Page 6 - Bombay High Court

Mediclaim policy amount can't be deducted from medical compensation: HC

A sum received by a person under a mediclaim policy cannot be deducted from the compensation amount payable to the claimant for medical expenses under provisions of the Motor Vehicles Act, the Bombay High Court has said. The amount under a mediclaim policy is received in view of a contract entered into by the claimant with the insurance company, a full bench of Justices A S Chandurkar, Milind Jadhav and Gauri Godse said in its judgement on March 28. "In our view, the deduction of any amount received by a claimant under a Mediclaim policy would not be permissible," the bench ruled. The issue was referred to the full bench after various single and division benches had different views on the same. The full bench, while referring to judgments passed by the Supreme Court, said the Motor Accident Claims Tribunal was not only empowered but also duty-bound to award just compensation. It said the amount received on account of insurance is due to the contractual obligations entered into by

Spouse threatening or attempting suicide cruelty, ground for divorce: HC

A spouse threatening or attempting to commit suicide amounts to 'cruelty' and is a valid ground for divorce, the Bombay High Court has said. Justice R M Joshi of the high court's Aurangabad bench in the order last month upheld the decree passed by a family court dissolving a couple's marriage. The woman had moved the HC challenging the family court order. The man had alleged his wife threatened to send him and his family to jail by committing suicide. This amounts to cruelty under provisions of the Hindu Marriage Act, he said in the plea seeking divorce before the family court. The HC bench in its order said the evidence submitted by the husband and other witnesses before the family court more than sufficiently demonstrates that the husband's contention of cruelty is proved. The man has not only alleged that the wife used to threaten him and his family to send them to jail by committing suicide but, in fact, also once made an attempt to end her life, the court said. "Such an act

Bombay HC cuts life sentence of man convicted under Pocso, calls it 'harsh'

The Bombay High Court ruled that life imprisonment was too harsh and revised the sentence to 10 years of rigorous imprisonment

Disha Salian death: Aaditya Thackeray, celebs, cops named in complaint

Disha Salian's father has accused Aaditya Thackeray, celebs, and top cops of involvement in her death, filing a fresh complaint with Mumbai police seeking a probe

Yuzvendra Chahal-Dhanashree divorce fast-tracked as HC waives cooling-off

The Bombay High Court's order now allows Yuzvendra Chahal and Dhanashree Verma to proceed with their mutual consent divorce without further delay

Gautam Adani, brother Rajesh get court relief in Rs 388 cr cheating case

The case involves alleged breaches of market regulations amounting to Rs 388 crore, for which the Serious Fraud Investigation Office (SFIO) filed a chargesheet in 2012

HC discharges Gautam Adani, Rajesh Adani in market regulations case

When the offence of cheating itself is not made out, then even the charge of criminal conspiracy becomes unsustainable, it added

HC sends notices to Centre, 4 states for 'illegal' use of woman's picture

The Bombay High Court has deprecated the "commercial exploitation" and illegal use of a woman's photograph without her consent in government advertisements and issued notices to the Centre and four state governments. The woman, Namrata Ankush Kawale, in her plea said her picture taken by a photographer, an acquaintance, was uploaded on the website 'Shutterstock.com' without her consent and knowledge. The photo has since then been used unauthorisedly by the state governments of Maharashtra, Telangana, Karnataka and Odisha and the Union Ministry of Rural Development and some private entities on their websites, hoardings and other advertisements, she alleged. A division bench of Justices G S Kulkarni and Advait Sethna, in its order on March 10, said the issues raised in the plea were "quite serious, considering the contemporary times of an electronic era and social media". "Prima facie, it appears to be a commercial exploitation of the petitioner's photograph," the HC said. The bench

'GSTitis' hits donuts: Jairam Ramesh slams GST amid misclassification row

Jairam Ramesh labels the ongoing GST issue as 'GSTitis,' as Mad Over Donuts faces a Rs 100 crore tax notice for wrongly classifying donuts under GST laws

HC quashes complaint against Kailash Kher for hurting religious feelings

Intolerance and dissent from the orthodoxy have been a bane of Indian society, the Bombay High Court said, quoting author A G Noorani, while quashing a complaint against singer Kailash Kher for allegedly hurting religious sentiments with a song on Lord Shiva. A division bench of Justices Bharati Danger and S C Chandak said there was no deliberate or malicious intent on Kher's part, who had only sung the song Babam Bam', to hurt anyone's religious sentiments or feelings. A copy of the order of March 4 was made available on Thursday, The complaint was filed by one Narinder Makkar before a local court in Ludhiana seeking registration of a case against the singer under Indian Penal Code (IPC) sections 295A and 298, concerning outraging religious feelings with deliberate and malicious intent. The complainant claimed to be a Shiva worshiper and said Kher's song Babam Bam' on Lord Shiva depicted a vulgar video showing scantily dressed women and people kissing. The high court while quashi

