Read Time: 21 minutes
1. [Remarks Against The Dead] A division bench of the Bombay High Court last week sought Central Government and State Government's response to the PIL seeking guidelines for derogatory remarks against the dead persons on social media and press. The high court was hearing a Public Interest Litigation filed by Sandip Marve, trustee secretary of Maharashtra Gandhi Samrak Nidhi (MGSN). The plea also sought to allow followers of people of historic importance to file cases under sections 499 and 500 of IPC which currently only close relatives could file.
Bench: Chief Justice Devendra K Upadhyaya and Justice Arif Doctor.
Case title: Kumar Saptarshi & Ors vs State of Maharashtra & Ors.
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2. [UBT MLA] A division bench of the Bombay High Court last week reserved its judgment on Monday in the plea filed by UBT MLA Ravindra Waikar. The plea challenges the Municipal Corporation of Greater Mumbai's (MCGM) decision to deny permission for the development of his 5-Star Hotel in Jogeshwari. Additionally, the high court division bench rejected an intervention application from BJP Leader Kirit Somaiya. Somaiya had lodged a complaint against UBT leader Ravindra Waikar, alleging that Waikar had withheld crucial information while seeking permission.
Bench: Justice SB Shukre and Justice Rajesh Patil.
Case title: Ravindra D Waikar vs MCGM.
3. [Fraud on Court] A division bench of the Bombay High Court recently held that the doctrine of fraud on the court pertains to the concealment of significant facts or documents capable of influencing the court's decision. The high court considered a review plea filed by the Indian Oil Corporation, in which the corporation argued that the petitioner had not revealed the existence of a previous writ petition, which formed the basis for the petitioner's subsequent letter seeking employment from the corporation. The corporation contended that this omission amounted to fraud being played on the court.
Bench: Justice Sunil B Shukre and Justice Bharati Dangre.
Case title: IOC vs Dattatray Eknath More & Ors
4. [Nigerian Woman Bail] A single judge of the Bombay High Court has recently granted bail to a Nigerian woman who had been booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and had been in custody for a period of five years.The high court was hearing a bail plea from a Nigerian woman who had been booked under the NDPS Act by the police following the seizure of 225 grams of cocaine. According to the prosecution's argument, on February 9, 2019, Police Inspector Daya Nayak received confidential information that three Nigerian nationals were expected to gather near Mourya Landmark between 8:30 PM and 9:30 PM for a cocaine sale.
Bench: Justice Anuja Prabhudesai.
Case title: Karla Pinto Iris vs State of Maharashtra.
5. [Eknath Shinde] A division bench of the Bombay High Court commented last week that filing a PIL solely based on a morning newspaper article is not sufficient. The high court was hearing a PIL that called for an investigation into the utilization of funds by Maharashtra Chief Minister Eknath Shinde for the Dussehra Rally at BKC. During the proceedings, the bench directed a query at Advocate Shaila Kante, representing the petitioner, regarding the source of the PIL. In response, she stated that the information was garnered from newspaper and media accounts
Bench: Chief Justice Devendra Upadhyaya and Justice Arif Doctor.
Case title: Deepak Dilip Jagdev vs Eknath Shinde & Ors.
6. [Gauatm Navlakha] Additional Solicitor General Devang Vyas appearing for the National Investigating Agency last week abefore the division bench of the Bombay High Court that Gautam Navlakha was part of the conspiracy within the larger conspiracy in the Bhima Koregaon Violence. Additional Solicitor General Devang Vyas was addressing his arguments during the hearing of a regular bail application submitted by Gautam Navlakha, one of the accused in the Bhima Koregaon case. Navlakha had appealed to the high court following the second dismissal of his plea by the Special NIA Court in April 2023.
Bench: Justice AS Gadkari and Justice SG Dige.
Case Title: Gautam Navlakha vs National Investigating Agency.
7. [Assault On School Staff] A division bench of the Bombay High Court has asked the state government to process the medical bills of an employee who suffered an assault by the headmaster of a government-aided school. The court’s attention was drawn to a plea lodged by the employee-petitioner of the said school, who had been denied compensation for medical expenses following the assault. The incident had led to the registration of a First Information Report (FIR), and subsequent arrest of the headmaster, although he was later released on bail.
