Page 15 - Bombay High Court

Bombay HC slams Centre's ease of doing biz, says mindful of cases' pendency

The Bombay High Court recently took a dig at the Central government's "ease of doing business", and said while it was mindful of the pendency of cases in courts, it was the government that was by far the largest litigant and the one that most often sought adjournments. A division bench of Justices Gautam Patel and Kamal Khata, which was on October 5 hearing a petition filed by one Ramkali Gupta in 2016 over property-related issues, said it was no stranger to repeated assertions from the Union government regarding the pendency of cases and impediments allegedly caused by the courts. The bench in its order said it was shocked to note that Gupta's petition has been pending for seven years and that since June this year, the plea has been adjourned at the request of the Union government so that the additional solicitor general could appear. We are equally mindful, and we are constrained to say this, that we are no strangers to repeated assertions from the Union government itself regardin

Only 49 professors posted at Medical College despite 97 approved posts: HC

"There are 97 approved posts of Professors in the medical college but only 49 are posted there at present, what would you say on that?" the court asked

Bombay HC calls hospital conditions in Maharashtra 'unacceptable'

Dr Shankarrao Chavan Government Medical College and Hospital in Nanded reported 31 deaths, including 16 children, within 72 hours

HC takes suo motu cognisance of deaths at govt hospitals in Maharashtra

The Bombay High Court on Wednesday took suo motu (on its own) cognizance of the deaths at the state government-run hospitals at Nanded and Chhatrapati Sambhajinagar and sought details from the Maharashtra government. A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor asked Advocate General Birendra Saraf, appearing for the state government, to submit to the bench details about the state's budgetary allocation for health on Thursday. Earlier in the day, an advocate, Mohit Khanna, had submitted a letter to the bench requesting it to take suo motu cognizance of the deaths. The bench initially directed Khanna to file a petition and said it wanted to issue effective orders. It also asked the advocate to gather data regarding vacancies in the hospitals, availability of medicine, the percentage (of funds) the government is spending and so on. However, in the afternoon session, the bench said it was taking suo motu cognizance of the issue noting that reasons given by t

Govt can ask land owner to handover some portion free of cost: SC

The top court remark came while setting aside a Bombay High Court judgement

Bombay HC allows Akasa Air to proceed with suit against former pilots

Rejecting the pilots' plea, the court stated that the cause of action, including the act of resignation, fell within its jurisdiction

No recourse for user facing action by social media platform: Bombay HC

The Bombay High Court on Wednesday said it was troubled by the fact that the recently amended IT Rules to curb online fake news against the government offer no recourse to a person whose social media post has been removed or account suspended after being flagged by the proposed Fact Checking Unit (FCU). A division bench of Justices Gautam Patel and Neela Gokhale questioned where such a person would go when their post is unilaterally closed with no recourse available. It may or may not have a chilling effect but still needs to be considered, Justice Patel said. The bench was hearing arguments on a bunch of petitions challenging the amended Information Technology (IT) Rules. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines have filed petitions in the HC against the Rules, terming them arbitrary and unconstitutional and claiming that they would have a chilling effect on the fundamental rights of citizens. Solicitor General Tushar Mehta

Bombay HC allows Akasa Air to proceed with case against pilots in Mumbai

Justice SM Modak said that the actions rose within its jurisdiction as resignations were accepted by the company in Mumbai

Dream11 moves Bombay High Court challenging GST show cause notices

Fantasy sports platform Dream11 has filed a petition in the Bombay High Court challenging the levy of 28 per cent GST retrospectively on bets placed on its platform. The petition filed on September 22 follows Show Cause Notices (SCN) slapped on the e-gaming platform by Goods and Services Tax (GST) authorities. As per the petition, the tax demand is to the tune of Rs 216.94 crore for 2017-18 and Rs 1,005.77 crore for 2018-19. Dream11 challenged the SCN, which seeks to recover the GST as they were based on the premise that the services provided by the company were those of gambling on which 28 per cent tax is leviable. "The impugned notices lack jurisdiction having been issued in teeth of the Apex Court judgments in the petitioner's own case, wherein, it has been held that Online Fantasy Sports Gaming provided by the petitioner are predominantly games of skill, not amounting to gambling/betting," the petition said. The e-gaming company said the impugned notices lack jurisdiction and

Kishore Biyani moves Bombay HC against forensic audit of Future Retail

Kishore Biyani, the erstwhile promoter of debt-ridden Future Retail, has moved the Bombay High Court against the forensic audit process of the company. Earlier in August this year, Kishore Biyani and his brother Rakesh Biyani were asked by Bank of India to respond to findings made in the forensic audit report by BDO, a forensic auditor appointed by the leading financial creditor of Future Retail Ltd (FRL). The forensic auditor had submitted its report on August 9, 2023, and Bank of India sought representation/submissions from the company over the credit facilities availed by Biyani, which was replied by the resolution professional on August 28, 2023, FRL said in a regulatory filing. "Kishore Biyani - Director of the Company, has filed a writ petition before High Court, Bombay, inter alia challenging the Forensic Audit process, including the Forensic Audit Report dated August 09, 2023, submitted to BOI by BDO India," FRL said. Bank of India is the lead creditor of FRL, and CIRP was

Akasa Air approached Bombay HC to save court fees: Pilot's counsel

He argued that the move to choose Bombay HC over Delhi HC is to 'reap the maximum payable amount'

