Latest Bombay Hc updates from LegalRepublic.in.
Acting on a letter from jail, Justice Milind N. Jadhav released an accused held since June 2019, whose trial had made no progress for four years, holding that such custody violates the Article 21 right to a speedy trial and expressing no view on the merits.
Justice Pravin S. Patil upheld a Rs 14,77,950 award with 12 per cent interest against Confidence Petroleum India Ltd for the death of a driver employed by its Gondia distributor, holding that the premises exception in Section 12(4) of the Employees Compensation Act must be read broadly in a beneficial law.
Justice Abhay S. Waghwase dismissed the appeal of a retired medical officer against her conviction under Section 304 Part II IPC and the MTP Act, holding that a team autopsy opinion of post-abortal haemorrhage from a uterine perforation could not be discarded merely because no foetal or placental tissue was found.
Justice Aarti Sathe held that the NSE Appellate Arbitral Tribunal, which confirmed a 2019 award making the broker pay a client Rs 15,92,671 over trades placed on a software glitch, reproduced the submissions of both sides verbatim and answered none of eight live questions, a patent illegality under Section 34(2A) that a court cannot cure by supplying finding
Justice Amit Borkar appointed a retired judge as sole arbitrator over Nisus Finance claims of Rs 16.94 crore against the developers of the Treasure Palms project, holding that an arbitration clause covering any binding provision of a non-binding term sheet prima facie reaches the exclusivity undertaking and the connected Rs 1.62 crore advisory fee, while lea
Justice Pravin S. Patil dismissed petitions by both a Bhandara school management and its teacher against a 2012 School Tribunal order, holding that Pandurang Parate, appointed in 1996 on a clear vacancy to fill a Scheduled Tribe backlog at the insistence of the Education Officer, could not be removed under a non-statutory 1995 circular, while the denial of b
The Aurangabad Bench held that Maharashtra, which sat on university proposals to sanction posts for over a decade while directing yearly temporary appointments, must treat the posts as deemed approved, regularise the teaching and non-teaching staff of the Ghansawangi and Hingoli Model Colleges, and pay arrears for three years before the petitions were filed.
A division bench found the last-seen witnesses unreliable, the ransom-call recording unproved, the recovery of the body tainted by a stock panch and the fathers prior disclosure of the spot, and the SIM evidence bare of call records or a Section 65B certificate, and acquitted Manishprasad Gaud of murder, kidnapping and destroying evidence.
Justices M.S. Karnik and Sandesh D. Patil revived a GST appeal dismissed as time-barred, holding that Section 107(1) runs from communication of the order, not from an upload to the Additional Notices and Orders section.
Justice Ranjitsinha Raja Bhonsale upheld the discharge of two directors from a trespass case, holding that criminal and house trespass need the offender at the spot and that common intention must be pleaded, not presumed.
Justice Ranjitsinha Raja Bhonsale quashed theft and wrongful restraint cases brought against members and staff of a Navi Mumbai society, holding both were offshoots of a civil dispute over maintenance and encroachment.
Justice Arun R. Pednekar upheld the eviction of State Bank of India from its Vile Parle staff quarters, holding that paying rent to the landowner for decades worked an implied surrender up an unregistered chain of sub-leases.
Justice Milind N. Jadhav granted bail to a 29-year-old after appointing a legal aid lawyer for the 16-year-old girl, relying on her own statement while noting she said money may have changed hands between her relatives and the accused.
Justices Kishore C. Sant and Abasaheb D. Shinde dismissed review applications by junior engineers appointed from a wait list, holding that a seniority grievance already answered cannot be reargued as an error on the face of the record.
Justices B.P. Colabawalla and Farhan P. Dubash quashed two refusals of approval under Section 10(23C)(via), holding that a surplus does not by itself show a profit purpose and that penalising a hospital for improving its equipment inverts the test.
Justice Arif S. Doctor dismissed an ex-employee application to recall an ex parte order and imposed costs of 5 lakh rupees, holding that a grievance about the execution of a commission belongs in court, not in a police station.
Justice Milind N. Jadhav released two brothers on bail in a 2021 murder case, holding that the ignominy of a trial that will not conclude in the foreseeable future is itself a ground, without any opinion on the merits.
Justice Sandeep V. Marne confirmed the basement purchaser's membership but confined it to the 59.02 square metres sanctioned as storage, to be treated as residential for redevelopment, and refused a stay.
Justice Amit Borkar declined to decide a Section 11 application either way, holding that an authoritative answer is better than another judgment which may itself lead to another reference.
Justices Suman Shyam and Gautam A. Ankhad dismissed nineteen petitions against eviction notices, declining to extend to Section 95A a jurisdictional bar laid down for Section 79-A.
Justice Milind N. Jadhav granted bail on the ground of long incarceration alone, recording that the ignominy of a trial not commencing in the near foreseeable future was apparent.
