole to arrange the tuition fees and other expenses for his son's education at an Australian university and to also bid farewell to him. The prosecution opposed the plea claiming that parole is normally given in emergency situation

In relief to Rahul Gandhi, HC quashes magistrate's order in defamation suit

In a relief to Congress leader Rahul Gandhi, the Bombay High Court on Friday quashed a magistrate's order permitting an RSS worker to submit fresh and additional documents in a pending criminal defamation complaint. RSS worker Rajesh Kunte had in 2014 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 right-wing outfit was responsible for the assassination of Mahatma Gandhi. In 2023, the magistrate court in Bhiwandi in Thane district permitted Kunte to submit the transcript of Gandhi's speech, which was part of a petition the Congress leader had filed in 2014 seeking the quashing of summons issued to him. Kunte contended that by including the transcript as part of his petition, Gandhi had "unambiguously owned up to the speech and its contents". Gandhi challenged the magistrate's order before the high court. On Friday, a single bench of Justice Prithviraj Chavan allowed

Court imposes Rs 50 lakh fine on Patanjali for flouting camphor sales ban

The court had initially restrained Patanjali from selling its camphor products on August 30, 2023

Bombay HC asks Patanjali to deposit Rs 50L for breach of its interim order

The Bombay High Court has directed Patanjali Ayurved to deposit Rs 50 lakh for alleged breach of the HC's interim order restraining it from selling its camphor products, in relation to a trademark infringement case filed by another company. Following trademark infringement allegations by Mangalam Organics Ltd, the HC in an interim order in August 2023 restrained Patanjali Ayurved Ltd from selling its camphor products. A single bench of Justice R I Chagla on July 8 noted that Patanjali, in an affidavit submitted in June, admitted breach of the earlier order granting injunction against sale of the impugned camphor products. "Such persistent breach of the injunction order dated 30th August 2023 by defendant no. 1 (Patanjali) cannot be tolerated by this court," Justice Chagla said in the order, a copy of which was made available on Wednesday. The bench said it would be appropriate to direct Patanjali to deposit a sum of Rs 50 lakh prior to passing of an order for contempt/breach of the

Criminals not born but made, no criminal beyond redemption: Supreme Court

A bench of justices JB Pardiwala and Ujjal Bhuyan made these remarks on July 3 when it was hearing the bail plea of an accused whose trial has been on pause for the last four years

Hawkers have taken over Mumbai streets, no place left for pedestrians: HC

Unauthorised hawkers have virtually taken over every street in the city leaving no place for pedestrians, the Bombay High Court has observed, asking why ordinary citizens should not get the treatment that only "VVIPs" seem to get. A division bench of Justices M S Sonak and Kamal Khata, in an order on June 25, said the problem has reached "alarming proportions", and the government and civic body cannot take their own "sweet time" to deal with it. A copy of the order became available on Tuesday. The high court last year took suo motu (on its own) note of the issue of illegal and unauthorised hawkers and vendors in Mumbai and initiated this petition. The court has issued several directions to the Maharashtra government and the Brihanmumbai Municipal Corporation but their implementation continues to be a casualty, the judges said. "The hawkers and street vendors have virtually taken over the street lanes and bylanes. There is no place for people to walk on the footpaths," the HC ...

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

New criminal laws must be welcomed with changed mindset: Bombay HC CJ

Bombay High Court Chief Justice Devendra Kumar Upadhyaya has said it is a natural tendency to resist change, but the newly enacted criminal laws need to be welcomed and implemented with a changed mindset. He has urged those responsible for delivering justice under the new legal framework, to be implemented from Monday, to embrace their responsibilities. Speaking at an event on Sunday organised by the Ministry of Law and Justice, titled 'India's Progressive Path in the Administration of Criminal Justice System,' CJ Upadhyaya underscored the critical role of effective implementation. "It is our natural tendency to resist change or we loathe to come out of our comfort zone. It is a fear of the unknown that causes this resistance and engulfs our rationale," he said. Notably, three new criminal laws will come into effect across the country from Monday, bringing widespread changes in India's criminal justice system and ending colonial-era laws. The Bharatiya Nyaya Sanhita, the Bharatiya

'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