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1. [Felling of 177 Trees At Aarey] The Bombay High Court recently prevented the Mumbai Metro Rail Corporation Ltd (MMRCL) from cutting down 177 trees in Aarey, Mumbai for the metro rail project until it seeks clarification from the Supreme Court. The high court expressed its concern about interpreting an order of the Supreme Court, especially since the matter was still pending before the Supreme Court
Bench: ACJ SV Gangapurwala and Justice Sandeep Marne
Cause Title: Zoru Darayus Bathena vs Tree Authority, MCGM, Mumbai
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2. [Amruta Fadnavis Extortion Case] The Bombay High Court recently dismissed the plea filed by bookie Anil Jaisinghani in the FIR registered by the Mumbai Police on a complaint made by Amruta Fadnavis, wife of Deputy Chief Minister of Maharashtra Devendra Fadnavis. The high court while dismissing the petition said that the plea was devoid of merits.
Cause Title: Anil Jaisighani vs State of Maharashtra
Bench: Justice GS Gadkari and Justice PD Naik
3. [MLD Funds For MLA] The Bombay High Court recently directed the Maharashtra government to refrain from disbursing any remaining amount from the Maharashtra Local Development (MLD) funds for the financial year 2022-23 to Members of the Legislative Assembly (MLAs) until further notice. The high court was hearing a plea filed by MLA Ravindra Waikar belonging to the Uddhav Thackeray faction of the Shiv Sena, who sought equal allocation of MLD funds to all MLAs without any discrimination on the basis of political affiliations.
Cause Title: Ravindra Dattaram Waikar vs State of Maharashtra & Ors.
Bench: Justice GS Kulkarni and Justice RN Laddha
4. [Better Technology Cannot Be Avoided For Extra Cost] The Bombay High Court recently observed that Mumbai experiences heavy monsoons every year, so mere incurring of extra cost would not be a valid reason to not adopt better technology to rehabilitate 100-year-old stormwater arch sewers in Mumbai. The high court was hearing a petition was filed by a company aggrieved by the decision of the Municipal Corporation in choosing ‘Geopolymer Lining Trenchless Technology’ (geopolymer technology) for the execution of the work of rehabilitation of 100-year-old stormwater arch drains.
Cause Title: Gypsum Structural India Pvt. Ltd. &Anr. vs. Brihanmumbai Municipal Corporation & Ors.
5. [Widow’s Remarriage Not A Ground To Deny Compensation] The Bombay High Court has recently ruled that the remarriage of a widow whose husband died in an accident is not sufficient ground to deny her compensation claim under the Motor Vehicles Act. Justice S.G. Dige observed, "At the time of the accident, she was the legally wedded wife of the deceased, which is a sufficient ground for entitlement to compensation."
Cause Title: The Iffco Tokio General Insurance Company Ltd. vs. Smt Bhagyashri Ganesh Gaikwad & Ors.
Bench: Justice SG Dige
6. [Quashing of Rape FIR After Parties Compromise] The Bombay High Court recently quashed an FIR against a man who was booked for raping a girl. Court also directed the accused to pay a sum of Rs. 25000 to the Central Police Welfare Fund. The accused was booked under the Indian Penal Code for raping the victim on the pretext of marriage and taking Rs. 4.39 Lakh from her.
Cause Title: Tarun Pratapmal Lohar vs State of Maharashtra
Bench: Justice AS Gadkari and Justice PD Naik
7. [Suo Moto Action Against Lawyer by BMCG] The Bar Council of Maharashtra and Goa has initiated disciplinary proceedings against a Mumbai-based lawyer, Mursalin Shaikh, for filing "a frivolous" Public Interest Litigation (PIL) against a sitting judge of the Bombay High Court, Justice Revati Mohite Dere
8. [Anil Ambani & Black Money Act] The Bombay High Court granted interim protection to Anil Ambani till further orders in proceedings initiated against him by the tax department under the Black Money Act. The tax department issued notice to Ambani for evasions of Rs 420 crores tax of the undisclosed fund of Rs 814 crores. The department alleged that there was a wilful and intentional evasion of tax and non-disclosure of foreign assets by Ambani.
