Page 12 - Bombay High Court

Special Courts with sessions judges can try offences under IBC: SC

The High Court had observed that the objective of the legislature was not to burden a special court comprising a sessions judge with trials under the IBC

Compensation for death of Covid-19 warriors is not bounty, says Bombay HC

Compensation for the death of COVID-19 warriors was not a bounty, and cases seeking ex-gratia cannot be dealt with casually, the Aurangabad bench of the Bombay High Court said while dismissing a petition filed by the widow of a handpump helper who died during the pandemic. A division bench of Justices Ravindra Ghuge and R M Joshi said there was nothing "perverse or erroneous" in the order passed by the Maharashtra government rejecting the woman's application seeking compensation of Rs 50 lakh. A copy of the judgment passed on March 28 was made available on Tuesday. The order was passed on the petition filed by Kanchan Hamshette from Nanded district, who sought ex-gratia of Rs 50 lakh from the government as her husband, who she claims was deployed by the government, had died after getting infected with the coronavirus. During the pandemic, the state government introduced a comprehensive personal accident cover of Rs 50 lakh to employees who were on active duty relating to survey, ..

Bombay HC pulls up Maharashtra govt for denying benefits to martyr's widow

The Bombay High Court on Friday expressed displeasure with the Maharashtra government for its failure to decide on granting benefits to the widow of an Army major, who was martyred in Jammu and Kashmir, under its policy for ex-servicemen. A division bench of Justices Girish Kulkarni and Firdosh Pooniwalla said it was "not happy " and "surprised" with the government's stand despite orders passed by the court asking the chief minister to consider the matter as a "special case". The court was hearing a petition filed by Aakriti Sood, widow of late Major Anuj Sood, seeking benefits (monetary) for ex-servicemen under two government resolutions of 2019 and 2020. Major Sood lost his life on May 2, 2020 while rescuing civilian hostages from terrorist hideouts in Jammu and Kashmir, and was awarded the Shaurya Chakra posthumously. The state government has contended that only those born in Maharashtra or who lived in the state continuously for 15 years were eligible for monetary benefit and .

Supreme Court reinstates MP Navneet Rana's scheduled caste certificate

A Bombay High Court judgment in 2021 had questioned the validity of MP Navneet Kaur Rana 'Mochi' caste certificate, claiming it had been procured fraudulently

SC sets aside verdict cancelling caste certificate of MP Navnit Rana

The Supreme Court on Thursday set aside the Bombay High Court verdict cancelling the caste certificate of Amravati MP and BJP leader Navneet Kaur Rana. Allowing the plea of Rana, a bench comprising justices JK Maheshwari and Sanjay Karol said the high court should not have interfered with the report of the scrutiny committee on the issue of caste certificate of Rana. On June 8, 2021, the high court had said the 'mochi' caste certificate was obtained fraudulently using fabricated documents by Rana. It had also imposed a fine of Rs 2 lakh on the Amravati MP, saying the records indicated that she belonged to the 'Sikh-Chamar' caste. Rana, who had won the reserved Amravati parliamentary seat in Maharashtra as an independent candidate in 2019, has recently joined BJP and is all set to contest from the same constituency.She was backed by the NCP in 2019.

GM close to exiting India, Talegaon workers accept separation offer

General Motors India ended the labour standoff after the Bombay High Court dismissed two petitions by the employees' union

Sushant Rajput drugs case: No coercive action against Wankhede till Apr 10

The Bombay High Court on Monday said no coercive steps shall be taken against IRS officer Sameer Wankhede till April 10 on notices issued to him on the NCB's preliminary inquiry over irregularities in a drugs case related to actor Sushant Singh Rajput's death. The Narcotics Control Bureau (NCB) initiated the preliminary inquiry against Wankhede in connection with the drugs case pertaining to Rajput's death and another case of arrest of a Nigerian national for drugs possession, probed by Wankhede, after it received anonymous complaints of irregularities during the investigation into them. After Rajput allegedly committed suicide at his residence in Mumbai in June 2020, the NCB initiated a probe of alleged drug use in the film industry. The agency later lodged a case of alleged possession, consumption and financing of drugs against Rajput's girlfriend Rhea Chakraborty, her brother Showik and 33 others. From November 2023 to March 2024, the NCB issued eight notices to Indian Revenue .

