Muslim Father Who Gifts Property To Son Need Not Hand Over 'Actual & Physical' Possession, Can Reside In Same Property: Bombay High Court

A Muslim father, who transfers his property to his son as a gift known as 'Hiba' under the Islamic Law, can continue to reside in the said property along with his son and need not leave the said residence as the law does not mandate delivery of 'actual and physical' possession of the property other it only provides for 'constructive possession', the Nagpur bench of the Bombay High Court...

Bombay High Court Orders Maha Govt To Upload State's Prison Manual & Police Manual On Internet To Educate Citizens

The Bombay High Court on Thursday ordered the Maharashtra Government to put up the State's Prison Manual and also Police online so as to help prisoners and their relatives learn more about their rights, while in jail. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the Prison Manual is one of the documents which is not on available on the internet and thus...

[Maharashtra Rent Control Act] Govt Allottee Will Qualify As Deemed Tenant Only On Legal Possession Of Requisitioned Premises: Bombay HC

The Bombay High Court has observed that a Government allottee who does not hold a 'legal occupation or possession' of a property under the Maharashtra Rent Control Act 1999 cannot be considered as a 'deemed tenant' under Section 27 of the Act.Section 27 of the Rent Control Act provides for the State Government or a Government allottee to become a deemed tenant as on 7 December 1996. If...

Only Triple Talaq Is Prohibited, Not Talaq-e-Ahsan: Bombay High Court

The Bombay High Court on Wednesday (April 23) held that the Muslim Women (Protection of Rights on Marriage) Act, 2019 only prohibits the instantaneous and irrevocable "Triple Talaq" also known as "Talaq-e-biddat" but does not prohibit the traditional mode of divorce under Islam known as "Talaq-e-Ahsan."Sitting at Aurangabad, the division bench of Justices Vibha Kankanwadi and Sanjay...

Unilateral Option To Terminate Arbitration Agreement Does Not Render It Illegal: Bombay High Court

The Bombay High Court Bench of Justice Somasekhar Sundaresan while disposing an application for appointment of arbitrator has observed that an arbitration clause which gives option to only one party to opt out of the arbitration agreement is not invalid per se. Such arbitration agreement can be saved by eliminating the unilateral option or by making such right...

No Details Of Colleges Allowing Low Attendance Students To Give Exams: Bombay HC Closes PIL On Law Students' Absenteeism In Mumbai University

The Bombay High Court on Thursday (April 24) disposed of a PIL that sought enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with the Mumbai University.A division bench of Chief Justice Alok Aradhe and Justice MS Karnik did so after noting that the PIL petitioner did not provide any details of the colleges where students are allowed...

Amalgamated Company Can Adjust Written Down Assets Of Constituent Companies & Claim Depreciation Without Central Govt Approval: Bombay HC

The Bombay High Court stated that amalgamated company can adjust written down of assets of amalgamating companies and claim depreciation without central government's approval. The Division Bench of Chief Justice Alok Aradhe and Justice M.S. Karnik stated that “The Tribunal was not justified in law in holding that in view of insertion of Section 72A in the Income Tax Act,...

Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC

Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...

Can't Issue Guidelines In Absence Of Statutory Backing: Bombay HC Remarks In Plea Seeking To Create A Fund For Wrongly Incarcerated People

While permitting withdrawal of a PIL seeking funds to compensate wrongly incarcerated persons, the Bombay High Court on Wednesday (April 23) orally remarked that in the absence of statutory backing, it cannot issue guidelines to the union or state government under Article 226 of the Constitution.The PIL filed by a 90-year-old man sought directions to create a fund for compensating undertrials...

Businessman Raj Kundra Moves Bombay High Court For Quashing Of LOC In Pornographic Film Racket Case

Celebrity and Businessman Raj Kundra has approached the Bombay High Court seeking to quash the "Look Out Circular" issued against him for his alleged role in the pornographic film racket case. A division bench of Justices Sarang Kotwal and Shriram Modak today ordered the Registry to list the matter before appropriate bench as per roster. Kundra has moved the Court with a prayer...

FIRs Lodged Against Illegal Loudspeakers, Using Social Media To Publicize Ads Addressing Noise Pollution: Maharashtra DGP To Bombay HC

The Director General of Police (DGP) Maharashtra has submitted an affidavit before the Bombay High Court that the police authorities have undertaken initiatives and campaigns regarding illegal loudspeakers and noise pollution, in relation to a contempt petition alleging 2940 illegal loudspeakers in the State.The contempt petition stemmed from non-compliance with the High Court's order in...

Bombay HC Finds Chairman Of Industrial Establishment Liable For Non-Compliance With Labor Court Order

Bombay High Court: A single judge bench of Justice Y. G. Khobragade upheld the issuance of criminal process against the Chairman of Kinetic Engineering Ltd., for failing to implement a Labor Court judgment. The court rejected the argument that a Chairman cannot be held responsible for compliance with court orders. The court clarified that persons in positions of control and supervision...