Page 20 - Bombay High Court

CBI issues release order for ex-minister Anil Deshmukh in corruption case

A special CBI court here on Wednesday issued the release order of former Maharashtra home minister Anil Deshmukh who has been granted bail by the Bombay High Court in a corruption case. A vacation bench of the high court had on Tuesday rejected the Central Bureau of Investigation's plea seeking another extension on the stay to Deshmukh's bail order, thus paving the way for his release. On Wednesday, special judge for CBI cases S M Menjoge issued a release memo after the completion of bail formalities. Deshmukh was likely to walk out of the Arthur Road jail here where he was in judicial custody by Wednesday evening, his lawyers said. Justice M S Karnik had granted bail to the Nationalist Congress Party (NCP) leader on December 12, but stayed the order for ten days as the CBI sought time to challenge it in the Supreme Court. The probe agency moved the apex court but the appeal would be heard only in January 2023 as the court is closed for vacation. Last week, the high court had ext

Bombay HC refuses to extend stay on ex-Maha minister Anil Deshmukh's bail

Former Maharashtra home minister Anil Deshmukh is likely to walk out of jail on Wednesday as the Bombay High Court has refused to extend its stay on an order granting him bail in a corruption case registered by the Central Bureau of Investigation (CBI). He has been in jail since November 2021 after the Enforcement Directorate (ED) arrested him in an alleged money laundering case. Deshmukh, 73, who has denied the allegations levelled against him, is in judicial custody at the Arthur Road Jail in Mumbai. Justice M S Karnik had granted bail to the Nationalist Congress Party (NCP) leader on December 12, but stayed the order for 10 days as the CBI sought time to challenge it in the Supreme Court. The probe agency moved the apex court but the appeal would be heard only in January 2023 as the court is closed for vacation. Last week, the high court had extended the stay till December 27 on the CBI's request. On Tuesday, the central agency sought another extension. Deshmukh's lawyers Ani

HC rejects ex-ICICI CEO Chanda Kochhar, husband's early hearing plea

Former ICICI Bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar on Tuesday approached the Bombay High Court, calling their arrest by the Central Bureau of Investigation in a loan fraud case illegal. The court, however, refused to grant urgent hearing and directed the Kochhars to mention the matter before the regular bench once it resumes after vacation. A lawyer representing the Kocchars said that no prior sanction, as required under the law, was obtained by the CBI before their arrest. The probe agency arrested the Kochhars on Friday night after questioning them briefly. It alleged that they were evasive in their responses and did not cooperate in the investigation. The CBI had named the Kochhars and Venugopal Dhoot, chairman of the Videocon Group, along with Nupower Renewables (NRL) managed by Deepak Kochhar, Supreme Energy Private Ltd (SEPL), Videocon International Electronics Ltd. (VIEL) and Videocon Industries Limited, in its FIR registered in 2019 under IPC section

ICICI Videocon case: HC denies interim relief to Chanda Kochhar, husband

The petition by the Kochhars came up before a vacation bench of Justice Madhav Jamdar and Justice S. G. Chapalgaonkar but they declined to grant an urgent hearing in the matter

Bombay HC issues notice to minister Abdul Sattar over land dispute order

The Bombay High Court has issued a notice to Maharashtra minister Abdul Sattar for ordering 'regularisation' of the possession of land reserved for public 'gairan' (grazing) in favour of a private person in the face of a civil court order. There shall be an interim stay to the effect and operation of the order passed on June 17, 2022 by Sattar until further orders, the HC's Nagpur bench said while issuing the notice on December 22. The details were available on Saturday. The bench was hearing a petition filed by social activist Shyam Deole and another person against the order Sattar had passed in June 2022 when he was the revenue minister. As per the petition, a public utility land meant for grazing measuring 37 acres was 'regularised' in favour of a private person. This was done even after the claim of this private person had been rejected by the civil appellate court, said the petitioner who was represented by advocate Sunil Manohar. The HC held that prima facie (on the face of

Antilia bomb case: Bombay HC grants bail to Mumbai cop Riyazuddin Kazi

The Bombay High Court granted bail to suspended Assistant Police Inspector Riyazuddin Kazi who is currently lodged in jail in connection with the Antilia bomb scare case

CBI moves SC challenging Bombay HC order granting bail to Anil Deshmukh

The CBI has approached the Supreme Court challenging the Bombay High Court order granting bail to former Maharashtra home minister Anil Deshmukh in a corruption case. The high court had on December 12 granted bail to the 73-year-old Nationalist Congress Party (NCP) leader in the case but said the order will be effective after 10 days, as the Central Bureau of Investigation had sought time to challenge it in the apex court. The high court had said except for dismissed police officer Sachin Waze's statement none recorded by the CBI indicated money was extorted from bar owners in Mumbai at the behest of the politician. In its plea filed in the top court, the probe agency has claimed the high court "committed grave error" while granting bail to Deshmukh irrespective of the serious objections raised by the CBI both on the merits of the case as well as the effect his bail will have on the continuing investigation. "The high court failed to appreciate that the economic offences are requi

Maha ex-minister Anil Deshmukh gets bail in corruption case after 13 months

The Bombay High Court is likely to pass an order on Monday on the bail plea of former Maharashtra home minister Anil Deshmukh in a corruption case being probed by the Central Bureau of Investigation (CBI). A single bench of Justice M S Karnik had reserved the order on the plea last week after both sides completed their arguments. Deshmukh, 74, approached the HC after a special CBI court rejected his bail plea last month. He sought bail on medical grounds as well as on merits. The Nationalist Congress Party (NCP) leader has been in jail since November last year after he was arrested by the Enforcement Directorate (ED) in a money laundering case. In April this year, he was arrested by the CBI in the corruption case. He is in judicial custody and lodged at the Arthur Road prison in Mumbai. Deshmukh was granted bail by the high court last month in the ED case. His bail plea in the corruption case was, however, rejected by the special CBI court noting there was prima facie evidence a

'Mumbai civic body responsible for untoward incident due to open manholes'

The Bombay High Court on Wednesday said while it appreciates the work being done by the city's civic body to cover open manholes, but until then if there is any untoward incident, then the corporation would be held responsible. A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja said it was concerned over the issue of open manholes across the city and sought the Brihanmumbai Municipal Corporation (BMC) to come up with a permanent solution. The bench was hearing a bunch of petitions raising concerns over the increasing number of potholes across Maharashtra and also open manholes. BMC's counsel Anil Sakhare told the court on Wednesday that the civic body was addressing the issue of open manholes on a "war-footing basis" and work was on to close all such manholes. The bench then said while the corporation's efforts are appreciated but if till then there was any untoward incident, then the BMC would be held responsible. "Good you (BMC) are working but till then if

Bombay HC terms open manholes as death traps, directs BMC to cover them

The Bombay High Court on Tuesday took serious note of open manholes in the city terming them as "death traps", and directed the Brihanmumbai Municipal Corporation (BMC) to cover these up immediately. A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing petitions raising concerns over potholes on city roads causing accidents. On Tuesday, advocate Ruju Thakker, representing one of the petitioners, pointed out that there were around 300 open manholes on the service road of the Eastern Express Highway Though several complaints had been lodged with the authorities, not a single manhole has been covered, she claimed. The bench then asked the BMC's counsel Anil Sakhare to verify if this was true. The court said it wants all the open manholes covered by November 28 and directed the civic body to submit a compliance report on December 1. Thakker further cited a recent incident where a woman fell into an open manhole at Vasai and died. Advocate Swati Sagwek

Bombay HC orders testing of J&J baby powder, allows firm to manufacture

The Bombay High Court on Wednesday ordered for fresh testing of Johnson & Johnson baby powder samples and permitted the company to manufacture the product but to not sell it, as per the Maharashtra government order. The company had filed a petition challenging two orders of the state government- one dated September 15 cancelling the license and the second dated September 20 ordering to immediately stop manufacturing and sale of the company's baby powder product. The orders were passed by the joint commissioner and licensing authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found the powder containing higher pH level than prescribed. A division bench of Justices S V Gangapurwala and S G Dige on Wednesday directed the FDA to collect fresh samples from the company's factory in Mulund area of Mumbai within three days. The sample would then be sent to three laboratories - two ...

Extortion case: Bombay HC grants pre-arrest bail to DCP Saurabh Tripathi

The Bombay High Court on Tuesday granted pre-arrest bail to suspended Deputy Commissioner of Police (DCP) Saurabh Tripathi in the angadiya (traditional couriers) extortion case. A single-judge bench of Justice Bharati Dangre noted that Tripathi had cooperated with the investigation and charge sheet in the case already filed by the police. Tripathi had approached the high court after a sessions court rejected his anticipatory bail plea. The LT Marg police, in south Mumbai, on February 19 registered an FIR in connection with the extortion case, in which four policemen, including Tripathi, an IPS officer of the 2010 batch, were named as accused. An inspector, an assistant inspector and a sub-inspector attached to LT Marg police station were arrested in the case. They are out on bail now. A complaint filed last December by the Angadiya Association in south Mumbai alleged that Tripathi demanded Rs 10 lakh per month from them as a bribe to allow them to run their business ...