Containing disinformation

Initiatives by digital giants will be critical

Banks should pass reasoned orders while declaring entity defaulter: HC

The Bombay High Court has said banks and financial institutions should pass reasoned orders before declaring an entity or person a wilful defaulter under the Reserve Bank of India's Master Circular. A division bench of Justices B P Colabawalla and Somasekhar Sundaresan, in its order on March 4, noted that wilful defaulters are ostracized from access to the financial sector and hence, the discretion given to banks under the circular should be exercised with caution as mandated by the RBI. "Banks and financial institutions that seek to invoke the Master Circular to declare occurrence of wilful default, must share the reasoned orders passed by its Identification Committee and Review Committee," the HC said. The bench was hearing a petition filed by Milind Patel, former joint managing director of IL&FS Financial Services Limited (IFIN), challenging an order passed by the Union Bank of India in February 2023 declaring the firm and its promoters wilful defaulters under the 2015 Master ..

Sebi to issue corrigendum on summons issued to Zee founder Subhash Chandra

The market regulator's statement comes in a response to the petition filed by Chandra alleging that the summons issued by Sebi is effectively a show cause notice and contains "conclusive" allegations

Bombay HC refuses to grant interim stay on setting up fact-checking unit

The order was passed on a bunch of applications filed by standup comedian Kunal Kamra and others seeking a stay on the notification of the FCU

HC pulls up Maha govt for delaying land allotment for new court building

The Bombay High Court on Monday rapped the Maharashtra government for delaying land allotment for the new court building in suburban Bandra, noting that the condition of the existing structure in south Mumbai was bad and lives of judicial officers were in peril because of it. A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor expressed displeasure with the state government for dragging its feet on the issue, and said it does not want to create an "unsavoury situation". The bench was hearing a petition by lawyer Ahmed Abdi, alleging that the government had not complied with the high court's 2018 order on land allotment for the court building. Last year, the government informed the bench that approval was given to grant 30 acres of land for a new high court building in Bandra, and the process was on to make necessary changes in the state revenue records, after which possession would be handed over. Additional government pleader Abhay Patki informed the court

HC relief to ex-officials accused of allowing landing of explosives

The Bombay High Court has granted relief to two retired Central Excise officials, nearly 20 years after disciplinary action orders against them for allegedly allowing landing of explosives used in the 1993 serial bomb blasts in the city. There was no evidence to prove the charges against them in the departmental proceedings, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said while quashing the disciplinary action orders. The duo, S M Padwal and Yashwant Lotale, retired superintendents of the Central Excise department, shall be entitled to all consequential benefits such as arrears of salary and pension, which shall be made available to them within two months, the HC said in its judgment on March 4. Twelve bombs went off at different locations in Mumbai on March 12, 1993, killing 257 persons and injuring more than 700 others. A special court later convicted 100 persons in the case and acquitted 23 others. The HC noted that Padwal and Lotale did

Maoist links case: Ex-DU professor Saibaba released from Nagpur jail

Former Delhi University professor G N Saibaba was released from the Nagpur Central Jail on Thursday, two days after the Bombay High Court acquitted him in an alleged Maoist links case. Saibaba was lodged in the jail here since 2017 after his conviction by a trial court in Maharashtra's Gadchiroli district. Before that, he was in prison from 2014 to 2016 and was subsequently granted bail. "My health is very bad. I can't talk. I will have to first take medical treatment, and then only I will able to speak," Saibaba, who has been wheelchair-bound, told reporters after coming out of the jail. A family member was waiting for him outside the jail. The Nagpur bench of Bombay High Court on Tuesday set aside the life sentence of Saibaba in the alleged Maoist links case, noting that the prosecution failed to prove the charges beyond reasonable doubt. The HC overturned Saibaba's sentence, terming the sanction for prosecution granted under the Unlawful Activities (Prevention) Act (UAPA) as "n

Journalists not employees under Unfair Labour Practices Act: Bombay HC

Working journalists do not fall in the definition of employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act as they enjoy a special status, the Bombay High Court has said. Consequently, a complaint filed by a working journalist under these Acts before an industrial court would not be maintainable, a division bench of Justices Nitin Jamdar and Sandeep Marne said in its order of February 29. They enjoy a special status under provisions of the Working Journalists Act and have a recourse to settle their disputes under the Industrial Disputes Act, the HC said. The judgement came on petitions filed by two working journalists challenging orders of the industrial court in 2019 rejecting their complaints on the ground that working journalists did not fall within the term of employee or workman under the Prevention of Unfair Labour Practices Act. The bench noted that the Working Journalists Act, 1955 has already established a mechanism for .

