Parents Merely Stating That 'Daughter Was Unhappy' And 'Often Wept' Insufficient To Convict In-laws & Husband U/S 498A IPC: Bombay High Court

The Bombay High Court has held that the in-laws or husband of a woman cannot be convicted under charges of cruelty punishable under section 498-A (cruelty) of the Indian Penal Code (IPC) merely on the basis of the statements of the wife's parents that their daughter was 'unhappy' in the marriage and often 'wept' in front of them due to the alleged harassment by her in-laws. Single-judge...

Police Cannot Intimidate Lawyers, Force Them To Disclose Details Of Communication With Clients: Bombay High Court

The Bombay High Court on Tuesday while imposing a cost of Rs 25,000 on a police officer made it clear that the police cannot insist lawyers to disclose details of their 'privileged' communication with their clients. A division bench of Justices Revati Mohite-Dere and Sandesh Patil were irked to note that an officer of the Matunga Police Station in Mumbai, issued at least six notices to...

'Multi-Year Tariff Cannot Be Amended Without Hearing Stakeholders': Bombay High Court Sets Aside Electricity Regulatory Commission Order

The Bombay High Court held that the Maharashtra Electricity Regulatory Commission (MERC) could not amend or review a Multi-Year Tariff (MYT) order without first providing notice and a meaningful opportunity of hearing to all affected stakeholders. The Court observed that when the due procedure was followed by the MERC in passing the original MYT order, the same procedure should have been...

Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN

The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed...

Leave Under Clause 12 Of Letters Patent Not Required For Filing Suits U/S 19 CPC: Bombay High Court

The Bombay High Court has held that leave under Clause 12 of the Letters Patent is not required for instituting a suit in the High Court's original civil jurisdiction when the case falls under Section 19 of the Code of Civil Procedure (CPC), i.e., for compensation for wrongs done to a person or movable property. The Court clarified that Clause 12 applies only to suits covered under Sections...

BMC Circular Banning Cooking On Footpaths Using Gas Or Grill Not Applicable To Vendors Using Induction Cooking: Bombay High Court

The Bombay High Court on Monday (November 3) held that the Circular issued by the Brihanmumbai Municipal Corporation (BMC) in 2018 prohibiting cooking of eatables on footpath with the help of gas, stove or grill, will not apply on food joints like the popular 'Jai Jawan' which are using electronic induction vessels.With this finding, single-judge Justice Firdosh Pooniwalla came to the rescue...

Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack

The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme...

Bombay High Court Dismisses Writ Petition By Akasa Air Pilot Challenging ICC Report Over Denial Of Hearing In POSH Case

The Bombay High Court held that the mere absence of an opportunity to cross-examine witnesses in proceedings under the POSH Act does not automatically vitiate the inquiry, particularly where the foundational facts are admitted and no prejudice is demonstrated. The Court observed that proceedings before the Internal Complaints Committee (ICC) are fact-finding in nature and are not bound by...

Bombay High Court Grants Bail To Kafeel Ahmad, Prime Accused In 2011 Mumbai Triple Blasts Case

The Bombay High Court on Tuesday granted bail to Kafeel Ahmad Mohammad Ayub, one of the prime accused in the 2011 Triple Bomb Blast Case in which at least 21 people died while hundreds were left injured in Mumbai.A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale considered the fact that the trial in the case is yet to commence and that Kafeel has already spent around 13 years...

Bombay High Court Lifts Stay On Trial Against Abu Jundal In 26/11 Mumbai Terror Attacks Case

Clearing the decks for the second phase of trial in the 26/11 Mumbai Terror Attacks case, the Bombay High Court on Monday (November 3) set aside a special court's order which had in 2018 stayed the trial against Zabiuddin Ansari alias Abu Jundal, the alleged handler of the 10 Pakistani terrorists who had entered the city.Single-judge Justice RN Laddha quashed and set aside the special...

Divorce Cannot Be Granted Merely Because One Party Remains Absent; Court Must Assess Evidence Even In Ex Parte Proceedings: Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be passed merely because one of the parties remains absent or fails to file a written statement. The Court observed that even in ex parte proceedings, the trial court must independently assess the petitioner's evidence and record findings based on the merits before dissolving a marriage.A Division Bench of Justice Revati Mohite...

Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court

The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit...