Bombay High Court Monthly Digest: February 2025

Nominal Index:

Tejas Shinde vs State of Maharashtra, 2025 LiveLaw (Bom) 44

Harshi Ramjiyani vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 45

Case Title: Shoaib Richie Sequeira vs State of Maharashtra, 2025 LiveLaw (Bom) 46

Dnyaneshwar Katkar vs The Director General & Inspector General of Police, 2025 LiveLaw (Bom) 47

Musin Thengade vs State of Maharashtra, 2025 LiveLaw (Bom) 48

City Corporation Limited v. Assistant Commissioner of Income Tax Circle, 2025 LiveLaw (Bom) 49

Yogesh Mangilal Mundhara vs. State Of Maharashtra, 2025 LiveLaw (Bom) 50

Ashok S/O Ruprao Yende vs. Bar Council Of India, 2025 LiveLaw (Bom) 51

Shyamkumar Tulsilal Warnawal vs State of Maharashtra, 2025 LiveLaw (Bom) 52

Adani Electricity Mumbai Infra Ltd vs, Union Of India & Ors, 2025 LiveLaw (Bom) 53

Ritik Millil vs State of Maharashtra, 2025 LiveLaw (Bom) 54

Ruzbeh Dossabhoy Raja vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 55

Maharashtra Public Service Commission Versus Vast India Pvt. Ltd., 2025 LiveLaw (Bom) 56

Gunwant Tarachand Jain @ Nikesh Madhani vs State of Maharashtra, 2025 LiveLaw (Bom) 57

Dharmendra Kumar vs. Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Ors, 2025 LiveLaw (Bom) 58

Datta Ranba Adode v.s State Of Maharashtra And Ors, 2025 LiveLaw (Bom) 59

Lords Inn Hotels and Resorts Versus Pushpam Resorts LLP and Ors., 2025 LiveLaw (Bom) 60

Executive Engineer National Highway Division Versus Sanjay Shankar Surve & Ors, 2025 LiveLaw (Bom) 61

Keller Ground Engineering India Private Limited Versus Archon Powerinfra India Pvt. Ltd. & Ors., 2025 LiveLaw (Bom) 62

Mohammed Ajaan Khan vs State of Maharashtra, 2025 LiveLaw (Bom) 63

Hindustan Unilever Limited vs. Ashok Kumar Unknown Persons in Maharashtra, 2025 LiveLaw (Bom) 64

Ganesh Mendarkar vs State of Maharashtra, 2025 LiveLaw (Bom) 65

Swanubhuti Jain vs State of Maharashtra, 2025 LiveLaw (Bom) 66

Sagar Dnyaneshwar Shinde vs. Secretary Maharashtra State Commission And Ors , 2025 LiveLaw (Bom) 67

Mirza Himayat Inayat Baig vs. State of Maharashtra, 2025 LiveLaw (Bom) 68

Vijay Chand Dubey vs State of Maharashtra and Anr, 2025 LiveLaw (Bom) 69

The Board of Control for Cricket in India v. The Assistant Commissioner of Income Tax, 2025 LiveLaw (Bom) 70

Play Ventures NV vs State of Maharashtra,2025 LiveLaw (Bom) 71

Rupchand Shende vs State of Maharashtra. 2025 LiveLaw (Bom) 72

Oxford University Press v. DCIT, Int. Tax Circle 3 (2)(2) & Ors., 2025 LiveLaw (Bom) 73

Systra MVA Consulting (India) Pvt. Ltd. vs. Mumbai Metropolitan Region Development Authority, 2025 LiveLaw (Bom) 74

Hanumant Naik vs State of Maharashtra, 2025 LiveLaw (Bom) 75

Vijay Shrinivasrao Kulkarni v. ITAT Pune Bench & Ors., 2025 LiveLaw (Bom) 76

Satish Poptlal Shah & Anr vs. State of Maharashtra & Ors, 2025 LiveLaw (Bom) 77

Pooja Popalghat vs State of Maharashtra, 2025 LiveLaw (Bom) 78

Sameer Mohammad Yusuf Patel vs Panvel Municipal Corporation, 2025 LiveLaw (Bom) 79

Judgments/Final Orders:

Prima Facie Grave Provocation: Bombay HC Grants Bail To Youngster Booked For Killing Bed-Ridden Father, Orders Him To Continue Education

Case Title: Tejas Shinde vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 44

The Bombay High Court on Monday while granting bail to a 22-year-old boy booked for killing his own 69-year-old 'bed-ridden' father, observed that the applicant was prima facie gravely 'provoked' by the deceased by abusing him and his mother, repeatedly, which could not be handled by the applicant's 'adolescent' mind.