Cause Title: Anil Dhirajlal Ambani versus Union of India & Ors
Bench: Justice GS Patel and Justice Neela Gokhale
9. [Divorce Decree Passed By Family Court In United Kingdom] The Bombay High Court recently confirmed a divorce decree passed by the Family Court at South West Divorce Unit, United Kingdom while observing that the decree was not opposed to public policy. The high court was hearing an application filed by a husband seeking the confirmation of the decree of divorce issued by the Family Court at South West Divorce Unit, UK. The husband had also sought a direction for the Civil Registrar to cancel the entry from the Register of Marriages.
Cause Title: ABC vs XYZ
Bench: Justice MS Karnik
10. [Dawoodi Bohra Succession] The Bombay High Court after 8 years, reserved verdict in the suit filed by Syedna Taher Fakhruddin challenging the appointment of the current leader of the Dawoodi Bohra Community, Syedna Mufaddal Saifuddin. The high court was hearing a suit filed by half-brother of 52nd Dai-al-Mutlaq, Syedna Mohammad Burhanuddin, challenging succession of Mufaddal Saifuddin after the death of Syedna.
Cause Title: Taher Fakhruddin Saheb Alias Taherbhai K Qutbuddin vs Mufaddal Burhanuddin Saifuddin
Bench: Justice GS Patel
11. [Ganja Does Not Include Seeds, Leave And Stalks While Deciding Culpability] The Bombay High Court has ruled that Ganja means the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the top. In November 2020, the complainant had found the applicant moving around suspiciously with two travel bags and he tried to run away when the police approached him. The bags were seized and opened in presence of Panchas.
Cause Title: Ibrahim Khwaja Miya Sayyed @Raju vs. The State of Maharashtra
Bench: Justice Anuja Prabhudessai
12. [Section 313 CrPc: Remission To Trial Court] The Bombay High Court recently remitted a case pertaining to rape of a young girl by her 19-year-old brother to the Mangaon sessions court in the Raigad district of Maharashtra. The trial court was directed to proceed afresh from the stage of recording the statement of the two accused under Section 313 of the Criminal Procedure Code (CrPC).
Cause Title: ABC vs State of Maharashtra
Bench: Justice Bharathi Dangre
13. [Discharge of Rape Accused] The Bombay High Court recently allowed a revision application and discharged a rape accused while observing that merely because the relationship between the accused and the victim had turned sour, it could not be inferred that the physical relationship established with victim, on every occasion, was against her will and without her consent.
14. [FIR Against Bengaluru Resident] The Bombay High Court recently quashed an FIR filed against a Bengaluru resident who was booked for obstructing a public servant by sending a message to a member of IAS. The high court was hearing a plea filed by a Bengaluru resident who had sent a message to the Managing Director of Mumbai Metro Rail Corporation Ashwini Bhide saying that the Aarey Forest was green lungs for the city of Mumbai just as Cubbon Park is for the city of Bengaluru and, therefore, he pleaded with the IAS officer to look for alternatives so that the trees, about 3,500 in number, could be saved.
Cause Title: Avijit Michael vs State of Maharashtra
Bench: Justice Sunil Shukre and Justice MM Sathaye
15. [Obscene Act In Bar] The Bombay High Court has recently quashed an FIR that was registered in 2018, against a 35-year-old who had entered a dance bar where obscene acts were being committed. The plea was filed on the grounds that the accused had been falsely implicated in the case, despite being a mere customer who visited the restaurant around 10:15 pm to have dinner and a cup of tea.
Cause Title: Prince Kanti Makwana vs State of Maharashtra & Anr
16. [Fake Vaccination Camp] The Bombay High Court has granted bail to a doctor and a pharmacist of Shivam Hospital at Kandivali who were accused in the fake vaccination camps at Hiranandani Society in Poisur. A total of 390 members of the said society received their vaccine doses at the said vaccination camp however, despite the members making their payment for receiving the vaccines they were not issued receipts for the payment, and instead directed the society members to make the payment to another accused.
Cause Title: Shivraj Pataria & Anr vs State of Maharashtra
17. [Gunratan Sadavrte] The Bombay High Court has directed Mumbai lawyer Gunratan Sadavarte to approach the Bar Council of India (BCI) regarding his two-year suspension from practicing law by the Bar Council of Maharashtra and Goa's disciplinary committee. The complaint claimed that Sadavarte wore a black coat with a band at public events, including an agitation by MSRTC employees. The high court declined to stay the proceedings and the disciplinary committee suspended Sadavarte's license for two years after holding proceedings.
Cause Title: Gunratan Sadavarte vs Bar Council of Maharashtra & Goa
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