Page 13 - Bombay High Court

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 ...

Won't arrest Wankhede in money laundering case till March 1: ED to HC

The Enforcement Directorate on Tuesday told the Bombay High Court that it will extend till March 1 its previous statement that it would not arrest Sameer Wankhede, the former zonal director of the Narcotics Control Bureau (NCB), in a money laundering case. A division bench of Justices P D Naik and N R Borkar accepted the statement and posted Wankhede's petition against the case on March 1. The bench directed the probe agency to produce a copy of the ECIR (complaint) on that day. The ED registered a money laundering case against Wankhede after taking cognisance of a first information report (FIR) by the Central Bureau of Investigation (CBI) in an alleged Rs 25-crore bribe demand from superstar Shah Rukh Khan's family to spare his son in a drugs case. Earlier this month, Wankhede filed a petition in the high court seeking to quash the ED's case and, through an interim order, sought protection from any coercive action and a stay on the probe. The probe agency had last week said it wo

Arrest of Chanda Kochhar, her husband amounted to abuse of power by CBI: HC

The arrest of ICICI Bank's former Managing Director and Chief Executive Officer (CEO) Chanda Kochhar and her husband Deepak Kochhar by the Central Bureau of Investigation (CBI) in a loan fraud case was "without application of mind and due regard to the law", amounting to an "abuse of power", the Bombay High Court has said. A division bench of Justices Anuja Prabhudessai and N R Borkar had on February 6 held the Kochhars' arrest as illegal and confirmed a January 2023 interim order passed by another bench granting them bail. In the order made available on Monday, the court said the CBI has been unable to demonstrate the existence of circumstances or supportive material based on which the decision to arrest was taken. The absence of such circumstances renders the arrest illegal, it said. "Such routine arrest without application of mind and due regard to the law amounts to an abuse of power," the court said. The court also refused to accept the probe agency's contention that the arre

HC asks Goa to stop operations of 175 commercial set-ups at Anjuna beach

The High Court of Bombay at Goa has ordered a panchayat to stop operations of 175 commercial establishments, including many restaurants and lodges, along the popular Anjuna beach over lack of permissions from various authorities. The division bench of Justices Valmiki Menezes and Mahesh Sonak on Tuesday directed the Anjuna-Caisua panchayat to stop the commercial operations of the structures immediately. The reason for the stoppage of commercial activities through the above 175 structures is that any permissions or clearances from the Town and Country Planning authorities back none of these structures, the Judges said. None of these structures have any completion or occupancy certificate. None of these structures are cleared from the perspective of fire safety, discharge of sewerage, etc, the Bench said. Of these commercial set-ups, the court observed, 45 have some sort of clearance from the Goa Coastal Zone Management Authority (GCZMA). Similarly, about 130 of these 175 structures

Ex-NCB officer Sameer Wankhede moves HC against ED's money laundering case

Former Mumbai NCB zonal director Sameer Wankhede has moved the Bombay High Court challenging the Enforcement Directorate's money laundering case against him, claiming that it was a "counter blast" to a complaint filed by him against the anti-drug agency's senior official. The ED registered the money laundering case against Wankhede after taking cognisance of a Central Bureau of Investigation (CBI) FIR in an alleged Rs 25 crore bribe demand from Bollywood superstar Shah Rukh Khan's family to spare his son Aryan Khan in a drugs case. Wankhede, a 2008-batch Indian Revenue Service (IRS) officer of the Customs and Indirect Taxes cadre, in his plea said the ED's case "smacks of malice and vendetta". The petition filed on February 6 through advocates Karan Jain, Sneha Sanap and Aditya Targe sought for the ED case to be quashed and an interim order to be passed granting him protection from any coercive action. Wankhede also sought for the probe being carried out by the ED to be stayed till

Bombay HC gives split verdict in case challenging FCUs under IT Rules

Justice Patel ruled in favour of the petitioners, striking down the rule and Justice Gokhale dismissed the petitions, and upheld the rule

PIL in HC against Maha govt's move to grant Kunbi caste status to Marathas

A public interest litigation (PIL) has been filed in the Bombay High Court challenging the Maharashtra government's move to grant Kunbi caste certificates to the Maratha community members in the state. The PIL, filed on Tuesday by one Mangesh Sasane, who claims to be the chairman of the 'OBC Welfare Foundation', said the state government by granting Kunbi certificates to the Maratha community was "eating into" the reservation of the Other Backward Classes (OBCs). The petition is likely to come up for hearing on February 6, as per the HC's website. The plea challenges five government resolutions issued from 2004 permitting the Marathas to seek Kunbi caste certificates. "Earlier, the process of granting Kunbi certificates to Marathas was difficult but with every agitation, the process was made easier. This was just to facilitate the Marathas (for reservation)," the petitioner's advocate Ashish Mishra claimed. The petition said that in 2021, the Supreme Court declared the Maharashtra

MLA disqualification: Notice issued to Maha Speaker on Shinde faction pleas

The Bombay High Court on Wednesday issued notice to Maharashtra Speaker Rahul Narwekar and the 14 MLAs of the Uddhav Thackeray group on petitions filed by Chief Minister Eknath Shinde-led Shiv Sena challenging Narwekar's order to not disqualify the lawmakers. A division bench of Justices Girish Kulkarni and Firdosh Pooniwalla also issued notice to the Maharashtra Legislature Secretariat and directed all the respondents to file their affidavits to the petition. The bench posted the matter for hearing on February 8. The petitions filed by Bharat Gogavale, the chief whip of Shinde-led Shiv Sena, against the 14 MLAs said it was challenging the legality, propriety and correctness of the January 10 order passed by Speaker Narwekar dismissing the disqualification petitions filed by him against the lawmakers from the rival camp. Gogavale has sought HC to declare the speaker's order as bad in law, quash it and disqualify all the 14 MLAs from the Thackeray group Sena (UBT). Issue notice to

Public authorities can't claim relaxation in aviation safety: Bombay HC

Civil aviation safety norms cannot be relaxed even for a project by a public authority, the Bombay High Court held while dismissing the MHADA's petition against an order passed by the Union Ministry denying it permission to construct a 40-storey building near the airport here. A division bench of Justices Gautam Patel and Kamal Khata on January 10 dismissed the petition filed by the Maharashtra Housing and Area Development Authority (MHADA) against a decision taken by the appellate authority of the Ministry of Civil Aviation in December 2021 setting a height restriction for a residential building proposed near the Chhatrapati Shivaji Maharaj International Airport. The court, in its order, said the MHADA certainly cannot claim a legal, let alone constitutional, right to a taller building. "It cannot contend that civil aviation safety standards should not apply to it. It cannot contend that merely because this is an MHADA project, it exceeding a mandated height poses no danger to civi

SC extends stay imposed by Bombay HC on order granting bail to Navlakha

The Supreme Court on Friday extended the stay imposed by the Bombay High Court on the operation of its order granting bail to activist Gautam Navlakha in the Elgar Parishad-Maoist links case. A bench of Justices M M Sundresh and S V N Bhatti also directed the top court's Registry to place before Chief Justice of India D Y Chandrachud the National Investigation Agency's (NIA) plea to decide on tagging the petition with cases of other accused. The Supreme Court said it was not inclined to say anything on the merits of the case. The Bombay High Court had on December 19 last year granted bail to Navlakha but stayed its order for three weeks after the NIA sought time to file an appeal in the top court. Navlakha, who was arrested in August 2018, was in November last year permitted by the Supreme Court to be placed under house arrest. He is currently residing in Navi Mumbai. The case relates to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31,