Single-judge Justice Milind Jadhav noted that the applicant - Tejas Shinde, was 'provoked' by his bed-ridden father, who kept abusing him and his mother, who works as a house help, and also the fact that the applicant was a student studying in a reputed college in Dombivli (near Thane) and was pursuing his Second Year in Bachelor of Management Studies (BMS).

Can't Direct University To Lower Cut-Off Standard: Bombay HC Refuses To Quash Mumbai Varsity Decision Cancelling Admission After 4 Semesters

Case title: Harshi Ramjiyani vs. State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 45

While refusing to interfere with Mumbai University's decision to cancel the admission of a student after completion of four semesters due to insufficient marks in the International Baccalaureate (IB) programme, the Bombay High Court observed that if the student did not secure the predicted grades, the Court cannot direct the university to lower the cut-off standard.

A division bench of A.S. Chandurkar and M.M. Sathaye considered the petitioner's challenge to Mumbai University's decision, which held the petitioner ineligible for the B.Voc (Interior Design) degree course.

Bombay HC 'Disappointed' With CBI & Mumbai Police Showing Reluctance To Probe Multi-Crore Money Laundering Case; Orders Formation Of SIT

Case Title: Shoaib Richie Sequeira vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 46

The Bombay High Court recently expressed 'disappointment' over the Central Bureau of Investigation (CBI) and also the Economic Offences Wing (EOW) of the Mumbai Police, both showing 'reluctance' to investigate into the complaints of multi-crore fraud by a company both in India and also several foraging countries.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that both the EOW as well as the CBI, for the reasons best known to these Agencies, were reluctant to inquire/investigate into the complaints made by one Shoaib Sequeira accusing one Anand Jain, promoter of Jai Corporation Ltd. and its subsidiaries of misappropriating public funds and laundering the same outside India.

Requests Made By Govt Employees To Change Birthdate In Service Records Beyond Reasonable Time Should Not Be Entertained: Bombay High Court

Case Title: Dnyaneshwar Katkar vs The Director General & Inspector General of Police

Citation: 2025 LiveLaw (Bom) 47

The Bombay High Court recently while refusing to grant any relief to a Pune-based Police Inspector said any request from a public servant to change in date of birth in service records, beyond reasonable time, should not be permitted.

A division bench of Justices Atul Chandurkar and Milind Sathaye said that in such cases, mostly government employees seek such changes only after spending 'considerable time' in service or when they near retirement.

Limitation For Prosecuting One Under Section 498A IPC Will Commence From Last Incident Of Cruelty: Bombay High Court

Case Title: Musin Thengade vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 48

The Bombay High Court recently held that that the point of limitation under section 468 of the Criminal Procedure Code (CrPC) for an offence under section 498-A of the Indian Penal Code (IPC) shall commence from the last act of cruelty.

A division bench of Justices Vibha Kankanwadi and Rohit Joshi said that limitation for prosecution under section 498A will not continue for an indefinite period.

Notice Issued To Non-Existing Entity Post-Merger Is Substantive Illegality, Dept Cannot Cite Technical Glitch: Bombay High Court

Case Title: City Corporation Limited v. Assistant Commissioner of Income Tax Circle

Citation: 2025 LiveLaw (Bom) 49

The Bombay High Court stated that notice issued to a non-existing entity post-merger is a substantive illegality and not some procedural violation.

“we cannot condone the fundamental error in issuing the impugned notices against a non-existing company despite full knowledge of the merger. The impugned notices, which are non-est cannot be treated as “good” as urged on behalf of the department” stated the Division Bench of Justices M.S. Sonak and Jitendra Jain.

'No Public Interest': Bombay HC Dismisses PIL For Uniform Guidelines On Awarding Tenders For Solid Waste Management In The State

Case title: Yogesh Mangilal Mundhara vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 50

The Bombay High Court has dismissed a PIL seeking uniform guidelines for awarding tender contracts for solid waste management in the state, noting that there was no element of public interest involved in the plea.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre stated “In our considered opinion there is no element of public interest involved in the instant PIL and, therefore, it must fail and is hereby dismissed.”

