Page 11 - Bombay High Court

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

Bombay HC refuses to interfere in hijab ban decision of Mumbai college

The Bombay High Court on Wednesday refused to interfere in a decision taken by a city-based college to impose a ban on hijab, burka and naqab in its premises. A division bench of Justices A S Chandurkar and Rajesh Patil said it was not inclined to interfere in the decision taken by the college and dismissed a petition filed against it by nine girl students, who are in the second and third year of a science degree course. The students moved the HC earlier this month, challenging a directive issued by the Chembur Trombay Education Society's NG Acharya and DK Marathe College imposing a dress code under which students cannot wear a hijab, naqab, burka, stoles, caps and badges inside the premises. The petitioners claimed such a directive was against their fundamental rights to practice their religion, right to privacy and right to choice. The plea termed the college action as "arbitrary, unreasonable, bad-in-law and perverse". The petitioner's advocate, Altaf Khan, last week submitted

Jet Airways' Naresh Goyal moves HC, seeks extension of interim medical bail

Jet Airways founder Naresh Goyal has moved the Bombay High Court seeking extension of the two-month interim medical bail granted to him earlier. On May 6, the high court had granted interim bail for two months on medical grounds to Goyal, arrested in a money laundering case by the Enforcement Directorate (ED). Goyal, 75, has now filed an application seeking extension of the same. The plea said his medical condition continues to remain poor and that he has also lost his wife to cancer on May 16. The application came up for hearing on Tuesday before a single bench of Justice Manish Pitale. The court referred to a circular issued by the high court in February, stating that the applications where earlier pleas were considered and decided by a particular judge shall be placed before the same bench. Justice Pitale directed the high court's registry department to place Goyal's application before the single bench of Justice N J Jamadar, who had granted him interim bail in May for two ...

Pune crash: Minor released, HC says sending him to observation home illegal

The Bombay High Court on Tuesday directed that the 17-year-old boy allegedly involved in the Porsche car accident in Pune be released immediately as the orders remanding him to an observation home were illegal and the law regarding juveniles must be implemented fully. The teenager, who had got bail hours after the accident on May 19 but was sent to the observation home three days later following an outcry, was released in the evening following the HC order. A division bench of Justices Bharati Dangre and Manjusha Deshpande said it was the court's bounden duty to prioritize justice above everything else, and it was not swayed by the uproar created because of the ghastly mishap which resulted in the loss of two innocent lives. "Fiat Justitia Ruat Caelum, a latin phrase which connotes, "Let justice be done though the heavens fall," clearly convey a principle in law, that justice must be realized regardless of consequences and just decisions may be made at whatever cost it comes," the

Pune Porsche crash case: Bombay HC orders release of juvenile accused

The Bombay High Court on Tuesday ordered that a 17-year-old boy allegedly involved in the Porsche car accident in Pune last month be released immediately from an observation home. The teen, who the police claim was drunk and driving the luxury car when it hit a two-wheeler in the early hours of May 19 killing two techies, was lodged at an observation home in Maharashtra's Pune city. A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed the orders issued by the Juvenile Justice Board (JJB) remanding the minor to the observation home. "We allow the petition and order his release. The CCL (Child in Conflict with Law) shall be in the care and custody of the petitioner (paternal aunt)," the court said. The bench noted the JJB's remand orders were illegal and passed without jurisdiction. The court said amid the "immediate reaction to the accident, the kneejerk reaction and the public outcry, the CCL's age was not considered." "The CCL is under 18 years old. His age

Streets, footpaths cleared for PM, VVIPs; why not for everyone: Bombay HC

The Bombay High Court on Monday said when streets and footpaths are cleared for the prime minister and other VVIPs for one day, why can't it be done on a daily basis for everyone else too. Having a clear footpath and a safe place to walk was every person's fundamental right and the state authorities were obligated to provide the same, a division bench of Justices M S Sonak and Kamal Khata. The state cannot perpetually just wonder what can be done to work out the problem of unauthorised hawkers encroaching upon footpaths in the city and has to now do something drastically, the bench said. The high court last year took suo motu (on its own) cognizance of the issue of illegal and unauthorised hawkers and vendors in the city. On Monday, the bench said while it knows the problem is large, the state and other authorities, including the civic body, cannot just leave it at that and called for some drastic action. "When the prime minister or some VVIPs come, the streets and footpaths are .

After SC's stay order, Bombay HC permits 'Hamare Baarah' release after cuts

The Supreme Court had left the case to be decided by the Bombay High Court after suspending the film's screening last week