Bombay High Court Weekly Round-Up: March 31 – April 06, 2025

Update: 2025-04-07 08:45 GMT
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2025 LiveLaw (Bom) 122 to 2025 LiveLaw (Bom) 134Nominal Index:Dabur India Ltd vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 122Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra, 2025 LiveLaw (Bom) 123Yash Charitable Trust vs. State Of Maharashtra, 2025 LiveLaw (Bom) 124Lakhani's Blue Waves Co-operative Housing Society Ltd vs The Chairman, CIDCO, 2025 LiveLaw...

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2025 LiveLaw (Bom) 122 to 2025 LiveLaw (Bom) 134

Nominal Index:

Dabur India Ltd vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 122

Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra, 2025 LiveLaw (Bom) 123

Yash Charitable Trust vs. State Of Maharashtra, 2025 LiveLaw (Bom) 124

Lakhani's Blue Waves Co-operative Housing Society Ltd vs The Chairman, CIDCO, 2025 LiveLaw (Bom) 125

Nathibai Damodar Thackersey Women's University Law School vs. State Of Maharashtra & Ors, 2025 LiveLaw (Bom) 126

Ambit Urbanspace Versus Poddar Apartment Co-operative Housing Society Limited & Ors, 2025 LiveLaw (Bom) 127

Shahbaz Mumtaz Khan vs. Indian Oil Corporation Limited & Ors., 2025 LiveLaw (Bom) 128

ST vs Commissioner, Municipal Corporation, 2025 LiveLaw (Bom) 129

Anil Ambani vs Deputy Director of Income Tax, 2025 LiveLaw (Bom) 130

Rohan Vishwas Kulkarni vs. State of Maharashtra & Anr., 2025 LiveLaw (Bom) 131

Santanu Sengupta & Ors. Versus Macrotech Developers Ltd., 2025 LiveLaw (Bom) 132

Samarth Constructions vs Pushpa Mate, 2025 LiveLaw (Bom) 133

Urban Infrastructure Real Estate Fund Versus Neelkanth Realty Private Ltd. & Ors., 2025 LiveLaw (Bom) 134

Judgments/Final Orders:

Dabur Undertakes Before Bombay High Court To Discontinue Anti-Inflammatory, Anti-Bacterial Labels On Toothpaste

Case title: Dabur India Ltd vs. State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 122

Dabur India Ltd submitted an affidavit before the Bombay High Court that it would no longer use 'anti-inflammatory', 'anti-bacterial' and 'analgesic' on its toothpastes, in view of an order by the Commissioner, Food and Drug Administration, Government of Maharashtra.

A division bench of Justice G. S. Kulkarni and Justice Advait M. Sethna accepted Dabur's statement that it would remove the said labels. It stated that with effect from June 2025, the product ought not to be manufactured or sold with the said labels either on the box or on the products.

'Concept Of 24x7 Convenience Shops Popular Worldwide': Bombay High Court Permits Retail Store In Pune To Operate For 24 Hrs

Case Title: Accelerate Productx Ventures Pvt. Ltd. vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 123

While observing that the concept of '24x7' shops have become a popular one worldwide, the Bombay High Court permitted a convenience retail store in Pune to operate 24x7. The bench noted that State while recognising such advantages and to achieve progress commensurate with the global standards, has not imposed any kind of restrictions on the timings of such stores.

State Rules Under Rights Of Persons With Disabilities Act Have Been Framed: State Govt Tells Bombay HC

Case title: Yash Charitable Trust vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 124

The Bombay High Court has disposed of a Public Interest Litigation (PIL) seeking the enactment of State Rules under the Rights of Persons with Disabilities Act, 2016. During the hearing, the State counsel submitted that the Maharashtra State Rights Of Persons With Disability Rules, 2024, were framed by the State government by exercising power under Section 101 of the 2016 Act. 

No Fundamental Right To Be Cremated Or Buried At A Specific Site, Authorities Will Decide Where To Cremate Or Bury A Citizen: Bombay High Court

Case Title: Lakhani's Blue Waves Co-operative Housing Society Ltd vs The Chairman, CIDCO

Citation: 2025 LiveLaw (Bom) 125

In a significant ruling, the Bombay High Court recently held that the citizens do not have a fundamental right to be cremated or buried at a specific place.

A division bench of Justices Ajay Gadkari and Kamal Khata ordered the City and Industrial Development Corporation (CIDCO) to remove a crematorium constructed nearby residential societies, shops, a school and a playground on a few plots in sector 9 of Navi Mumbai's Ulwe area.