"Why Shouldn't BCl Check?": Bombay High Court Refuses To Entertain PIL Challenging Circular On Criminal Background Checks For Law Students

Case title: Ashok S/O Ruprao Yende vs. Bar Council Of India

Citation: 2025 LiveLaw (Bom) 51

While hearing a PIL challenging a Bar Council of India Circular mandating a criminal background check system for law students, the Bombay High Court on Monday (February 10) orally remarked that it did not find anything illegal with the circular before dismissing the petition as withdrawn.

Remarking that the petitioner was “foreclosing the right of aggrieved persons”, the Court orally remarked that it would impose heavy costs on the petitioner. The petitioner then sought the liberty to withdraw the petition. The Court thus dismissed the petition as withdrawn.

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'

Case Title: Shyamkumar Tulsilal Warnawal vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 52

The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.

The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and Additives) Regulations 2011 and also the Food Safety Standards (Contaminants, Toxins and Residues) Regulations, 2011.

Bombay High Court Permits Adani Electricity To Cut Mangroves For Power Transmission Project Near Vasai Creek

Case title: Adani Electricity Mumbai Infra Ltd vs, Union Of India & Ors

Citation: 2025 LiveLaw (Bom) 53

The Bombay High Court has permitted Adani Electricity Mumbai Infra Ltd to cut 209 mangroves for setting up an electricity transmission line near the Vasai creek for the supply of electricity to Mumbai and the suburbs around it.

The Court remarked the HVDC project is critical for Mumbai as the existing capacity of the transmission corridor is not sufficient to carry further power into the city and that the project would enable additional power to be supplied to Mumbai to meet the increasing energy demands of the city.

Bombay High Court Grants 'A Chance' To Rape Accused To 'Reform and Repent'; Grants Bail To Man Booked For Raping Minor Cousin

Case Title: Ritik Millil vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 54

The Bombay High Court recently while granting bail to a 20-year-old man booked for raping his minor cousin, said it wants to give a chance to the accused to 'repent, retrospect' and 'be remorseful.'

Single-judge Justice Milind Jadhav said when the accused undertrials are 'young' then the courts must 'take a chance' by adapting to a 'reformative' approach instead of a 'punitive' approach.

Bombay HC Disposes PIL Over Cyber Attacks On Official State Websites, Notes Petitioner Willing To Give Suggestions To Cyber Department

Case title: Ruzbeh Dossabhoy Raja vs. State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 55

The Bombay High Court has disposed of a PIL concerning cyber-attacks impacting the official websites of the State government and its departments, noting that the petitioner is willing to provide suggestions to the concerned authorities on preventing cyber attacks on State government websites.

Mandate Of Facilitation Council Is Not Terminated Even If It Fails To Render Award Within 90 Days U/S 18(5) Of MSME Act: Bombay High Court

Case Title: Maharashtra Public Service Commission Versus Vast India Pvt. Ltd.

Citation: 2025 LiveLaw (Bom) 56

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mandate of the MSME Facilitation Council (Council) cannot be terminated merely on the ground that it failed to render an award within 90 days under section 18(5) of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) from the date of entering reference as this time period is directory in nature.

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court

Case Title: Gunwant Tarachand Jain @ Nikesh Madhani vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 57

The Bombay High Court on Wednesday held that conveying grounds of arrest within four minutes of arresting an individual was 'reasonable' and the same does not violate any fundamental right of the accused.

Single-judge Justice Dr Neela Gokhale was hearing a petition filed by a rape accused challenging his arrest arguing that he was not served with the 'grounds of arrest' in written, within a reasonable time and thus, his arrest was 'illegal.'

Bombay High Court Upholds Rules Prescribing Limit On Civil Services Attempts For Persons With Benchmark Disability Based On Caste Status

Case title: Dharmendra Kumar vs. Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Ors

Citation: 2025 LiveLaw (Bom) 58

The Bombay High Court has dismissed a petition challenging Rule 3 of the Civil Services Examination Rules 2024 which grants Persons with Benchmark Disability (PwBD) under the General/Economically Weaker Section /Other Backward Classes (GL/EWS/OBC) category 9 attempts, while providing unlimited attempts to those belonging to SC/ST category.

