Page 11 - Bombay High Court

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

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

Salman Khan house firing: Remove actor's name from plea, says Bombay HC

The Bombay High Court on Monday ordered for the removal of actor Salman Khan's name as respondent in a plea seeking a CBI probe into the custodial death of an accused in a case of firing outside the actor's house. Accused Anuj Thapan was found dead on May 1 inside the toilet of the crime branch police lock-up here. A division bench of Justices Revati Mohite-Dere and Shyam Chandak directed petitioner Rita Devi, mother of Thapan, to delete Khan's name from the petition. "Delete his name. Petitioner seeks leave to amend the petition to delete the name of respondent 4 (Salman Khan) as there is no pleading against him and no relief sought against him," the court said. On April 14, two motorbike-borne persons opened fire outside Bollywood superstar Salman Khan's residence in Bandra area here. The alleged shooters - Vicky Gupta and Sagar Pal - were later arrested from Gujarat. Thapan was arrested on April 26 from Punjab along with another person for allegedly supplying weapons to the .

GRP allowed Bhinde's firm to erect four illegal hoardings in 2021: Somaiya

BJP leader Kirit Somaiya on Friday claimed that the Government Railway Police (GRP) had granted permission in 2021 for four more illegal hoardings in Mumbai to the advertising firm involved in the Ghatkopar billboard collapse. Somaiya said these hoardings have been installed at the Railway Police Colony near Tilak Bridge, Dadar. Four more hoardings illegal permission was given by GRP Railway Police of Maharashtra Govt to Bhavesh Bhinde EGO Media in 2021 (sic), Somaiya said in a post on X. Bhavesh Bhinde, director of M/s Ego Media Pvt. Ltd., which had put up the giant hoarding that collapsed in suburban Ghatkopar killing 16 people and injuring 75 was nabbed from Rajasthan and brought to the city early on Friday. The illegal 125 feet x 125 feet hoarding, which stood on a piece of land in possession of the GRP, crashed onto a petrol pump in the Chheda Nagar area on Monday evening when the city was hit by dust storms and unseasonal rains. Ex-MP Somaiya had alleged on Thursday that no

Handover the land for Bombay High Court building by September, says SC

The Supreme Court on Friday asked the Maharashtra government to strive to handover by the end of September the first tranche of land for construction of a new Bombay High Court building. A bench headed by Chief Justice of India D Y Chandrachud asserted that the state authorities need not wait till the end of the year to handover the entire land and smaller areas can be given as they become available. "We direct the Maharashtra government to make all endeavour to hand over the first tranche of land of 9.64 acre by the end of September 2024. The government of Maharashtra need not wait till December to handover the entire 9.64 acre and smaller areas could be handed over. All endeavour be made for 9.64 acre to be handed over by September 30, 2024," the court said. The top court was hearing a case under its suo motu (on its own) jurisdiction, initiated after taking note of an April 29 letter petition of Bombay Bar Association president Nitin Thakker and other bar leaders with respect to

Assault on cops: Bombay HC refuses to quash case against Chandrababu Naidu

The Aurangabad bench of the Bombay High Court has refused to quash a case against former Andhra Pradesh Chief Minister N Chandrababu Naidu and TDP leader Nakka Ananda Babu for allegedly assaulting police personnel in Maharashtra in 2010. A division bench of Justices Mangesh Patil and Shailesh Brahme in its judgement on May 10 said it has "no manner of doubt that there is enough material to reveal complicity" of both Naidu and Babu in the commission of the alleged crime. The court dismissed the petitions filed by Telugu Desam Party (TDP) chief Naidu and Babu seeking to quash the FIR lodged against them with the Dharmabad police in Maharashtra's Nanded district. The FIR was registered on charges of assaulting or using criminal force against a public servant, causing harm with dangerous weapons, rash acts endangering lives of others, intentional insult with an intent to provoke breach of peace and criminal intimidation. The bench in its order said it has "no manner of doubt that there

Gifted shares may escape capital gains tax if HC ruling sets precedent

The court held that a gift is a voluntary transfer and does not require consideration. Only when there is consideration received can profit or gain be measured

Prisoner has right to medical treatment: HC on interim bail to Naresh Goyal

A prisoner also has the right to medical treatment and is entitled to dignity, the Bombay High Court observed while granting interim bail for two months on medical grounds to Jet Airways founder Naresh Goyal, arrested in a money laundering case. A single bench of Justice N J Jamadar said there was a difference between undergoing treatment as an undertrial prisoner and as a citizen with no restraint. The bench had on Monday granted interim bail for two months to Goyal on medical grounds. Goyal (75) had sought interim bail on medical and humanitarian grounds as both he and his wife, Anita Goyal, are suffering from cancer. A special court had in February denied bail to Goyal but permitted him to be admitted to a private hospital of his choice and seek medical treatment. Goyal then moved the high court seeking bail on merits and to be released on interim bail on medical grounds. Justice Jamadar, in the order, perused the medical records and said, "It would be audacious to hold that t

Firing outside Salman Khan's house: Family of deceased accused moves HC

The family of Anuj Thapan, who died while in police custody following his arrest in the case related to firing outside Bollywood superstar Salman Khan's house here, has moved the Bombay High Court seeking a CBI probe into his death. While the police claim Thapan killed himself in the lock-up, his mother Rita Devi in her petition filed in the HC on Friday alleged foul play and claimed he was killed. In the plea, which will come up for hearing in due course, Devi sought the HC to direct the Central Bureau of Investigation (CBI) to probe the death of her son. The petition alleged Thapan was physically assaulted and tortured by police in custody. It also sought the high court to direct the police to hand over CCTV footage of the police station and the lock-up where Thapan was held. The petitioner requested for the preservation of call data records (CDR) of police officials, who are probing the firing incident, from April 24 to May 2. It also sought directions for a fresh post-mortem

Issuance of LOCs at instance of PSBs violation of fundamental rights: HC

The court made the observation on April 23 while quashing the Centre's decision empowering such banks to seek issuance of LOCs

PSBs don't have power to issue 'Look Out Circulars' against defaulters: HC

The Bombay High Court on Tuesday ruled that public sector banks do not have the power in law to issue Look Out Circulars (LOCs) against default borrowers. The HC's verdict would render all LOCs issued by such banks against defaulters as quashed. A division bench of Justices Gautam Patel and Madhav Jamdar held as unconstitutional the clause of an office memorandum issued by the central government empowering the chairpersons of public sector banks to issue LOCs against default borrowers. Advocate Aditya Thakker, appearing for the Union government, sought the HC to stay its order but the bench refused. The court passed its verdict on a bunch of petitions challenging validity of the said clause. The bench said the Bureau of Immigration shall not act upon such LOCs (issued by banks against defaulters). The court also said its judgment would not affect the orders issued against any defaulter by a tribunal or a criminal court restraining them from travelling abroad. While the office ..

No change in leadership for Dawoodi Bohra community: The dispute explained

Bombay High Court dismisses a suit challenging Syedna Mufaddal Saifuddin's position as the religious leader of the Dawoodi Bohra community