Bar Council Of India Has Power To Inspect Law Schools: Bombay High Court Rejects Challenge To Rules Of Legal Education

Case title: Nathibai Damodar Thackersey Women's University Law School vs. State Of Maharashtra & Ors

Citation: 2025 LiveLaw (Bom) 126

In a challenge to an inspection notice issued by the Bar Council of India (BCI), the Bombay High Court has held that the notice is valid and that the Rules of Legal Education 2008 framed by the BCI under which it can inspect law colleges is not ultra vires.

A division bench of Chief Justice Alok Aradhe and Justice MS Karnik observed that the Rules under which the BCI is empowered to inspect law colleges does not violate Article 14 and Article 19(1)(g) of the Constitution and noted that the impugned notice was neither arbitrary nor illegal.

Tenants Occupying Premises Which Fall Under Development Agreement Cannot Be Evicted U/S 9 Of Arbitration Act: Bombay High Court

Case Title: Ambit Urbanspace Versus Poddar Apartment Co-operative Housing Society Limited & Ors

Citation: 2025 LiveLaw (Bom) 127

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that Eviction of tenants governed by the Rent Control Act cannot be sought under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), particularly when they are not parties to the Development Agreement executed between the Developer and the Landlords and are not being provided upgraded premises in the redeveloped building compared to what they currently occupy under the tenancy agreements.

Tender Condition Preferring Candidate Younger In Age In Event Of Tie 'Discriminatory & Irrational': Bombay High Court

Case title: Shahbaz Mumtaz Khan vs. Indian Oil Corporation Limited & Ors.

Citation: 2025 LiveLaw (Bom) 128

The Bombay High Court has observed that a tender prescribing a condition that a younger candidate would be preferred over an older candidate in case of a tie-breaker is discriminatory and arbitrary under Article 14 of the Constitution.

Father Being Addicted To Vices Is No Ground For Mother To Claim Right To Be Single Parent, Mask Child's Paternity In Birth Records: Bombay HC

Case Title: ST vs Commissioner, Municipal Corporation

Citation: 2025 LiveLaw (Bom) 129

Even if a father has not seen the face of the child since its birth and is addicted to vices, does not give a right to the mother to become a single parent and mask the paternity of the child in its birth record, the Aurangabad bench of the Bombay High Court held recently.

A division bench of Justices Mangesh Patil and Yanshivraj Khobragade said parents embroiled in matrimonial disputes, cannot claim right over the child's birth record, just to 'satisfy their egos.' The bench therefore, imposed a cost of Rs 5,000 on a woman, who sought to remove her husband's name from their child's birth records.

Bombay High Court Slaps ₹25K Costs On Industrialist Anil Ambani For Seeking 'Urgent Hearing' In Tax Case

Case Title: Anil Ambani vs Deputy Director of Income Tax

Citation: 2025 LiveLaw (Bom) 130

In a setback for industrialist Anil Ambani, the Bombay High Court recently imposed a cost of Rs 25,000 on him for seeking an urgent hearing of his petition challenging the April 2022 notice issued to him by the Income Tax Department.

A division bench of Justices Mahesh Sonak and Jitendra Jain said it cannot consider the 'artificial urgency' made up by Ambani, who urged the judges to urgently hear his challenge to the show cause notice issued to him by the IT Department, way back in April 2022.

'Black Magic Act Excludes Legitimate Religious Practices': Bombay HC Upholds Discharge Of Swami Accused Of Propagating Black Magic

Case title: Rohan Vishwas Kulkarni vs. State of Maharashtra & Anr.

Citation: 2025 LiveLaw (Bom) 131

While upholding the discharge of an accused under the Maharashtra Black Magic Act, the Bombay High Court observed that the object of the Act is to curb harmful practices such as human sacrifice or fraudulent rituals and not legitimate religious practices.

Bombay High Court Directs Developer Of Lodha Worli Towers To Collect Maintenance At Rate Agreed Upon Between Parties Until Arbitral Proceedings Are Completed

Case Title: Santanu Sengupta & Ors. Versus Macrotech Developers Ltd.

Citation: 2025 LiveLaw (Bom) 132

The Bombay High Court bench of Justice Somasekhar Sundaresan the developer of Lodha World Towers in a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) has been directed to charge the Federation Common Area Maintenance (FCAM) Charges at the rate agreed upon in the agreement executed between the parties, until the arbitral proceedings are completed.