A division bench of Justice Bharati Dangre and Jusitce Ashwin D. Bhobe rejected the petitioner's contention and emphasized the distinct status of SC/ST in the Constitution. The Court noted that while the reservations to PwBD under the Persons with Disabilities Act, 2016 is a 'horizontal reservation', the reservation provided to SC/ST and OBC under the constitution is a 'vertical reservation'. The Court was of the view that though PwBD is a distinct class since it is a horizontal reservation, it would cut across the vertical reservation provided to SC/ST candidates.

Bombay High Court Asks State To Make Palghar District Consumer Forum Functional Within 4 Weeks

Case title: Datta Ranba Adode v.s State Of Maharashtra And Ors

Citation: 2025 LiveLaw (Bom) 59

The Bombay High Court today disposed of a PIL that sought the establishment of the District Consumer Forum in the Palghar District, noting that the Consumer Forum has already been set up by the State government.

When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court

Case Title: Lords Inn Hotels and Resorts Versus Pushpam Resorts LLP and Ors.

Citation: 2025 LiveLaw (Bom) 60

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that when there is an ambiguity in the agreement with respect to arbitration related provisions, the business efficacy test can be applied to discern true intent of the parties to arbitrate.

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

Case Title: Executive Engineer National Highway Division Versus Sanjay Shankar Surve & Ors

Citation: 2025 LiveLaw (Bom) 61

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the delay in filing an appeal under section 37 of the Arbitration and Conciliation Act,1996 (“Arbitration Act”) should not be condoned in a mechanical manner as it would defeat the very objective of the Arbitration Act which is to provide a speedy resolution of disputes.

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

Case Title: Keller Ground Engineering India Private Limited Versus Archon Powerinfra India Pvt. Ltd. & Ors.

Citation: 2025 LiveLaw (Bom) 62

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) in absence of any contrary indicia indicating any other place to be the seat of arbitration.

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Case Title: Mohammed Ajaan Khan vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 63

The Bombay High Court on Thursday (February 13) while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl.

Special Receiver Is 'Agent' Of Court, Must Be Given Immediate Assistance By Police For Executing Court Orders: Bombay HC

Case title: Hindustan Unilever Limited vs. Ashok Kumar Unknown Persons in Maharashtra

Citation: 2025 LiveLaw (Bom) 64

In relation to an IPR suit, the Bombay High Court flagged the issue of police officers failing to provide assistance to additional special receivers (who report to court receivers), observing that they are agents of the court who execute ex-parte ad interim orders and so must be given effective immediate assistance by the police machinery.

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

Case Title: Ganesh Mendarkar vs State of Maharashtra 

Citation: 2025 LiveLaw (Bom) 65

The Bombay High Court on Friday (February 14) while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual.

Consider Enabling Citizens To Rely On Documents Of Mother's Caste For Adopting Her Caste: Bombay High Court Tells Maha Government

Case Title: Swanubhuti Jain vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 66

The Bombay High Court recently ordered the Maharashtra government to consider if a clause in 'exceptional circumstances' can be introduced in the 'Aaple Sarkar' the official portal, to enable a citizen, seeking a caste certificate based on the social status of his or her mother, to upload documents of their mother's social status. 'Aaple Sarkar' is the official website of the State government which provides various beneficial schemes for citizens and also enables them to lodge grievances.

Members Of Maharashtra SC & ST Commission Appointed, Commission Functional: State Tells Bombay High Court

Case title: Sagar Dnyaneshwar Shinde vs. Secretary Maharashtra State Commission And Ors 

Citation: 2025 LiveLaw (Bom) 67

The Bombay High Court has disposed of a PIL that sought the appointment of Chairman and Members to the Maharashtra State Commission of Scheduled Castes and Scheduled Tribes, noting that the State government has appointed the members.

A division bench of Justice Alok Aradhe and Justice Arif S. Doctor took note of the State's affidavit indicating that the Chairman and 2 members have been appointed to the Commission through a Government Resolution (GR) dated 16 September 2024. The affidavit said that the Commission is functioning now.