SC judge expresses displeasure over 'illegal banner culture' in Maharashtra

Supreme Court Judge Justice Abhay Oka on Saturday expressed displeasure over the culture of illegal banners, and said the Bombay High Court had earlier mandated that prior authorisation was necessary to display them. Speaking at the inauguration of a magistrate court in Mira Bhayandar township in Maharashtra's Thane district, he also expressed annoyance over the "lack of discipline" at the event, and pulled up media representatives and some other attendees for jostling and pushing. On the occasion, Justice Oka urged the Maharashtra government to appoint more judges and provide infrastructure and modern technology in courts. He said on his way to the venue, he spotted several banners put up to welcome guests at the event. Although he was initially delighted to see them, he later realised that these banners were illegal, the SC judge said. "A Bombay High Court judgment mandates that no banners or hoardings should be displayed without prior authorisation. But none of these hoardings

SC stays Bombay HC order, allows Pune eatery to use 'Burger King' name

In India since 2014, Burger King Corp sued a Pune eatery for using its name since 2008, claiming brand harm and seeking a permanent injunction against its trademark use

Bombay HC permits Adani Group firm to cut mangroves for jetty project

The Bombay High Court on Wednesday permitted Adani Cementation Limited to cut 158 mangrove trees for its proposed jetty project along the Amba river in Maharashtra's Raigad district. A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre, however, emphasised the importance of balancing development with environmental conservation and directed the company to strictly adhere to the conditions imposed by regulatory authorities. While the project serves commercial interests, it must not lead to excessive depletion of natural resources, the HC said. The court said a balance needs to be struck between the necessity of the project, which aims at meeting the ever-increasing need for cement, and, at the same time, not compromising the ability of future generations to meet their own needs. It is necessary to ensure that the project results in minimum damage to the environment and natural resources, particularly when the entire planet is coping with the crisis of climate ...

Drug addiction a quasi pandemic; need strict compliance of rules: Bombay HC

Drug trafficking is a serious crime and drug addiction is a "quasi pandemic", the Bombay High Court has said, stressing the need for authorities to scrupulously follow the mandated rules while arresting a person and during recovery procedure. People dealing in drugs in the society need to be dealt with an iron fist but it cannot be at the cost of liberty of an individual, a single bench of Justice Milind Jadhav said in an order passed on Tuesday. The court made the remarks while granting bail to four persons arrested in 2023 for alleged possession of medicinal drugs under provisions of the Narcotics Drugs and Psychotropic Substances (NDPS) Act. The accused, while seeking bail, raised procedural irregularities by authorities when they were arrested and also while carrying out search of their residential premises. The bench in its order said the prosecuting agency has to strictly follow the procedure laid down in law during recovery procedure. "This is because the liberty of an accu

No recovery proceedings on donuts GST dispute, says Bombay High Court

The court also allowed the petitioner to seek a stay in case it receives any recovery notice from the revenue department

Bombay HC stays FIR against ex-Sebi chief Madhabi Puri Buch, others

The order was passed by a single bench of Justice Shivkumar Dige, who noted that the special court's order of March 1 was passed mechanically, without going into the details

Bombay High Court to hear Sebi plea in Cals Refineries case on March 4

The application by litigant Sapan Shrivastava alleged fraudulent listing of Cals Refineries on the stock exchange in connivance with the regulatory authorities

HC asks ACB not to act till Mar 4 on FIR order against ex-Sebi chief

The bench said it would hear the pleas on Tuesday (March 4) and orally added that until then, the state ACB, which was directed to probe the case, shall not act upon the special court order

Madhabi Buch, 3 Sebi directors move Bombay HC to quash FIR in fraud case

Bombay HC will hear Sebi and BSE officials' plea on March 4 against an FIR order in the 1994 Cals Refineries stock fraud case, which was issued just two days after Buch's tenure ended

Bombay HC directs Anil Ambani to approach RBI over Union Bank order

The Bombay High Court on Friday raised concerns over the "cut, copy, paste manner" in which banks pass orders declaring accounts as 'defaulter' or 'fraud', and asked industrialist Anil Ambani to approach the RBI against an order of the Union Bank of India declaring his loan account as 'fraud'. A division bench of Justices Revati Mohite Dere and Neela Gokhale was hearing a petition filed by Anil Ambani challenging the October 10, 2024 order passed by the Union Bank of India. He was not granted any hearing before the order was passed, he claimed, challenging two show-cause notices issued by the bank. He had also asked for copies of the documents on which the bank had relied before passing the order, but no documents were furnished, the petition claimed. During Friday's hearing, the court said it was repeatedly coming across cases where banks declare accounts as 'fraud' or 'willful defaulter' without following the guidelines laid down by the Reserve Bank of India. "There cannot be suc