Bombay High Court Weekly Round-Up: March 03 – March 09, 2025

Nominal Index:

Madhabi Puri Buch vs. State, 2025 LiveLaw (Bom) 81

Avinash Dhavji Naik & Anr vs. State of Maharashtra & ors., 2025 LiveLaw (Bom) 82

Devendra Patil vs State of Maharashtra, 2025 LiveLaw (Bom) 83

Sachin Hindurao Waze vs. Union of India, 2025 LiveLaw (Bom) 84

Kartik Radia vs. M/s. BDO India LLP and Anr., 2025 LiveLaw (Bom) 85

Adani Cementation Limited vs. Union Of India, 2025 LiveLaw (Bom) 86

Karan Johar vs India Pride Advisory Private Ltd , 2025 LiveLaw (Bom) 87

Devendra Darda vs. State of Goa & Anr., 2025 LiveLaw (Bom) 88

Judgments/Final Orders:

Bombay High Court Stays Special Court Order Directing Registration Of FIR Against Ex-SEBI Chief Madhabi Puri Buch, Other BSE Officials

Case title: Madhabi Puri Buch vs. State

Citation: 2025 LiveLaw (Bom) 81

The Bombay High Court has stayed the order of a special court, which directed the registration of an FIR against Ex-SEBI Chief Madhabi Puri Buch and whole-time members and also the top officials of the Bombay Stock Exchange.

Single-judge Justice Shivkumar Dige after hearing the arguments of solicitor general Tushar Mehta and Senior Advocates Amit Desai and Sudeep Pasbola, and also the complainant - Sapan Shrivastava, stayed the special court's order saying that the same was "mechanical."

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project

Case title: Avinash Dhavji Naik & Anr vs. State of Maharashtra & ors. 

Citation: 2025 LiveLaw (Bom) 82

The Bombay High Court has set aside an award of land acquisition of agricultural lands for the purpose of Navi Mumbai Airport Project at Vahal Village in Panvel District, noting that there were procedural lapses in the proceedings.

A division bench of Justice M.S.Sonak and Justice Jitendra Jain observed that the State authorities wrongly dispensed with the requirement of Section 5A of the Land Acquisition Act, 1894 by taking recourse to the 'urgency provision' under Section 17. The Court stated that the State did not issue any notification or direction to invoke Section 17.

Telling Someone That Respect For Dr.Ambedkar Has Reduced Because Of Followers Like Him Isn't Offence: Bombay High Court

Case Title: Devendra Patil vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 83

The Bombay High Court (Aurangabad Bench) quashed an FIR registered against a man over a phone call in which he told another person that respect for Dr.Babasaheb Ambedkar has reduced because of followers like the latter.

The Court opined that asking a follower of Dr Babasaheb Ambedkar why s/he is 'using' the leader's name when they cannot follow his footsteps, and saying that because of such followers, his (Ambedkar's) name is defamed, and that because of such followers, the respect for him has 'reduced' does not constitute an offence.

Bombay High Court Refuses To Order Release Of Dismissed Cop Sachin Waze In Antilia Bomb Scare Case

Case title: Sachin Hindurao Waze vs. Union of India

Citation: 2025 LiveLaw (Bom) 84

The Bombay High Court on Thursday dismissed the habeas corpus petition filed by former Mumbai Police police officer Sachin Waze, who sought his release in the Antilia Bomb Scare case alleging that his arrest was illegal. Notably, Waze was arrested by the National Investigation Agency (NIA) on March 13, 2021 for allegedly placing an explosive-laden vehicle near industrialist Mukesh Ambanis's residence Antilia in Mumbai. He was charged under Sections 16 and 18 of UAPA for the commission of terrorist activities.

LLP Can Be Bound By Arbitration Clause Despite Not Being Signatory To LLP Agreement: Bombay High Court

Case Title: Kartik Radia vs. M/s. BDO India LLP and Anr.

Citation: 2025 LiveLaw (Bom) 85

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mere fact that an LLP is not a signatory to an LLP Agreement does not, by itself, preclude it from being a party to arbitration proceedings initiated between Partners under the arbitration clause of such an agreement.

The Court observed that an LLP is not a “third party” to its LLP Agreement but an entity with rights and obligations vis-à-vis its partners as per the statutory scheme of the LLP Act. The Arbitral Tribunal, and not the Section 11 Court, has the jurisdiction to determine whether a party is a necessary or proper party to the arbitration.

Will Ease Road Congestion & Reduce Carbon Emission: Bombay High Court Permits Adani Cement To Cut Mangroves For Jetty Construction In Raigad

Case title: Adani Cementation Limited vs. Union Of India

Citation: 2025 LiveLaw (Bom) 86

The Bombay High Court has permitted Adani Cementation Limited to cut 158 mangroves for the purpose of construction of a jetty alongwith a conveyor corridor and approach road on the Amba River in Raigad District.

The High Court noted that Adani Cement has obtained necessary statutory permissions for cutting mangroves. The Court was of the view that the construction of jetty would achieve the object of easing congestion in roads and help in reduction of carbon.

Relief For Karan Johar As Bombay High Court Refuses To Permit Release Of 'Shaadi Ke Director Karan Aur Johar' Film

Case Title: Karan Johar vs India Pride Advisory Private Ltd 

Citation: 2025 LiveLaw (Bom) 87

In a big win for film-maker and producer Karan Johar, the Bombay High Court on Friday refused to lift the stay on the release of a film "Shaadi Ke Director Karan Aur Johar" which was imposed in June last year.