'Not In Solitary Confinement': Bombay HC Dismisses German Bakery Blast Convict's Plea For Transfer To General Barrack In Nashik Jail

Case title: Mirza Himayat Inayat Baig vs. State of Maharashtra 

Citation: 2025 LiveLaw (Bom) 68

The Bombay High Court on Tuesday (February 18) dismissed the petition filed by Mirza Himayat Baig, one of the prime convicts in the German Bakery Blast Case, seeking a directive to the jail authorities to shift him from the 'Anda Cell' a high security risk barrack to the general barrack of the Nashik Central Jail.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale held that the petitioner was not undergoing any 'psychological trauma' as alleged by him in his letter petition to the court. It also junked his contention of being kept in 'solitary confinement.'

14 Y/O Girl Had 'Sufficient Knowledge & Capacity' To Understand Her Actions: Bombay HC Grants Bail To POCSO Accused

Case Title: Vijay Chand Dubey vs State of Maharashtra and Anr.

Citation: 2025 LiveLaw (Bom) 69

The Bombay High Court on Monday granted bail to a 24-year-old man booked for raping a 14-year-old minor girl, noting that the victim had 'sufficient knowledge' and 'capacity' to know the 'full import of her actions' as she 'voluntarily' stayed with the accused for 4 days.

Judge Milind Jadhav noted that multiple decisions of the Supreme Court and various other Courts have favoured the release of young offenders on bail pending trial so that the regressive influences of the jail environment can be avoided and keeping in mind the principle of best interest in the circumstances of a particular case.

ITAT Cannot Overstep Its Authority By Deciding On Merits When It Had Already Concluded Appeal Was Not Maintainable: Bombay High Court

Case Title: The Board of Control for Cricket in India v. The Assistant Commissioner of Income Tax

Citation: 2025 LiveLaw (Bom) 70

The Bombay High Court stated that ITAT cannot overstep its authority by deciding on merits when it has already concluded an appeal was not maintainable.

The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that “Once the ITAT concluded that the Appeal before it against the impugned communication/order was not “maintainable”, there was no question of the ITAT evaluating the impugned communication/order on its merits or making any observations or recording any findings regarding its validity or otherwise. Therefore, such observations and findings are without jurisdiction and should not have been made.”

Bombay High Court Quashes FIR Against Foreign Company Booked For Unauthorisedly Broadcasting Bigg Boss, IPL 2023, Other Colors TV Shows

Case Title: Play Ventures NV vs State of Maharashtra (Criminal Writ Petition 821 of 2025)

Citation: 2025 LiveLaw (Bom) 71

The Bombay High Court recently quashed a First Information Report (FIR) lodged against a Netherlands-based gaming company accused of unauthorisedly broadcasting various popular shows of Viacom 18 group such as 'Bigg Boss' 'Nagging' 'Asur' 'IPL 2023' etc, on various regional Over The Top (OTT) platforms.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the company - Play Ventures NV and one of its employee - Gulamabbas Muni, who is also the CEO of Sohail Khan Productions had amicably settled the issue with Viacom 18 Group, which contended to have faced losses to the tune of Rs 100 crores.

If A Man's Intention While Making Promise To Marry Is To Deceive A Girl Into Sexual Relations, Her Consent Gets Vitiated: Bombay High Court

Case Title: Rupchand Shende vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 72

When the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive her to convince her to engage in sexual relations, there is a 'misconception of fact' and the same 'vitiates' the girl's consent, the Bombay High Court held recently while upholding the rape conviction of a man, accused of raping a minor.

Change In Tax Rate In Future AYs Not Ground For Reassessment Without Fulfilling Jurisdictional Parameters U/S 148 Income Tax Act: Bombay HC

Case title: Oxford University Press v. DCIT, Int. Tax Circle 3 (2)(2) & Ors.

Citation: 2025 LiveLaw (Bom) 73

The Bombay High Court has made it clear that merely because the tax rate which is applicable on an assessee changes in future assessment years (AYs), is not a ground to initiate reassessment action against it for previous AYs, unless the 'jurisdictional parameters' of Section 148 of the Income Tax Act, 1961 are fulfilled.

Discontinuing Contract Without Giving Reasons Arbitrary: Bombay HC Quashes MMRDA's Contract Termination Notice For Mumbai Metro Consultancy

Case title: Systra MVA Consulting (India) Pvt. Ltd. vs. Mumbai Metropolitan Region Development Authority

Citation: 2025 LiveLaw (Bom) 74

The Bombay High Court has set aside a notice issued by the Mumbai Metropolitan Region Development Authority (MMRDA) that terminated a tender contract with Systra MVA Consulting (India) Pvt Ltd for the appointment of General Consultant for Mumbai Metro Line, ruling that the cancellation was arbitrary and unreasonable.

Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure

Case Title: Hanumant Naik vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 75

While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday (February 25) dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation (NMMC) for demolishing his "unauthorised" structure.

ITAT Cannot Perpetuate Ex-Parte Order: Bombay High Court Orders Tribunal To Grant Opportunity Of Hearing To Assessee Before Proceeding On Merits

Case title: Vijay Shrinivasrao Kulkarni v. ITAT Pune Bench & Ors.

Citation: 2025 LiveLaw (Bom) 76

The Bombay High Court has disapproved of the Income Tax Appellate Tribunal dismissing the appeal against an ex-parte order passed against a former employee of Pfizer Healthcare without providing him an opportunity of hearing. Stating that ITAT cannot “perpetuate” the ex-parte order, a division bench of Justices GS Kulkarni and Advait M. Sethna directed the Tribunal to hear the employee de novo, so far as his prayer for the grant of exemption under section 89 of the Income Tax Act, 1961 is concerned.

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947

Case title: Satish Poptlal Shah & Anr vs. State of Maharashtra & Ors

Citation: 2025 LiveLaw (Bom) 77

The Bombay High Court imposed Rs. 2 lakh in exemplary costs on the petitioners for 'taking chances' with the court process by filing a petition claiming ownership of land acquired in 1947, offering no explanation for the 77-year delay and making contradictory pleadings and unverified averments.

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court

Case Title: Pooja Popalghat vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 78

The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor.

Bombay High Court Slaps Rs 1 Lakh Costs On Man For Audio-Recording Court Proceedings On Mobile Phone

Case Title: Sameer Mohammad Yusuf Patel vs Panvel Municipal Corporation

Citation: 2025 LiveLaw (Bom) 79

In a recent order, the Bombay High Court (February 27) imposed a cost of Rs 1 lakh on a litigant who was found to be 'audio-recording' court proceedings on his mobile phone.

Other Orders/Observations:

Whether Grounds Of Arrest Must Be Furnished In Writing In Offences Other Than PMLA/UAPA? Bombay High Court Refers To Larger Bench

The Bombay High Court on Friday referred to a larger bench the issue whether grounds of arrest must be furnished to accused in writing in stringent offences like POCSO Act, MCOCA or the NDPS Act, similar to the position crystallised by the Supreme Court qua the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).

Bombay High Court Issues Notice To ECI On Plea Challenging 2024 Legislative Assembly Elections

The Bombay High Court on Monday (February 3) issued notice on a petition challenging the elections to the Maharashtra Legislative Assembly, which were concluded in November, last year.

The petition has alleged that over 75 lakh votes were polled after the official closing time of polling (6 PM) and also several discrepancies in almost 95 constituencies, wherein the number of votes polled and the number of votes counted, does not match.

Bombay High Court Orders Temporary Ban On Sale/Purchase Of GMMC Company's Meters For Auto-Rickshaw's Across India Due To Quality Issues

The Bombay High Court last week ordered the Controller of Legal Metrology (CLM), Maharashtra to ensure that the auto-rickshaw fare metres manufactured by Global Meter Manufacturing Company (GMMC) are not sold in the market till further orders.

This comes after a division bench of Justices Ravindra Ghuge and Ashwin Bhobe came across a 'shocking revelation' that the GMMC in official records, has furnished three different addresses, from where it manufactures the meters, yet despite an enquiry, the company was not found on any of the three locations in Pune. The bench also noted that the GMMC was circulating 'plastic body' made meters for sale in the open market, across India.

Bombay High Court Issues Notice On PIL For Installation Of Tracking Device And Emergency Button In Public Vehicles

A PIL has been filed in the Bombay High Court seeking the installation of vehicle location tracking devices for old and existing public vehicles in the State to ensure the security of women and children.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre today issued notice to the State and sought its response to the PIL.

Bombay High Court Agrees To Hear Volkswagen India's Challenge To 1.4 Billion USD Tax Demand By Customs Authorities

The Bombay High Court on Wednesday agreed to hear on February 17, the petition filed by Skoda Auto Volkswagen India challenging the tax demand of USD 1.4 billion by Indian customs authorities.

The petition was mentioned before a division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla, which upon hearing the brief submissions, agreed to hear the matter at length on February 17.

