'Promotion Under Seniority-Cum-Merit Must Be Based On Seniority In Cadre, Not Date Of Initial Appointment': Bombay High Court

The Bombay High Court has held that where promotions are governed by the principle of “seniority-cum-merit”, seniority must be reckoned in the feeder cadre and not based on the date of initial appointment to service. The Court observed that once an employee satisfies the minimum eligibility and merit requirements prescribed for the promotional post, seniority in the immediate lower cadre becomes determinative, and the employer cannot revert to the date of entry into service to alter the...

“Return To India Or We Won't Hear Your Challenge Against FEO Act”: Bombay High Court To Vijay Mallya

The Bombay High Court on Thursday granted a last chance to former liquor baron Vijay Mallya to spell out when he plans to return to India so that his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that it had in a previous hearing it was made clear to Mallya to file an affidavit stating when he proposed to return to India and submit to the jurisdiction of the court....

Framing Of Issues Not Mandatory In Execution Of Foreign Decrees U/S 44A CPC: Bombay High Court

The Bombay High Court has held that while executing a decree passed by a foreign court in a reciprocating territory under Section 44A of the Code of Civil Procedure, 1908, it is not mandatory for the District Court to frame issues and direct the parties to lead evidence while examining whether the decree falls within any of the exceptions under clauses (a) to (f) of Section 13 CPC. The Court clarified that the inquiry contemplated under Section 44A(3) read with Section 13 is ordinarily summary...

'You've Surrendered Mumbai': Bombay High Court Slams BMC For Appeasing Encroachers; Warns Of Contempt

Wondering if the Brihanmumbai Municipal Corporation (BMC) officials were playing 'Tom & Jerry' with encroachers in the city's plush Hiranandani area in Powai, the Bombay High Court on Thursday questioned if the civic body has become 'powerless' and has 'surrendered' the city to encroachers as it appeared only to be protecting 'sentiments and religious rights.'For context, the bench was hearing a petition filed by one Beaumont HFSI Pre-primary School, alleging that numerous illegal and...

“Soon Even BMC Commissioner Will Have To Ride Horse To Work”: Bombay High Court Slams Civic Body Over Illegal Encroachments

While pulling up the Brihanmumbai Municipal Corporation (BMC) over its failure to act against illegal encroachers on public roads, theBombay High Court on Wednesday orally remarked that if such an approach of the civic body continues, then in the coming decade, people will switch to bicycles and horses and even the civic chief would ride a horse to reach his office. The sarcastic comment was...

"Clean Nagpur, Beautiful Nagpur" Only A Slogan, Reality Different: Bombay High Court Takes Cognisance Of Littered Streets Of Nagpur

While observing that despite publicity of the popular slogan 'Clean Nagpur, Beautiful Nagpur', the slogans remains only on the papers and the reality of the city can be seen on its streets, which are littered, the Bombay High Court recently took suo motu cognisance of the issue of 'cleanliness' in the city.A division bench of Justice Anil Kilor and Justice Raj Wakode took suo motu cognisance...

Passed Exam On 'Thoughts Of Mahatma Gandhi', Not Let Out During Covid-19: Bombay High Court Reduces POCSO Convict's Life Sentence To 12 Yrs

Upholding a man's conviction for subjecting a minor girl to oral sex, the Bombay High Court recently reduced his life sentence to 12 years after noting that while in jail, the man 'successfully' passed exams on 'thoughts of Mahatma Gandhi' besides other programmes and also the fact that he had no other antecedents. A division bench of Justice Sarang Kotwal and Justice Sandesh Patil reduced...

'Post Doesn't Mention PM Modi, Police Attributing Meanings To It & Criminalising Political Speech': Sangram Patil Tells Bombay High Court

In a development in the criminal proceedings initiated against YouTuber Dr Sangram Patil for allegedly posting 'obscene and defamatory' posts against Prime Minister Narendra Modi, the UK-based doctor has 'categorically' told the Bombay High Court that he has not made any post against the PM and that the Mumbai Police is only trying to 'criminalise' political speech.For context, Patil has...

'Trees Are A Poem Which Earth Writes Upon Sky': Bombay HC Says Officers Can Be Prosecuted For Illegal Tree Felling Under Maharashtra Trees Act

Emphasising the need to 'strictly' follow the laws protecting trees and observing that 'trees are a poem which the earth writes upon the sky', the Bombay High Court recently held that even an officer, who fails to adhere to the due procedure for permitting felling or cutting of trees, is liable to be prosecuted under the Maharashtra (Urban Areas) Protection and Preservation of Tress Act,...

'Mere Phone Call With Accused Does Not Connect Person To Crime': Bombay High Court Grants Bail To Co-Accused In Baba Siddiqui Murder Case

The Bombay High Court has held that mere telephonic contact with a co-accused, without any material indicating knowledge of or participation in the organised crime syndicate or the crime itself, is insufficient to prima facie connect an accused to the offence. The Court observed that at the stage of considering bail under the stringent provisions of the Maharashtra Control of Organised Crime...

Unmarried Women Entitled To Abortion Upto 24 Weeks, Ensure No One Has To Approach Court: Bombay High Court Orders Wide Circulation Of SC Order

The Bombay High Court recently ordered the Maharashtra Government to give wide publicity to the landmark judgment of the Supreme Court in X vs Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi to ensure that no woman, particularly an unmarried woman, is forced to continue with an 'unwanted' pregnancy.Notably, in the judgment quoted above, delivered by...

[s. 323 CrPC] Magistrate Cannot Commit Case To Sessions Court Merely Due To Higher Punishment, Must Record Reasons: Bombay High Court

The Bombay High Court has held that though a Magistrate is empowered under Section 323 of the Code of Criminal Procedure to commit a case to the Court of Sessions at any stage of the inquiry or trial, such power cannot be exercised mechanically or solely on the basis of the severe nature of the punishment prescribed for the offence. The Court held that the Magistrate must form an...