Maoist links case: HC acquits former DU professor G N Saibaba, 5 others

The Nagpur bench of the Bombay High Court on Tuesday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case and set aise the life imprisonment imposed on him. A division bench of Justices Vinay Joshi and Valmiki SA Menezes also acquitted five others accused in the case. The bench said it was acquitting all the accused as the prosecution failed to prove the case beyond reasonable doubt against them. It also held as "null and void" the sanction procured by the prosecution to charge the accused under provisions of the stringent Unlawful Activities (Prevention) Act (UAPA). While the prosecution did not seek the HC to stay its order, it said it was likely to file an appeal in the Supreme Court immediately. On October 14, 2022, another bench of the HC acquitted Saibaba, noting the trial proceedings were "null and void" in the absence of a valid sanction under the UAPA. The Maharashtra government had on the same day approached the Supreme Court challengi

Education considered pious in our culture, has now become unaffordable: HC

Education, which is considered pious in the Indian culture, has now become unaffordable, the Bombay High Court has said noting it is the state's constitutional responsibility to ensure quality education reaches everyone. A division bench of Justices A S Chandurkar and Jitendra Jain made these observations while refusing to quash decisions taken by the Maharashtra government to grant permission to two organisations to set up educational institutions in Pune. The HC in its February 21 order said the court is not an expert in education policy matters and state government is the best authority to select the best and mere power to choose cannot be termed as arbitrary. "Pune is known as the 'Oxford of the East' for decades and it has attracted students not only from India but other countries as well. This has resulted in Pune being a hub of educational institutions," the HC noted. With the passage of time and due to growth of the city, there has been a huge growth and competition in sett

Article 21 soul of Constitution, liberty of citizen most important: SC

The Supreme Court has said that Article 21 is the soul of the Constitution as the liberty of a citizen is of paramount importance and the high court not expeditiously adjudicating matters related to it would deprive a person of this precious right. A bench of Justice B R Gavai and Justice Sandeep Mehta made the observation after noting that the Bombay High Court has granted bail to one Amol Vithal Vahile, a prime accused in the murder of a corporator in Maharashtra, after a nudge from the apex court on January 29. The bench, in its recent order, said it is thus clear that before the order was passed by this court on January 29, 2024, the high court instead of deciding the application for bail on merits shunted it on one or the other ground. "Needless to state that Article 21 of the Constitution of India is the soul of the Constitution as the liberty of a citizen is of paramount importance. Not deciding the matter pertaining to liberty of a citizen expeditiously and shunting away the

Docu-series on Indrani won't be released till Feb 29: Netflix tells HC

OTT platform Netflix on Thursday told the Bombay High Court that it would not release the documentary series on Indrani Mukerjea, who is facing trial for allegedly killing her daughter Sheena Bora, till February 29. A division bench of Justices Revati Mohite Dere and Manjusha Deshpande directed the makers of the series to hold a special screening of the series for the Central Bureau of Investigation (CBI), the prosecuting agency. The docu-series, titled 'The Indrani Mukerjea Story: The Buried Truth', delves into the disappearance of 25-year-old Bora and was scheduled to premiere on streaming platform Netflix on February 23 (Friday). The CBI had filed a petition in the high court, seeking a stay on its release till the trial in the case is complete. The bench on Thursday sought to know from the makers of the series if it was willing to hold a screening of the series for the CBI. "Why should the CBI not be allowed to see the series. What is the difficulty in sharing the ...

Sushant Singh Rajput death case: HC quashes LOCs issued against Rhea

The Bombay High Court on Thursday quashed the Look Out Circulars (LOCs) issued against Rhea Chakraborty, her brother and father by the CBI in connection with its probe into the death of actor Sushant Singh Rajput. A division bench of Justices Revati Mohite Dere and Manjusha Deshpande allowed the petitions filed by Rhea Chakraborty, her brother Showik and their father Indrajit against the LOCs issued against them in 2020. CBI's advocate Shreeram Shirsat requested the bench to stay the operation of its order for a period of four weeks so that the agency could file an appeal in the Supreme Court. The HC bench, however, refused to stay its order. Rajput was found dead in his apartment in suburban Bandra on June 14, 2020. While the Mumbai police registered an Accidental Death Report and started a probe into the case, Rajput's father in July 2020 lodged a complaint with the Bihar police, alleging that the actor's girlfriend Rhea Chakraborty and her family members had abetted his ...