PIL Filed In Bombay High Court Regarding Cyber Attacks On Official State Websites

A Public Interest Litigation (PIL) has been filed in the Bombay High Court concerning cyber-attacks impacting official websites of the State government and its departments.

The petition filed by an Information Technology Consultant and Visiting Professor of Law seeks direction to State and Central Government authorities to prevent contamination of several official Maharashtra State Government websites.

'Patient Waiting Since November May Not Survive Till Your Money Comes': Bombay HC Asks State For Concrete Plan To Spend Healthcare Budget

In relation to a suo motu PIL concerning deaths in government hospitals in Nanded and Chhatrapati Sambhaji Nagar districts, the Bombay High Court on Wednesday (February 5) asked the State to submit a compliance report indicating a timeline in which it will complete the process of recruitment of medical staff in government hospitals. The Court also asked the State to come up with a concrete plan of spending budget allocated to the health sector in instalments.

"Apologise From Bottom Of Your Heart Or Face Contempt Action": Bombay High Court To Society For Disobeying Order On Feeding Stray Dogs

The Bombay High Court on Wednesday ordered the Navi Mumbai society to 'show remorse and repentance' and apologise to the court 'from the bottom of their heart' for disobeying the court's January 21 order asking the society not to restrain the house help of one of the residents, just because she feeds stray dogs on the society premises.
Bombay High Court Issues Notice On PIL Seeking Guidelines On Legal Assistance For Children Involved In Custody Matters, POCSO Cases

A PIL has been filed in the Bombay High Court seeking guidelines for framing a 'Child Legal Assistance Program' in the State for child custody, family court as well as POCSO cases. The petition also seeks the appointment of independent lawyers to represent children in custody matters.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday issued notices to the State, Registrar of Family Court Mumbai and Maharashtra State Legal Services Authority.

Badlapur Encounter: Parents Of Deceased Seek To Withdraw Case Against Cops, High Court Grills State On Why FIR Not Lodged Yet

The parents of the now deceased accused in the infamous Badlapur Sexual assault case on Thursday told the Bombay High Court that they no longer wish to pursue their petition seeking an independent investigation in the "custodial death" of their son.

Relief For Anil Ambani As Bombay High Court Stays Canara Bank's Order Classifying Reliance Comm Loan Account As 'Fraud'

In a relief to industrialist Anil Ambani, the Bombay High Court on Friday stayed an order passed by the Canara Bank by which it classified his loan account, related to Reliance Communications, as "fraudulent account."

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the action of the Bank was in contravention of the 'Master Circular' issued by the Reserve Bank of India (RBI) on fraud accounts and also in breach of the ruling of the Supreme Court.

'Genuine Issue': Bombay HC To Bar Council Of India In PIL For Permanent Grievance Committee For Women Advocates In State

In relation to a PIL seeking Permanent Grievance Committee for Women Advocates in the State Bar Council Offices, the Bombay High Court today orally remarked that this was a genuine issue and that Bar Council of India (BCI) should come up with a solution for the issue.

Society vs Dog Feeders: Bombay High Court Issues Contempt Notice To Resident Over Objectionable Letter Against Judges

The Bombay High Court on Friday issued a show-cause notice for criminal contempt of court, to a woman, who circulated a letter making 'objectionable and derogatory' comments against the Supreme Court as well as the HC after it (HC) passed an order against the society for disallowing house help of one of the residents to enter the society, as she fed stray dogs in the premises.

'Must Go Through What It Feels To Not Get Salary': Bombay HC Stops Salary Of Zilla Parishad CEO Upon Failure To Pay Teachers

In a significant order, the Bombay High Court after noting that the payments of some teachers were not paid despite clear orders, directed the Maharashtra government to stop the salary of the Chief Executive Officer (CEO) of the Solapur Zilla Parishad, for a month. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe orally said the CEO too must go through what it feels like not getting the salary.

Writ Petitions Being Filed Against Execution Orders Passed Under Maharashtra Co-Operative Societies Act, Generating Litigation: Bombay HC

In relation to the Maharashtra Co-operative Societies Act, 1960, the Bombay High Court on Monday (February 10) orally remarked that the Act seems to be generating litigation before the court and that it would interact with the Advocate General on the issue.

