Bombay High Court Weekly Round-Up: May 12 – May 18, 2025

Update: 2025-05-21 05:49 GMT
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2025 LiveLaw (Bom) 182 to 2025 LiveLaw (Bom) 192Nominal Index:Rizvi Education Society vs The Brihan Mumbai Municipal Corporation, 2025 LiveLaw (Bom) 182Rameshwar Cooperative Housing Society Limited vs Divisional Joint Registrar, Cooperative Societies, 2025 LiveLaw (Bom) 183Girish Dattatray Mahajan vs Anil Thatte, 2025 LiveLaw (Bom) 184Reshu Singh vs Union of India, 2025 LiveLaw (Bom)...

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2025 LiveLaw (Bom) 182 to 2025 LiveLaw (Bom) 192

Nominal Index:

Rizvi Education Society vs The Brihan Mumbai Municipal Corporation, 2025 LiveLaw (Bom) 182

Rameshwar Cooperative Housing Society Limited vs Divisional Joint Registrar, Cooperative Societies, 2025 LiveLaw (Bom) 183

Girish Dattatray Mahajan vs Anil Thatte, 2025 LiveLaw (Bom) 184

Reshu Singh vs Union of India, 2025 LiveLaw (Bom) 185

Pandit Vithal Landage vs Vishnu Govind Pawar, 2025 LiveLaw (Bom) 186

Vitthal Thaku Jagdale vs Nitin Suresh Kadam, 2025 LiveLaw (Bom) 187

 Arjan Motiram Khiani vs Metharam Rijhumal Khiani, 2025 LiveLaw (Bom) 188

 AAS vs SAS, 2025 LiveLaw (Bom) 189

Ameykumar s/o Nitinchandra Patil vs State of Maharashtra, 2025 LiveLaw (Bom) 190

IP vs State of Maharashtra, 2025 LiveLaw (Bom) 191

Ashoka Buildcon Ltd. vs Maha Active Engineers India Pvt. Ltd., 2025 LiveLaw (Bom) 192

Judgments & Final Orders:

Amalgamation Of Two Trusts Not Germane For Inquiry Conducted U/S 50A Of Trusts Act: Bombay High Court

Case Title: Rizvi Education Society vs The Brihanmumbai Municipal Corporation

Citation: 2025 LiveLaw (Bom) 182

The Bombay High Court stated that amalgamation of two trusts are not germane for inquiry to be conducted under Section 50A Of Trusts Act. Further, the bench of Justice Sharmila Deshmukh disagreed that the publication of notice in official Gazette is sought to be elevated to the status of a jurisdictional condition for exercise of power under Section 50A(2).

No Clause In Private Agreement Can Nullify Statutory Rights Under Maharashtra Cooperative Societies Act: High Court

Case Title: Rameshwar Cooperative Housing Society Limited v. Divisional Joint Registrar, Cooperative Societies

Citation: 2025 LiveLaw (Bom) 183

The Bombay High Court stated that no clause in a private agreement can nullify a statutory right under Maharashtra Cooperative Societies Act, 1960 (MCS Act), nor can it be the sole foundation for an administrative action of such severity as deregistration. In this case, the issue before the bench was whether an apex cooperative housing association validly registered under Section 154B of the MCS Act, consisting of duly registered societies of flat purchasers, can be deregistered on the objection of a developer who failed to fulfill his statutory duties under Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA).

Bombay High Court Orders Taking Down Of Six Videos Allegedly Defaming Maharashtra Minister Girish Mahajan

Case Title: Girish Dattatray Mahajan vs Anil Thatte

Citation: 2025 LiveLaw (Bom) 184

The Bombay High Court recently ordered taking down of six videos videos allegedly defaming BJP leader and Maharashtra Cabinet Minister Girish Mahajan, which were uploaded by two YouTubers, both of whom are journalists. Single-judge Justice Arif Doctor also restrained journalists Anil Thatte and Shyam Giri, who own YouTube channels - Anil Gaganbhedi Thatte and Mudda Bharat Ka, respectively.

Institute Founded On Mahatma Gandhi's Teachings Must Treat Employees Fairly: Bombay HC Confirms Appointment Of Teacher On Probation For 7 Yrs

Case Title: Reshu Singh vs Union of India

Citation: 2025 LiveLaw (Bom) 185

If an educational institution is founded on the teachings of Mahatma Gandhi, it must be treat all its employees 'fairly' without any 'exploitation', observed the Bombay High Court recently while confirming the appointment of a teacher, who was compelled to work on probation for nearly seven years. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe noted that the petitioner Reshu Singh was appointed as an Assistant Professor at Bhartiya Vidya Bhavan's Mumbadevi Adarsh Sanskrit Mahavidyalay, on June 20, 2018 on a two year probation period. Despite her completing the two years probation, she was not confirmed which compelled her to petition the High Court.

