If An Employee Is Exonerated In Disciplinary Proceedings, Interest Ought To Be Provided On Delayed Payment Of Retirement Benefits: Bombay HC

Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe allowed a writ petition that was filed by a widow asking for interest on the delayed payment of retirement benefits to her late husband. The court ruled that when an employee is acquitted or exonerated in disciplinary proceedings, the retirement benefits ought to be paid along with interest from...

Need For Organ Transplant Is A Facet Of Right To Life: Bombay HC Orders Separate Registration List For Patients Potentially Needing Transplant

The Bombay High Court while observing that the human need for organ transplant is a facet of right to life under Article 21 of the Constitution of India, ordered the Zonal Transplant Coordination Centre at Pune and the Maharashtra government to consider whether a separate registration facility could be provided to the category of patients, who may not be on dialysis or any other procedure but...

FIR Will Be Lodged In Badlapur Fake Encounter Case: Maha Govt Tells Bombay HC After Warning Of Contempt Action Over Delay

After dragging it's feet over lodging of an FIR in the Badlapur Fake Encounter Case, the Maharashtra Police on Wednesday told the Bombay High Court that it will be lodging an FIR in the case, latest by Saturday (May 3).A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale accepted the statement made by Public Prosecutor Hiten Venegavkar who told the judges that by Saturday an...

Colaba Residents Association Moves Bombay High Court Against Proposed Construction Of Passenger Jetty Near Gateway Of India

Colaba residents have approached the Bombay High Court against the proposed construction of a passenger jetty and terminal facilities near the Gateway of India.Clean and Heritage Colaba Residents Association (CHCRA), an association of over 400 residents of Colaba, filed the petition against the proposed 'Passenger jetty and Terminal Facilities' construction by the State government and...

Bombay High Court Rejects Shiv Sena MLA's PIL On Misuse Of Social Media By Influencers, Comedians

The Bombay High Court today refused to entertain a Public Interest Litigation (PIL) filed by a sitting MLA, Kiran Samant, concerning 'misuse' of social media by influencers, content creators and comedians.A bench of Chief Justice Alok Aradhe and Justice M. S. Karnik observed that an efficacious remedy is available under the Information Technology (Procedure and Safeguards for Blocking for...

Bar Associations Are Not "State" Under Article 12 Of The Constitution Of India: Bombay High Court

Bar Associations if held to be a "State" within the meaning of Article 12 of the Constitution of India, it would certainly lead to a "chaotic" situation, the Bombay High Court held recently.A division bench of Justices Girish Kulkarni and Advait Sethna dismissed the petition filed by four advocates challenging the notice issued by the Kolhapur District Bar Association (KDBA), by which it...

Bombay High Court Denies Relief To Police Officer Who Laughed At Judge On VC While Recording Evidence

The Bombay High Court recently refused to quash a letter issued by a Sessions Court in Beed district to the Director General of Police (DGP), Maharashtra to frame 'Standard Operating Procedure (SOP) for police officials to maintain decorum in the court while recording evidence through video conferencing facility. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale dismissed...

Advocate Calls Judge's Wife For Property Deal, Insists On Cash Transaction; Bombay High Court Orders Enquiry, Says Attempts To "Frame The Court"

The Bombay High Court on Tuesday ordered the Mumbai Police to conduct an enquiry into the conduct of an advocate, who called the wife of a sitting judge for a property dealing and insisting on "cash transaction."Single-judge Justice Madhav Jamdar in his jam-packed court hall, disclosed that an attempt was being made to "frame the court" after it passed an order against advocate Vijay Kurle...

Have Taken Steps To Install Pollution Indicators At Construction Sites: BMC To Bombay High Court

The Bombay Municipal Corporation (BMC) today told the Bombay High Court that it has initiated steps for the installation of 'pollution indicators', which are used to check the amount of dust generated by construction works.The BMC made this submission before a division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik in a suo moto PIL on poor air quality in Mumbai.On 09 January...

Routing Of Funds Through Tax Havens Not Disclosed During Original Proceedings: Bombay HC Confirms Reassessment

Finding that the Petitioner had failed to disclose all material facts necessary for assessment of tax, the Bombay High Court ruled that the circuitous movement of funds through various companies located in tax havens had not been disclosed in the course of the original proceedings.The High Court therefore confirmed the reopening proceedings initiated against the petitioner.A division bench...

Order Granting Or Refusing Temporary Injunction Is 'Discretionary', Not Adjudication On Subject Matter Or Merits: Bombay HC Full Bench

The Bombay High Court has observed that an order of temporary injunction is not a prima facie adjudication on the subject matter or merits of the case, but an exercise of discretion by the court.The Court did so while answering a reference between conflicting decisions of division benches of the high court in Colgate Palmolive Company & Anr vs. Anchor Health And Beauty Care Pvt. Ltd...

Arbitrator Cannot Be Substituted U/S 29A(6) Of A&C Act Unless Grounds Mentioned U/S 14 & 15 Are Satisfied: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that even though the term "substitution" is mentioned under Section 29-A(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), an arbitrator cannot be substituted in an application under this section unless the grounds specified in Sections 14 and 15 of the Arbitration Act are satisfied, which...