Bombay High Court Weekly Round-Up: February 17 – February 23, 2025

Nominal Index:

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

Judgments/Final Orders:

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.

Other Orders/Observations:

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.