Court Commissioner Can Be Appointed At Pre-Mature Stage Under Order 26 Rule 9 CPC In Encroachment & Boundary Dispute Cases: Bombay High Court

Case Title: Pandit Vithal Landage v. Vishnu Govind Pawar

Citation: 2025 LiveLaw (Bom) 186

The Bombay High Court stated that court commissioner can be appointed at pre-mature stage under Order XXVI Rule 9 CPC in encroachment and boundary dispute.

Tenant's Mere Non-Cultivation Of Land Personally Does Not Amount To Breach Of S.32R Of Tenancy Act: Bombay HC

Case Title: Vitthal Thaku Jagdale v. Nitin Suresh Kadam

Citation: 2025 LiveLaw (Bom) 187

The Bombay High Court stated that mere tenant's non-cultivation of land personally does not amounts to breach of Section 32R of the Tenancy Act. The bench of Justice Amit Borkar was addressing the issue of whether mere failure of the tenant to cultivate the land personally, in absence of proof of abandonment or unlawful transfer of possession, would justify resumption of land under Section 32R of the Tenancy Act.

When Does Lis Pendens Cease To Operate? Bombay High Court Re-Examines S.52 Of Transfer Of Property Act Post-Alienation

Case Title: Arjan Motiram Khiani v. Metharam Rijhumal Khiani

Citation: 2025 LiveLaw (Bom) 188

The Bombay High Court while re-visiting Section 52 of the Transfer of Property Act has clarified the circumstances under which the Lis Pendens ceases to operate.

Bombay HC Orders Woman To Give Voice Sample To Verify Husband's Claim About Extra-Marital Affair, Says Magistrate Has Power Under DV Act

Case Title: AAS vs SAS

Citation: 2025 LiveLaw (Bom) 189

If there is adequate material on record, a person can be compelled to give voice samples, even in Domestic Violence cases, the Aurangabad bench of the Bombay High Court recently held while allowing a husband's appeal seeking a direction to his wife to provide her voice sample so as to prove her 'extra-marital' affair. Single-judge Justice Shailesh Brahme order a woman to provide her voice specimens within a period of three weeks so that the same could be verified.

In-Laws Asking Wife To Divorce Husband So That He Can Marry Girl From Higher Caste Is Not Cruelty: Bombay High Court

Case Title: Ameykumar s/o Nitinchandra Patil vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 190

In-laws telling a woman to divorce her husband so that he can be married to some other girl of a higher caste is not cruelty under section 498-A of the Indian Penal Code (IPC), the Aurangabad bench of the Bombay High Court held recently. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh noted that the allegation against the applicant, the sister-in-law of the complainant woman, was only that she asked the woman to give divorce to her husband (applicant's brother) so that he could be married to a girl of a higher caste since the complainant was of a lower caste.

Bombay High Court Refuses To Interfere With Suspension Of Law Student For Posts Against 'Operation Sindoor'

Case Title: IP vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 191

The Nagpur bench of the Bombay High Court recently refused to grant any relief to a female law student from the Symbiosis Law School, who was suspended from all 'academic and non-academic' activities of the institution till further orders for posting various 'political' posts on Instagram including one against the recent 'Operation Sindoor' carried out by the Indian Army. Vacation court judge Justice Rohit Joshi noted that the petitioner is a final year law student, who was allegedly found with one Rejaz, an independent journalist and member of Democratic Student Association (DSA), Kerala in a hotel in Nagpur.

Interim Relief U/S 9 Of Arbitration Act Must Be Sought With 'Reasonable Expedition': Bombay High Court

Case Title: Ashoka Buildcon Ltd. vs. Maha Active Engineers India Pvt. Ltd.

Citation: 2025 LiveLaw (Bom) 192

The Bombay High Court bench of Justice Atul Chandurkar and Justice Rajesh Patil have held that an applicant under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) must approach the court with reasonable expedition. Delay of several years without adequate explanation is a material factor that militates against the grant of such relief.

Others Orders:

Bombay High Court Upholds ₹62 Lakh Compensation For Shah Rukh Khan's Employee Who Died After Being Injured In Road Accident

The Bombay High Court on May 09 upheld the Rs 62 lakh compensation awarded by a Motor Accidents Claim Tribunal (MACT) to the family of an employee of Red Chillies Entertainment, owned by actor Shahrukh Khan, who was severely injured in a road accident on March 25, 2012 and died later. A division bench of Justices Girish Kulkarni and Advait Sethna upheld the award granted to the family of Charu Khandal, a character animator working with the Red Chillies Entertainment production house.

New Full Bench Of Bombay High Court Led By Justice Ravindra Ghuge To Hear Maratha Reservation Matter

The Bombay High Court has constituted a new full bench (three-judge bench) for hearing the petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10 per cent reservation to the Maratha Community in education and public service in the State. The new full-bench will now be headed by Justice Ravindra Ghuge along with Justices Nizamoodin Jamadar and Sandeep Marne being the other members of the bench.

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