Plea In Bombay High Court Seeks Probe Into Alleged ₹16.6 Crore Fraudulent Bank Guarantees In Thane-Borivali Twin Tunnel Project

A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking an investigation by CBI or SIT into the alleged bank fraud guarantees accepted by the Mumbai Metropolitan Region Development Authority (MMRDA) from a private company, Megha Engineering Infrastructure Ltd (MEIL), for the construction of a Twin Tube Road Tunnel between Thane and Borivali worth around Rs.16,600.40 crore.

Bombay HC Issues Notice On Marathi Actor Urmila Kothare's Plea For Transfer Of Probe In Accident Case; Directs Preservation Of CCTV Footage

Popular Marathi actor Urmila Kothare, whose speeding car hit a labourer and killed him in December 2024, has approached the Bombay High Court seeking transfer of the probe to the Crime Branch of the Mumbai Police.

Dispute Over Demand Of $1.4 Billion Import Duty From Volkswagen Will Not Affect Its Production In India: Customs Dept Tells Bombay HC

The dispute with regard to the demand for USD 1.4 billion import duty from Skoda Auto Volkswagen India has not and will not affect the German company's production in the country, the Customs Department told the Bombay High Court on Monday.

A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla recorded the statement made by Additional Solicitor General N Venkatraman, who told the judges that from September 2024 (when the notice was issued to Skoda) till date, the Customs department has not stopped any consignment of the company and will also not be doing so, going forward.

1993 Bombay Blasts Case: Abu Salem Moves Bombay High Court Seeking 'Premature Release'

Underworld gangster Abu Salem, one of the prime convicts in the 1993 Mumbai bomb blasts case, has moved the Bombay High Court seeking remission and premature release from the prison at Taloja, where he is serving his life sentence for his role in the 1993 Mumbai blasts case.

Volkswagen Imports Upto 99.7 Per Cent Parts Of Cars, Can't Play Victim Card: Customs Dept Tells Bombay High Court

While justifying its demand of $1.4 billion customs from Skoda Auto Volkswagen India, the Customs Authority on Thursday told the Bombay High Court that the German automaker was importing upto 99.7 per cent of the parts of various models of cars to its manufacturing plant in Aurangabad and thus were effectively importing an entire car itself.

Prima Facie Unimpressed: Bombay HC On Volkswagen's Argument That Importing Parts Of Car Should Be Considered Import Of Individual Units

While hearing Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court orally expressed that it was prima facie not satisfied with Volkswagen's argument that importing several parts of car should be considered as importing 'individual units' of the car rather than a 'Completely Knocked Down' (CKD) unit, which is taxed at a higher rate.

Skoda-Volkswagen Case : Bombay High Court Asks Customs Dept To Explain How Show Cause Notice Isn't Time-Barred

In Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court today asked the Customs Authority to file an affidavit explaining why the September 2024 show-cause notice issued to the company is not barred by limitation.

Man Aquitted In 26/11 Mumbai Terror Attacks Case Moves Bombay High Court Seeking 'Right To Livelihood', Judge Recuses From Hearing Plea

One of the accused in the 26/11 Mumbai Terror Attack case - Fahim Arshad Mohammad Yusuf Ansari, who was acquitted from the case on May 6, 2010, has moved the Bombay High Court seeking a 'Police Clearance Certificate' so that he can engage in some employment to earn his livelihood.

Bombay High Court 'Shocked' As Thane Court Stays Magistrate's Finding That Badlapur Encounter Was Fake

The Bombay High Court on Thursday expressed 'shock' over a Thane Sessions Court judge, who stayed the 'findings' of a Magistrate Enquiry, which concluded that there was 'substance' in the allegations made by the parents of the accused in the Badlapur Sexual Assault Case that their son was killed in a 'fake encounter.'

Bombay High Court Flags 'Cut Copy Paste' Orders Being Passed By Banks To Declare Fraud Accounts; Asks Anil Ambani To Approach RBI

The Bombay High Court on Friday asked industrialist Anil Ambani to approach the Reserve Bank of India (RBI) to challenge the October 10, 2024 order passed by the Union Bank of India (UBI) by which it classified his loan account, related to Reliance Communications, as "fraudulent account." A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the banks were merely 'cut, copy and pasting' the opinion of the auditors and declaring accounts as fraudulent or defaulters, without applying their own minds and even without following the mandate in the latest Master Circular of the RBI.