HC issues notice to Bar Council of India on PIL against court vacations

The Bombay High Court on Tuesday issued a notice to the Bar Council of India (BCI) seeking its response on a plea challenging the practice of courts taking long vacations, thereby affecting hearing of cases. A bench of Justices SV Gangapurwala and SG Dige noted that the expectation of the litigant was legitimate, but added a shortage of judges was also an issue that needed to be addressed. "From where do you get judges to constitute benches? Expectation of the litigant is legitimate and we understand, and the predicament too, but what can we do", the court said. The bench was hearing a public interest litigation filed by one Sabina Lakdawala challenging the vacations being taken by the High Court claiming the practice is in violation of the fundamental rights of litigants whose rights to seek justice gets affected. The bench noted that the views of the BCI on the plea was relevant. The high court breaks for vacations three times every year - summer vacation (one month), Diwali ...

Bombay HC: Prima facie removal of Kochhar as ICICI Bank CEO valid

In the order the Judge said that the bank was justified in revoking acceptance of early retirement of Kochhar as they had accepted it without having complete knowledge of the facts

SC upholds Bombay HC order quashing property tax opposed by developers

Real estate developers say they paid exorbitant amounts to municipality as Land Under Construction Tax

HC issues notice to Maharashtra GST dept for arrest over circular trading

Petition says arrest made despite a CBIC circular saying that no tax liability is there in circular trading

Supreme Court dismisses former judge's plea to rename Bombay High Court

The Supreme Court on Thursday turned down a plea seeking directions to change the name of Bombay High Court to Maharashtra High Court. A bench of Justices Aniruddha Bose and Vikram Nath dismissed the petition filed by a former judge. "These are issues for law makers to decide. What fundamental right is prejudiced for you to bring it here?", the bench said. The plea filed by Thane-based V P Patil, who had served as a judge for 26 years, has also sought a direction to the authorities to take effective steps for implementation of a clause of the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960 for conservation and preservation of distinct culture, heritage and traditions of the people of Maharashtra. Patil said authorities concerned in other states should also be directed to change the names of their high courts as per the name of the states where they are located. It said that the assertion of the word 'Maharashtra' denotes special significance in the life

Baby powder case: Bombay HC asks Maharashtra to give report to J&J

The Bombay High Court has directed the Maharashtra government to hand over to Johnson & Johnson Pvt Ltd a report of the Central Drug Laboratory, Kolkata, based on which the state had cancelled the company's cosmetic manufacturing licence for its Mulund facility for its baby powder. A vacation bench of Justices N J Jamadar and Sharmila Deshmukh passed the decision on Wednesday while hearing a petition filed by the company challenging two orders of the state government - one dated September 15 cancelling the license and the second dated September 20 ordering to immediately stop manufacturing and sale of the company's baby powder product. The orders were passed by the Joint Commissioner and Licensing Authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory, which found the powder containing higher pH level than prescribed. The company challenged the orders first before the Maharashtra Minister for Food and

Married woman asked to do household work for family not cruelty, says HC

If a married woman is asked to do household work for the family, the same cannot be equated to the work of a maid servant and would not amount to cruelty, the Aurangabad bench of the Bombay High Court said while quashing a case lodged by a woman against her estranged husband and his parents for domestic violence and cruelty. A division bench of Justices Vibha Kankanwadi and Rajesh Patil, on October 21, quashed the First Information Report lodged against the man and his parents. The woman, in her complaint, had alleged she was was treated properly for a month after marriage, but thereafter, they began treating her like a maid servant. She also claimed her husband and his parents, a month after the marriage, started demanding Rs 4 lakh to buy a four-wheeler. In her complaint, the woman said she was then subjected to mental and physical harassment by her husband over this demand. The HC, in its order, noted the woman had merely stated she was harassed but had not specified any such ac

Anil Deshmukh moves Bombay High Court for bail in Rs 100 cr extortion case

Former Maharashtra Home Minister Anil Deshmukh on Wednesday moved the Bombay High Court in connection with the Rs 100 crore extortion case filed by the Central Bureau of Investigation case.This comes days after a special CBI court rejected Deshmukh's bail plea on October 21.The hearing on the NCP leader's bail plea will take place on November 11.Earlier, rejecting the bail application of Anil Deshmukh, the CBI court said that in this case, the statement of public witness Sachin Waze has been recorded by the CBI during the hearing of the bail application.He had been accused of asking policemen to collect Rs 100 crores illegally for him every month from bar owners in Mumbai."It is clear from the statements of the witnesses that Anil Deshmukh is the main conspirator in this whole case. The charges against him are very serious. In such a situation, if he is granted bail, he can influence the case and the witnesses," the CBI court said."Whatever medical facilities Anil Deshmukh needs is ...