Covid body bags purchase scam: Ex-Mumbai mayor Pednekar appears before EOW

Former Mumbai mayor Kishori Pednekar appeared before the Mumbai police's Economic Offences Wing on Monday in connection with an alleged scam in the purchase of body bags for COVID-19 victims, a police official said. On September 6, the Bombay High Court granted interim protection from arrest for four weeks to Pednekar, noting the case probe was on and at this stage custodial interrogation was not warranted. The court also directed Pednekar to cooperate with the probe in the case and appear before the city police's Economic Offences Wing (EOW) on September 11, 13 and 16 for questioning. On Monday, Pednekar reached the EOW office here at around 11 am to face an inquiry into the case, the official said. Pednekar approached the HC after a sessions court rejected her pre-arrest bail plea, saying she was accused of an economic offence involving a huge amount of public money. The EOW had registered a case against Pednekar and two senior officials of the Brihanmumbai Municipal Corporation

HC seeks Maha govt response on Swamy's PIL against Pandharpur Temples Act

The Bombay High Court on Monday sought the Maharashtra government's reply on a public interest litigation (PIL) filed by BJP leader Subramanian Swamy challenging the Pandharpur Temples Act. In the petition filed in February this year, Swamy claimed the Maharashtra government had taken over the administration of the Pandharpur town's temples in an arbitrary manner. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor on Monday directed the government to file its affidavit and posted the matter for hearing on September 13. As per the plea, the state government through the Pandharpur Temples Act, 1973, had abolished all hereditary rights and privileges of ministrants and priestly classes for the governance and administration of the temples of Lord Vitthal and Rukmini in Pandharpur in the state's Solapur district. The law enabled the state government to control its administration and management of funds, the plea said. On Monday, another person Bheemach

No stay on MHADA lottery, HC rejects plea seeking reservation for SBC

The Bombay High Court has refused to pass any urgent orders on a plea seeking for the Special Backward Class (SBC) to be included as a reserved category in the Maharashtra Housing and Area Development (MHADA) lottery for housing allotments. The petitioner, Deepal Shahu Shirvale, had sought that the lottery, to be declared on Monday, be stayed pending hearing of the plea or for the SBC to be included in the reserved category. A division bench of Justices Gautam Patel and Neela Gokhale in their order on August 11 refused to pass any orders granting urgent interim relief on the plea, noting that there was no urgency. MHADA's advocate Uday Warunjikar opposed the plea and said the housing body has the power to frame rules and regulations. He said there are 11 reserved categories at present and the SBC category is not one of them. The bench while refusing any urgent relief observed the plea has not challenged the MHADA rules. We do not know how we can require the insertion of a special

Nitin Desai's death: No relief to Edelweiss officials, hearing on Aug 18

The Bombay High Court on Friday refused to pass any order granting urgent interim reliefs to Edelweiss company officials, accused of abetting the suicide of renowned film art director Nitin Desai, and said it would hear their pleas against the FIR on August 18. A division bench of Justices N W Sambre and R N Laddha also issued a notice to Desai's wife, who is the complainant in the case. Senior counsel Amit Desai, appearing for Edelweiss Financial Services Chairman Rashesh Shah, Edelweiss Asset Reconstruction Company's MD and CEO Raj Kumar Bansal and two other company officials urged the court to grant them interim protection from any coercive action and also sought quashing of the first information report (FIR) registered against them. Public prosecutor Aruna Kamat Pai told the court that the FIR in the case was registered only last week and that the probe in the case was still on. The bench then said it would hear the petitions on August 18. "Wait for a week. We will hear the ..

Bombay HC judge Rohit Deo resigns, says can't work against self-respect

As justice Rohit Deo announced his resignation, he also encouraged lawyers to work hard and apologised for being strict with them on certain occasions

HC stays further proceedings against sugar factory run by NCP's Rohit Pawar

The Bombay High Court has stayed any further proceedings to be initiated on an FIR filed against Baramati Agro Ltd, a firm controlled by NCP MLA Rohit Pawar, on charges of alleged disobedience of order passed by a public servant. Rohit Pawar is the grandnephew of NCP chief Sharad Pawar and nephew of Maharashtra Deputy Chief Minister Ajit Pawar. The company's executive director, Subhash Gulave, had filed a petition in the HC, seeking to quash the FIR registered pursuant to a complaint lodged by BJP legislator Ram Shinde, who lost to Rohit Pawar in the 2019 assembly elections from Karjat-Jamkhed constituency. A division bench of Justices N W Sambre and R N Laddha in its order passed on July 21 said it would hear the plea on September 11. Till then further proceedings shall remain stayed, the court said. As per the plea, in September 2022, a decision was taken in the state cabinet meeting that the crushing season for 2022-23 would start on October 15 and appropriate criminal action w

One should behave responsibly while uploading WhatsApp status: Bombay HC

One should behave with a sense of responsibility while communicating something to others via their WhatsApp status, the Nagpur bench of the Bombay High Court has said while refusing to quash a case against a man for posting content allegedly spreading hatred against a religious group. A division bench of Justices Vinay Joshi and Valmiki SA Menezes in its order on July 12 said the purpose of WhatsApp status nowadays is to convey something to your contacts. People keep checking the WhatsApp status of their contacts often, it noted. The bench dismissed the petition filed by 27-year-old Kishor Landkar, seeking to quash the FIR lodged against him for offences under the Indian Penal Code for intentionally hurting or offending religious sentiment or faith, as well as provisions of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Information Technology Act. WhatsApp status can be a picture or video of what you are doing, thinking or something you have seen, .

Won't notify Fact Check Unit against fake news till Sept 4: Centre to HC

The three petitions sought the court to declare the amended Rules unconstitutional and direct the government to restrain from acting against any individual under the Rules

ED files fresh case against former Jet Airways promoter Naresh Goyal

The Enforcement Directorate has conducted eight searches so far in locations linked to Naresh Goyal after filing a fresh case where Canara Bank is the complainant