Bench: Justice GS Patel and Justice Neela Gokhale.
Case title: Mahajan Mattu Prajapati vs State of Maharashtra
8. [Archeological Value of High Court] A division bench of the Bombay High Court last week while hearing plea regarding allotment of land for the new high court building remarked that the heritage of the high court needed to be maintained. The high court was hearing a contempt petition filed by Advocate Ahmad Abdi following the high court's direction to the state government for the allotment of the land for the new high court building. Advocate General, Birendra Saraf, informed the high court that a High Powered Committee (HPC) was already formed and was looking into the issue of constructing the new land.
Case title: Ahmad Abdi vs State of Maharashtra.
9. [Death Due To Pothole] A division bench of the Bombay High Court last week formed a commission of 2 lawyers to inquire into the death of a 32-year-old biker who allegedly died while dodging a pothole in Kalyan. The high court was hearing a contempt petition filed by Ruju Thakker who claimed that the Municipal Corporation was in contempt of the high court judgement passed in 2013 in a Public Interest Litigation. The high court established the commission following the counsel's assertion, representing the Kalyan Dombivali Municipal Corporation, that the biker's death was attributed to factors other than potholes.
Case title: Ruju R Thakker vs State of Maharashtra & Ors.
10. [Security Saibaba Temple In Shirdi] A division bench of the Bombay High Court in Aurangabad has recently asked the Registrar General of Andhra Pradesh to provide security details from Tirumala Tirupati Devasthan for the Shrine of Shree Saibaba Sansthan in Shirdi. The high court hearing a Public Interest Litigation (PIL) that focused on enhancing the security measures at the Holy Shrine of Shree Saibaba Sansthan in Shirdi. The PIL sought to ensure the implementation of a foolproof security system to effectively address any potential threats or unforeseen incidents.
Bench: Justice Ravindra V Ghuge and Justice YB Khabragade.
Case title: Sanjay Bhaskarrao Kale vs UOI & Ors.
11. [Nitin Desai Suicide Case] A division bench of the Bombay High Court last week refused interim relief to the officials of the Edelweiss group and has issued notice to the respondent in the Nitin Desai Suicide Case. Senior Advocate Amit Desai appearing for the Chairman and CEO of the Edelweiss Financial Service Limited sought urgent interim relief from coercive action. Public Prosecutor Aruna Pai appearing for the state informed the court that the FIR was registered in the last week itself and the investigation was going on. The division bench said that the bench will consider interim relief on the next hearing.
Bench: Justice Nitin W Sambre and Justice RN Laddha.
Case title: Edelweiss Financial Services & Ors vs State of Maharashtra.
12. [State Govt & Potholes] A division bench of the Bombay High Court last week told the state government on Friday that it is not the court's duty to issue orders regarding potholes in the city; rather, it is the state's responsibility to address this issue. The high court was hearing a contempt petition filed by one Ruju Thakker who alleged that the state government were in violation of a court order issued during the Public Interest Litigation of 2013. Iqbal Chahal, the Municipal Commissioner of BMC, along with five other municipal commissioners, was summoned to address the court. Chahal informed the court that the deteriorating condition of the road was a result of the heavy rainfall Mumbai experienced over a span of five weeks.
Case title: Ruju Thakker vs State of Maharashtra.
13. [POCSO] A division bench of the Bombay High Court at Aurangabad has recently upheld the life imprisonment awarded to a father whose daughter delivered a baby at the age of 15 years after being raped by his father. The division bench while upholding the conviction said that the trial court should have considered the death sentence since it was the rarest of the rare case. The high court was hearing an appeal filed by a father against the judgement of the Special POCSO Court awarding life imprisonment to him for raping his daughter.
Bench: Justice Vibha Kankanwadi and Justice Abhay Waghase.
Case title: XYZ vs State of Maharashtra.
14. [LGBTQ] A division bench of the Bombay High Court last week asked the State Government that it will consider forming a panel for developing the guidelines regarding the sensitization of police for dealing with cases related to missing complaints filed by parents of LGBTQ community. The high court was hearing a plea filed by a lesbian couple seeking protection from one of their families who opposed their relationship. One of the girls, hailing from a state in North India, had her family file a missing complaint.
Bench: Justice Revati Mohite Dere and Justice Gauri Godse.
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