Single-judge Justice Riyaz Chagla said that the makers of the film 'unauthorisedly' by using Johar's name and personality attributes in the title of their film, prima facie, violated his personality rights, publicity rights and also his right to privacy.

'Glaring Case' Where Magistrate Acted Without Jurisdiction: Bombay HC Quashes Summons Issued To Lokmat Media's Director Devendra Darda

Case title: Devendra Darda vs. State of Goa & Anr.

Citation: 2025 LiveLaw (Bom) 88

The Goa Bench of the Bombay High Court recently set aside a Magistrate's order issuing summons to the Managing Director of Lokmat Media Private Limited, Devendra Darda, under the Working Journalist and Other Newspaper Employee (Conditions of Service) Act 1955.

While noting that the impugned order ought to have been challenged in a Revision Application before the Sessions Court, Justice Valmiki Menezes remarked that it was a “glaring case” where the Magistrate issued summons without any jurisdiction.

Other Orders/Observations:

Former SEBI Chief Madhabi Puri Buch, Two BSE Officials Approach Bombay High Court Against Special Court's Order To Lodge FIR Against Them

The Bombay High Court on Monday agreed to grant an urgent hearing to former Securities & Exchange Board of India (SEBI) Madhabi Puri Buch and also to two officials of the Bombay Stock Exchange (BSE), who have challenged the order of a special PMLA court that on Saturday ordered the Anti-Corruption Bureau, Mumbai to lodge an FIR against them.

Bombay High Court Reserves Order In Contempt Case Against Woman Who Called Court 'Dog Mafias' Over Dispute Between Society & Dog Feeders

While hearing the matter in which a contempt of court notice was issued against a Navi Mumbai-based society's female resident for making objectionable comments against judges over their order in favour of dog feeders, the Bombay High Court on Tuesday sought to know from where the woman conceived the idea of calling courts as 'dog mafias' and making other objectionable remarks against the courts.

Magistrate Report Not 'Material' To Book Cops For Alleged Fake Encounter In Badlapur, Will Decide After CID Probe: State To Bombay HC

On whether it will register an FIR based on the "findings" of an Enquiry Magistrate, who concluded that the five policemen killed the accused of the Badlapur Sexual Assault case in a "fake encounter", the Maharashtra government today told the Bombay High Court that it cannot say the report constituted "material" to comply with the mandate in the Lalita Kumari judgment (to lodge FIR).

Maha Govt Has Denied Sanction To Prosecute BJP's Ex-State VP Vikram Pawaskar For Hate Speech Against Muslims, Bombay High Court Told

The Bombay High Court on Wednesday was informed that the Maharashtra government has refused to grant sanction to 'prosecute' Vikram Pawaskar, the former BJP State Vice President, in two cases of 'hate speech' against the Muslim community.

Restaurant Service Or Bakery Product? Bombay High Court To Decide If Donuts & Cakes Should Be Taxed At 5% Or 18% Under GST

The Bombay High Court is to decide whether the donuts and cakes should be classified as restaurant service or a bakery product under Goods and Services Tax. The Division Bench of Justices B.P Colabawalla and Firdosh P. Pooniwalla were addressing the issue of whether the supply of donuts falls within the ambit of restaurant services under Service Accounting Code (SAC) 9963 or should be categorized as a bakery product subject to separate tax treatment under the Goods and Services Tax (GST) framework.

'Apologize To Public If National Cybercrime Helpline Doesn't Work': Bombay HC Summons Officials In Case Over Digital Arrest Of Senior Citizen

While hearing a petition filed by a septuagenarian woman, a victim of 'digital arrest' who lost Rs 32 lakhs, the Bombay High Court on Wednesday expressed displeasure over the fact that the national helpline number '1930' for 'cyber fraud' has not been working 'effectively.' A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale observed that the concerned authorities should either ensure the toll-free number 1930 works or just tell citizens that they can't help them.

Bombay High Court Reserves Verdict On Maintainability Of PIL Alleging ₹16.6 Crore 'Fraudulent' Bank Guarantees In Twin Tunnel Project

The Bombay High Court on Wednesday (March 05) reserved judgment in an interim application for dismissing a PIL seeking CBI or SIT investigation into the alleged bank fraud guarantees accepted by the Mumbai Metropolitan Region Development Authority (MMRDA) from a private company for the construction of a Twin Tube Road Tunnel between Thane and Borivali worth around Rs.16,600.40 crore.

Bombay High Court Restrains Entity From Using Trademark 'Deceptively Similar' To Hair Color Brand STREAX

The Bombay High Court on Wednesday (March 5) restrained an entity from using a trade mark which is 'deceptively similar' to hair colour brand - 'Streax.' Single-judge Justice Manish Pitale in his order, noted that the plaintiff - Hygienic Research Institute Private Limited owner of the trademark 'Streax' successfully brought on record the fact that it has been using this trademark since July 1, 2002 while the defendant company trademark 'Streak Street' was registered only in 2018.

'Police Can't Say It Has "Bigger Scams" To Unearth': Bombay HC Pulls Up Cops For Delay In Probing Case Of Sr Citizen Who Lost ₹32 Lakhs To Cyber Fraud

While hearing the petition filed by a septuagenarian woman, who was kept in 'digital arrest' and duped of Rs 32 lakhs, the Bombay High Court on Thursday pulled up the police officers of the Mumbai Police who initially refused to lodge the FIR and then conducted a 'shabby probe.'

Bombay High Court Issues Notice On PIL Seeking Allotment Of Land For Labour Court In Solapur

A Public Interest Litigation (PIL) has been filed before the Bombay High Court seeking allotment of land for an Industrial Court in Solapur. A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre issued notice to the State and sought its response.