Bombay High Court Weekly Round-Up: June 09 - June 15, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 206 to 2025 LiveLaw (Bom) 213]

Anirudh Prataprai Nansi vs Union of India, 2025 LiveLaw (Bom) 206

Rekha P Thapar vs State of Maharashtra, 2025 LiveLaw (Bom) 207

Santosh Savlaram Morajkar vs Sumitra Savlaram Moraskar, 2025 LiveLaw (Bom) 208

M/s. Krishna Constructions vs Subhash Uttam Dalvi, 2025 LiveLaw (Bom) 209

Ankur Narayan Panwar vs State of Maharashtra, 2025 LiveLaw (Bom) 210

Anil Dhanraj Jethani vs Firoz Nadiadwala, 2025 LiveLaw (Bom) 211

TikTok Limited vs Registrar of Trade Marks, 2025 LiveLaw (Bom) 212

Rashtrasant Tukdoji Maharaj Technical and Education Society vs Indira Madhukar Muraskar, 2025 LiveLaw (Bom) 213

Judgments:

Denying Full Reimbursement For Retd Govt Employee's Heart Surgery Violates His Human Rights: Bombay High Court

Case Title: Anirudh Prataprai Nansi vs Union of India

Citation: 2025 LiveLaw (Bom) 206

Refusing full reimbursement of the medical expenses to a public servant, who underwent a critical 'heart transplant' surgery not only violates his fundamental rights but strikes at the very essence of the human rights, said the Bombay High Court while directing Centre to reimburse Rs. 22 Lakhs to a retired Excise and Customs Officer.

Bombay High Court Orders BMC To Pay ₹50 Lakh Each To Families Of Victims Killed In 2015 Hotel City Kinara Fire

Case Title: Rekha P Thapar vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 207

The Bombay High Court on Tuesday (June 10) while holding the Brihanmumbai Municipal Corporation (BMC) responsible for the death of eight youngster, who died in a tragic fire that broke out in a eatery in Mumbai and therefore ordered the civic body to pay Rs 50 lakh to the families of each of the victims.

Advocates Have Right To Plead On Behalf Of Parties In Senior Citizen Maintenance Tribunals : Bombay High Court

Case Title: Santosh Savlaram Morajkar vs Sumitra Savlaram Moraskar

Citation:2025 LiveLaw (Bom) 208

In a significant ruling, the Goa bench of the Bombay High Court recently held that whenever an advocate puts in an appearance for any of the parties before a Maintenance Tribunal, under the Maintenance and Welfare of Parents and Senior Citizens Act, s/he will have the right to be heard and to plea before the said tribunal.

Promoter Need Not Seek Consent For Additional Construction If Full Project Is Disclosed At Agreement Stage: Bombay High Court

Case Title: M/s. Krishna Constructions vs Subhash Uttam Dalvi

Citation: 2025 LiveLaw (Bom) 209

The Bombay High Court stated that promoter need not seek consent for additional construction if full project disclosed at agreement stage. “Once the entire project is placed before the flat takers at the time of the agreement, then the promoter is not required to obtain prior consent of the flat takers as long as the builder puts up additional construction in accordance with the layout plan, building rules and Development Control Regulations” stated the bench.

Preeti Rathi Acid Attack & Murder Case: Bombay High Court Rejects Convict's Plea For Transfer To 'Open Prison' Citing Discipline Issue

Case Title: Ankur Narayan Panwar vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 210

Every prisoner must follow the rules and regulations especially the ones pertaining to 'behaviour' and no prisoner can be allowed to bring prohibited articles in the jail, the Bombay High Court held recently while dismissing a plea filed by Ankur Panwar, the convict in the infamous Preeti Rathi Acid Attack case.

Formal Service Of Writ Of Summons Not Required In Transferred Suit If Appearance Made At Interlocutory Stage: Bombay High Court

Case Title: Anil Dhanraj Jethani vs Firoz Nadiadwala

Citation: 2025 LiveLaw (Bom) 211

The Bombay High Court stated that formal service of writ of summons not required in transferred suit if appearance made at interlocutory stage. The Bench of Justice Abhay Ahuja stated that “since the rigours of the Commercial Courts Act and the amended CPC in relation to the service of summons do not apply to transferred Suits and considering that the captioned Suit was a regular Suit filed before the enactment of the Commercial Courts Act to which the Commercial Courts Act become applicable and that the Defendant No.1 had already entered an appearance at the interlocutory stage / filed Vakalatnama, there is no need for the Plaintiffs to thereafter serve a writ of summons as the object of serving writ of summons has been satisfied.”

Bombay High Court Upholds Order Refusing To Declare 'TikTok' As Well Known Trademark Owing To Its Ban In India

Case Title: TikTok Limited vs Registrar of Trade Marks

Citation: 2025 LiveLaw (Bom) 212

The Bombay High Court recently refused to quash and set aside an order passed by the Registrar of Trade Marks, which refused to recognise "Tik Tok" as a well known Mark under the Trade Marks Act, noting that the social media application is banned in India.

Voluntarily Abandoning Service Is Not Retrenchment: Bombay HC

Case Title: Rashtrasant Tukdoji Maharaj Technical and Education Society vs Indira Madhukar Muraskar

Citation: 2025 LiveLaw (Bom) 213

Bombay High Court: A single judge bench consisting of Justice Anil L. Pansare set aside multiple Industrial Court orders that had directed the reinstatement and back wages of several employees. These employees were absent from duty without notice. The court held that prolonged absence despite repeated calls amounted to voluntary abandonment of service, and not termination. Thus, the court held that retrenchment procedure under the Industrial Disputes Act was not applicable.

Other Developments:

PoP Idols Shall Not Be Immersed In Any Natural Water Body: Bombay High Court

The Bombay High Court on Monday (June 9) said that it will not permit immersion of any Plaster of Paris (PoP) idol in natural water bodies at any cost. A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said it will not permit any PoP idol to be immersed in natural water bodies. While dictating the order the court said, "We therefore, deem it appropriate to direct the State to take a decision w.r.t. to immersion of idols made of PoP in light of the recommendations made by the CPCB expert committee...needless to state that it will be open for associations or artisans to make idols of PoP however the same shall not immersed in any natural body."

Maratha Reservation Challenge : Bombay High Court Allows 10% Quota This Year Subject To Outcome; Will Hold Saturday Hearings

A newly constituted Bombay High Court's three-judge bench on Wednesday observed that the interim order passed last year allowing the Maratha community to avail 10% reservation in education and employment will continue this year as well, subject to the final outcome of the petitions challenging the 2024 Maratha quota law.

Don't Want To Create A Class Among Litigants: Bombay High Court Stops Practice Of Placing Matters 'High On Board'

In a bid to avoid misconceptions against the judiciary, the Bombay High Court on Wednesday (June 11) said that it has done away with the practice of placing certain matters "High on Board" in the daily list of cases to be heard.

Baba Ramdev's Patanjali Foods Move Bombay High Court Seeking Removal Of Encroachers From Its Land

Baba Ramdev's Patanjali Foods Private Limited has approached the Bombay High Court seeking a direction to the Maharashtra government and its authorities to remove the illegal encroachments on several of its lands situated in Khalapur in Raigad district near Navi Mumbai.

Bombay High Court Defers Celebi's Plea Against Contract Termination By Mumbai Airport, Awaits Delhi HC Verdict In Similar Case

The Bombay High Court on Friday adjourned till July 10, the hearing in the petition filed by Turkey-based company Celebi's Indian subsidiary - Celebi NAS, which has challenged the termination of its services by the Mumbai International Airport Limited (MIAL).