Consumer Protection Act | 'Law Must Ensure That Unwary & Untrained Consumers Are Not Deprived Of Their Legal Rights': Bombay High Court

Case Title: Samarth Constructions vs Pushpa Mate

Citation: 2025 LiveLaw (Bom) 133

In a significant ruling, the Bombay High Court on Friday emphasized on the purpose of Consumer Protection Act stating that the intent and framework of the legislation is to ensure that the "untrained, unwary" consumers are not deprived of their legal rights because of the 'unequal' bargaining power.

Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

Case Title: Urban Infrastructure Real Estate Fund Versus Neelkanth Realty Private Ltd. & Ors.

Citation: 2025 LiveLaw (Bom) 134

The Bombay High Court bench of Chief Justice Alok Aradhe and Justice M.S. Karnik has held that an arbitrator is not permitted to decide the issue of limitation as a preliminary issue without first recording a finding as to whether it is a mixed question of law and fact that requires evidence to be led.

Other Orders/Observations:

Unauthorised Use Of Woman's Photos | Photgrapher Prima Facie Guilty Of Breaching Her Privacy, Not Parties Who Used Photos To Advertise: Bombay HC

While hearing the plea of a woman, who has accused Maharashtra and Telangana governments, Congress Party and other political parties' of 'unauthorisedly' using her photographs in advertising their different schemes, the Bombay High Court on Tuesday prima facie held that these parties or the governments are not at fault and instead, the 'blunder' is done by the photographer, who clicked the woman's photos and uploaded it on US-based platform 'Shutterstock' without her prior permission.

Removed All Bollards From Entrance Of Footpaths: BMC Tells Bombay HC In Suo Motu PIL On Footpath Access For Differently Abled Persons

In relation to a suo motu PIL concerning the inaccessibility of footpaths to differently abled persons in Mumbai owing to bollards, the Bombay Municipal Corporation (BMC) informed the High Court that it has removed all bollards from the entrance of footpaths.

'Show Some Urgency': Bombay High Court To Centre, State In 1993 Bomb Blasts Convict Abu Salem's Plea For Premature Release

The Bombay High Court expressed displeasure at the Central and State governments for stalling the petition filed by gangster Abu Salem–one of the prime convicts in the 1993 Mumbai bomb blasts case–seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the case.

Plastic Flowers Not Prohibited Item: Central Govt Tells Bombay High Court In Plea To Ban Plastic Flowers

In a plea seeking a ban on plastic flowers in Maharashtra, the Central Government told the Bombay High Court that there is no restriction on the usage of plastic flowers and that they are not prohibited as single use plastic items.

Bombay High Court Directs State To Explain Steps Taken To Revive Functioning Of Homes For Mentally Challenged Children

In a petition concerning the situation of Homes for Mentally Challenged Children in Maharashtra, the Bombay High Court directed the State government to file a detailed affidavit indicating the number of such Homes in the State and the steps taken to revive the functions of such homes among other things.

Anand Teltumbde's Activities Threaten India's Sovereignty; Must Not Be Permitted To Go Abroad, Can Give Lectures Virtually: NIA To Bombay HC

The National Investigation Agency (NIA) on Thursday told the Bombay High Court that Dalit rights' activist Dr Anand Teltumbde is an active member of the Communist Party of India (Maoist) (CPI-M), and is allegedly involved in activities that pose a 'threat' to the 'sovereignty, security and integrity' of India and thus he should not be permitted to travel to Amsterdam and the United Kingdom to attend academic assignments.

Booked In Section 498A Case, Actor Hansika Motwani Moves Bombay High Court For Quashing FIR

The Bombay High Court on Thursday issued notice on a petition filed by actor Hansika Motwani and her mother Jyoti Motwani, by which the duo have sought to quash the First Information Report (FIR) lodged against them on charges of cruelty under section section 498-A, at the behest of her sister-in-law Muskan James.

Society Owes Healthy Environment To Children, Won't Permit Dumping Ground Near School: Bombay HC Remarks In Plea Against Waste Disposal Site

In a petition challenging the proposal to set up a Municipal Solid Waste Treatment & Disposal site at a land adjacent to a school, the Bombay High Court orally remarked that it would not permit a dumping ground to be set up near the school. The Court was hearing 2011 petitions filed by a school and village panchayat of Awalkheda village in Taluka Igatpuri of Nashik District.

Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs

The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country.

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