"Can't Hold Him" Indefinitely: Bombay High Court Asks UK-Based Doctor Booked For Posts On PM Modi To Assure Cooperation If Allowed To Fly Back

The Bombay High Court on Wednesday (April 15) ordered UK-based Doctor and YouTuber Dr Sangram Patil to file an undertaking spelling out that he will co-operate with the ongoing investigations against him for posting a 'defamatory' post on social media against Prime Minister Narendra Modi and other BJP leaders. Single-judge Justice Ashwin Bhobe asked Patil to file an undertaking specifying that he will return to India, as and when, required by the Investigating Officer (IO) for further probe in...

[Tenancy Act] Landlord's Right To Terminate Tenancy For 'Bona Fide Personal Cultivation' Extinguishes Upon Sale Of Land: Bombay High Court

The Bombay High Court has held that a landlord's inherited right to terminate tenancy for bona fide personal cultivation extinguishes upon the sale of the land. The Court observed that once the land is sold, the requirement of personal cultivation ceases to exist, defeating the basis of such a claim. Justice Somasekhar Sundaresan was hearing writ petitions challenging a Maharashtra Revenue Tribunal order that had reversed the Collector's decision granting the petitioners entitlement to the...

'Eviction Proceedings Cannot Be Continued Against Tenant Who Has Become Co-Owner Of Property': Bombay High Court

The Bombay High Court has held that eviction proceedings cannot be continued against a tenant who has subsequently become a co-owner of the property. The Court observed that once a tenant acquires ownership rights in the premises, even to the extent of a share, his status changes and eviction proceedings cannot be pursued against him.Justice Rajesh S. Patil was hearing a civil...

1993 Bombay Blasts Case: High Court Dismisses Abu Salem's Plea Seeking Premature Release

The Bombay High Court today rejected the plea filed by underworld gangster and one of the prime convicts in the 1993 Mumbai bomb blasts case, Abu Salem, who sought premature release arguing that he has already completed 25 years of imprisonment after counting the remissions and thus as per the treaty signed between the then Indian and the Portugal governments, he must now be released.A division bench of Justice Ajay Gadkari and Justice Kamal Khata pronounced the order in open court. "It would be...

Absence Of Vishaka-Style Formal Complaint Committee Not Enough To Vitiate Sexual Misconduct Inquiry If Procedure Was Fair: Bombay High Court

The Bombay High Court has held that mere absence of a Complaints Committee in the exact form contemplated under the Vishaka guidelines does not by itself vitiate a domestic inquiry into allegations of sexual misconduct. The Court observed that the validity of such an inquiry depends on whether a fair procedure was followed and whether any real prejudice was caused to the employee.Justice...

Long Incarceration Alone Not Ground For Bail Once Trial Has Commenced And Is Progressing: Bombay High Court

The Bombay High Court has held that long incarceration alone does not entitle an accused to bail where the trial has already commenced and is in progress. The Court observed that precedents granting bail on the ground of delay are distinguishable where trial had not commenced, unlike the present case.Justice Y. G. Khobragade was hearing an appeal challenging the rejection of bail by the...

Trade Union Cannot Invoke Recovery U/S 50 MRTU & PULP Act Without Written Authorisation From Employees: Bombay High Court

The Bombay High Court has held that a trade union cannot independently invoke Section 50 of the MRTU & PULP (Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, 1971) Act for the recovery of money without written authorisation from employees. The Court observed that the statutory scheme restricts the right of recovery to the employee or a person...

Illegal Bank Account Attachment Violates Right To Property Under Article 300A; Bombay High Court Imposes ₹25K Costs On Officer

The Bombay High Court has held that continued attachment of a bank account without complying with statutory requirements violates the right to property under Article 300A of the Constitution. The Court observed that such coercive action, taken in breach of mandatory legal safeguards, results in serious civil consequences and cannot be sustained.A division bench of Justices G. S. Kulkarni...

'Delegation Of Refund Power To Adjudicating Officer Not Contrary To Scheme Of RERA Act': Bombay High Court

The Bombay High Court has held that the delegation of the power to direct refund to an Adjudicating Officer is not contrary to the scheme of the Real Estate (Regulation and Development) Act, 2016. The Court observed that while adjudication of compensation is exclusively within the domain of the Adjudicating Officer, other powers of the Authority, including directing a refund, can be...

Metro Corporation Office Not 'Prohibited Place', Recording Office Calls Not 'Spying' Under Official Secrets Act: Bombay High Court

The Bombay High Court has said that recording a conference call between two officials of Maharashtra Metro Corporation Limited (MMCL) and then sharing the same with another official would not amount to 'spying' under Official Secrets Act (OSA) as the office of the MMCL would not amount to 'prohibited place' under the Act.The court however said that it would amount to unethical conduct by...

Bombay High Court Dismisses Election Petition Challenging MLA's Election Over Alleged EVM-VVPAT Discrepancies

The Bombay High Court has held that an election petition alleging discrepancies between EVM data and VVPAT slips is liable to be dismissed where it does not disclose material facts constituting a complete cause of action. The Court observed that mere assertions of discrepancies without pleading how such discrepancies materially affected the election result are insufficient under the...

Bye-Election Cannot Be Held If Remaining Assembly Term Falls Below One Year: Bombay HC Quashes ECI Notification For Ponda Bye-Election

The Bombay High Court has quashed the notification for the Ponda bye-election, observing that the expression “remainder of the term” under clause (a) of the proviso to Section 151-A of the Representation of the People Act must be reckoned from the date of declaration of the result of the bye-election. The Court observed that if the remaining tenure from such date is less than one year,...