Bombay High Court Objects To Trial Court Granting Bail To Rape Accused On Ground Of His Upcoming Marriage

The Bombay High Court on Tuesday (September 1) cancelled the bail granted to a man booked in a gang rape case by a trial court on the ground that his marriage was scheduled to take place and that there were no injuries on the victim's private parts.Single-judge Justice Dr Neela Gokhale noted that the Additional Sessions Judge at Dindoshi (Borivali Division) had on February 24, 2025 granted bail to one Aakash Bindu on the ground that his marriage was to take place in the first week of March...

Trial Court Cannot Decide Application For Amendment Of Plaint Without Considering Application For Return Of Plaint: Bombay High Court

The Bombay High Court has held that when a defendant files an application for return of the plaint under Order VII Rule 10 CPC, the Trial Court must first examine that application before considering any amendment sought by the plaintiff. The Court emphasised that jurisdiction cannot be conferred on a Court by way of amendment if it inherently lacks jurisdiction at the time of filing of the plaint.Justice Valmiki Menezes was hearing a writ petition filed challenging the order dated 6 June 2025...

Bombay High Court Refuses To Allow Bhima Koregaon Accused Dr Anand Teltumbde To Travel Abroad For Delivering Lectures

After the Bombay High Court on Wednesday expressed disinclination to permit rights' activist Dr Anand Teltumbde to travel to Amsterdam and the United Kingdom for attending academic assignments, the accused in the Elgar Parishad - Bhima Koregaon case, withdrew his plea.A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale while expressing it's view against permitting Teltumbde, asked him to consider delivering lectures virtually. "Either give virtual lectures or don't go," Justice...

Bombay High Court Quashes Bank Of India Order Classifying Naresh Goyal's Loan Account As 'Fraud'

The Bombay High Court recently quashed and set aside a show cause notice issued to Jet Airway's founder Naresh Goyal, by which the Bank of India (BoI) classified his loan account as 'fraud.'A division bench of Justices Riyaz Chagla and Farhan Dubash noted that the Bank did not provide an opportunity to Goyal to represent against the July 1, 2025 show cause notice classifying his account...

Bombay High Court Orders Pulling Down Of Social Media Posts Labelling Malabar Gold As "Sympathiser Of Pakistan"

The Bombay High Court on Monday (September 29) in an ad-interim order, directed various social media platforms to pull down the defamatory posts against jewellery brand Malabar Gold and Diamonds, which is being labelled as a 'Sympathiser of Pakistan' by netizens for engaging a Pakistani social media influencer to promote it's brand in London.Notably, the plaintiff - Malabar Gold and...

Bombay High Court Issues Notice On Plea By Filmmaker Challenging CBFC's Objection To Use Of 'Janki & Raghuram' In Movie

The Bombay High Court on Monday issued a notice to the Central Board of Film Certification (CBFC) asking it to respond to the petition filed by the makers of the Chhattisgarh based film 'Janki' which is objected to because of its title and also to the names of the lead actors in the film.The CBFC, according to the makers, have objected to the title of the film 'Janki' as it is the name to...

POCSO FIR Can't Be Quashed Only Because Victim And Accused Have Married And A Child Is Born: Bombay High Court

Just because a minor girl has fallen in love with an adult man and their families have got them married and she has given birth to a child does not mean that the offences under the Protection Of Children from Sexual Offences (POCSO) Act are not made out, the Bombay High Court held on Friday (September 26).A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande refused to quash...

Denial Of Re-Testing Of Seized Goods Must Be Occasional And Recorded In Writing: Bombay High Court

The Bombay High Court has held that re-testing of seized goods is a trade facilitation measure, not to be denied in the ordinary course. Justices M.S. Sonak and Advait M. Sethna stated that "...Ultimately, such denial must be only occasional and that too, on reasonable grounds to be recorded in writing. The guidelines emphasised that this facility of re-testing is nothing but a...

Individual Flat Owners Forming Cooperative Society Are Bound By Arbitration Clause Contained In Sale Agreement: Bombay High Court

The Bombay High Court bench of Justice N.J. Jamadar has observed that when individual flat owners form a cooperative society to enforce rights created in favour of the individual members under the Agreements for Sale, the society cannot claim that it is not bound by the arbitration clause contained in those Agreements. The argument that it is not a signatory to the Agreements for...

Wife Cannot Be Disentitled From Claiming Right In Husband's Family Pension Merely On Allegations Of Adultery: Bombay High Court

In a significant order, the Bombay High Court on Friday held that merely levelling allegations of "adultery" against a woman cannot disentitle her from claiming a right in her deceased husband's family pension under the Maharashtra Civil Services (Pension) Rules, 1982 (MCSR).A division bench of Justices Manish Pitale and Yanshivraj Khobragade therefore, refused to grant any relief to the...

Pending Proceedings Under Omitted CGST Rules 89(4B) & 96(10) Lapse In Absence Of Savings Clause: Bombay High Court

The Bombay High Court has held that all pending proceedings under the omitted CGST Rules 89(4B) & 96(10) lapse in the absence of a savings clause. The bench agreed with the assessee/petitioners that the provisions of Section 6 of the General Clauses Act are not attracted and therefore the pending proceedings can claim no immunity or protection. Unless the Respondents...

'Abusing Community Leader Not Insult To Religion': Bombay High Court Quashes FIR U/S 295A IPC For Insulting Maratha Leader Manoj Jarange

A person may represent a religion in certain ways but s/he does not become a 'religion' himself, the Bombay High Court observed while holding that any abuse or use of disrespectful words for a socio political figure cannot be equated with insult to faith.A division bench of Justices Vibha Kankanwadi and Hiten Venegavkar, sitting at Aurangabad, quashed an FIR lodged against a man, booked...