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 Bombay High Court

We Dont See Any Improvement: Bombay High Court Pulls Up BMC Over Garbage, Poor Hygiene Across Mumbai

Just because South Bombay and Worli are clean does not mean that the entire city of Mumbai is clean, remarked the Bombay High Court on Wednesday (October 7) while pulling up the Brihanmumbai Municipal Corporation (BMC) for not undertaking effective measures to maintain proper health and hygiene across all the 24 wards in the city. A division bench of Justice Girish Kulkarni and Justice Dr Neela Gokhale said that the problem of waste dumping on streets, open spaces has not stopped yet,...

Merely Running School Is Not Charitable Purpose: Bombay High Court Rejects Education Trusts Property-Tax Exemption Bid

The Bombay High Court has dismissed a petition filed by Jai Hind Sindhu Education Trust seeking exemption from property tax, holding that an educational institution must establish for every financial year that its buildings and lands are solely occupied and used for a public charitable purpose. The Court held that merely running an educational institution, or being a linguistic...

Bombay High Court Rejects Anticipatory Bail To Galaxy Hospital Licensee In Illegal Abortion Death Case

The Bombay High Court has held that a hospital licensee cannot disown an illegal abortion conducted by an unqualified person merely by claiming that he had not performed any “overt act”, while rejecting anticipatory bail to the licensee of Galaxy Hospital. The Court observed that the applicant, who had control and supervision over the hospital, was duty-bound to ensure that it was being run in compliance with statutory requirements and that qualified medical practitioners and nurses were...

Informing Accused In Prison About Plea To Extend Investigation Period Not Enough; Must Produce Them Before Court: Bombay High Court

Merely informing the undertrial prisoner through the Jail Superintendent about the prosecution having applied for extension of the 180-days period for completing the probe under stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act, and granting an opportunity to the accused person to file a written reply will not automatically equate with the accused person's production before...

Maharashtra Has Become Centre Of Maoist Urban Network: State Defends Special Public Security Act Before Bombay High Court

The Maharashtra Government while defending its decision to enact the Maharashtra Special Public Security Act (MSPSA), on Tuesday (October 6) told the Bombay High Court that because of its highest urban population, the State has become a 'centre' for Maoist urban network and thus in absence of legal framework to ban such 'left wing extremist' organisations, it has come up with this law as done...

Prescribing Diploma-Only Eligibility Criterion Not Illegal Merely Because Degree Holders Are Excluded: Bombay High Court

The Bombay High Court has held that prescribing a Diploma as an essential qualification for recruitment to the post of Junior Engineer is not illegal merely because candidates possessing only an Engineering Degree are excluded. The Court held that the employer is well-equipped to determine the desirable qualification for a particular post and that the Court cannot lay down conditions...

Extra Excavation Alone Does Not Justify Royalty On Soil Unless Its Use As Minor Mineral Is Shown: Bombay High Court

The Bombay High Court had held that extra excavation of soil/earth during construction, by itself, does not make the excavated material a minor mineral so as to attract royalty. The Court observed that royalty cannot be imposed unless it is positively demonstrated, or clear inferences can be drawn, that the excavated material was used for purposes specified in the relevant notification....