This year the Bombay High Court dealt with several heart-wrenching matters to some very pertinent and significant decisions for the society at large. Let’s sail into these 124 Judgments carefully selected and briefed in the year 2021.
These reports are categorised into over 90+ topics.
Transgender’s Right to Contest Election
Can a transgender contest election from a seat reserved for women candidates? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”
A Vacation Bench of Bombay High Court allowed the petitioner, a transgender person, to contest the panchayat elections from a seat reserved for women candidates.
Sexual Assault
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“Opening zip of pants”, Does it NOT “fit in the definition of sexual assault” under POCSO Act? Bom HC says so
Bombay High Court observed that acts of ‘holding the hands of the prosecutrix’, or ‘opened zip of the pant’ in Court’s opinion does not fit in the definition of ‘sexual assault’.
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[Reversed] Bombay HC on Sexual Assault | Would ‘pressing of breast’ and ‘attempt to remove salwar’ of a child fall under S. 7 and punishable under S. 8 of POCSO Act?
Bombay High Court had expressed that since there was no direct physical contact i.e. skin to skin with sexual intent without penetration, they said would not amount to ‘sexual assault’.
UPDATE: This Judgment of the Bombay High Court has now been reversed by a 3-Judge Bench of the Supreme Court of India after the matter was mentioned by the Attorney General for India and appeals were filed by the State of Maharashtra and the National Commission for Women.
Media Trial
Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case
“Any report of the press/media, having the propensity of tilting the balance against fair and impartial “administration of justice”, could make a mockery of the justice delivery system rendering ‘truth’ a casualty. “
Judicial Over-Reach
If Judges interfere in academic matters or step into other Organs of State, would that amount to Judicial Over-Reach? Court addresses
Bombay High Court expressed that “As Judge, we primarily don the hat of an adjudicator.”
Unfair Labour Practice
Classic case of unfair labour practice: Workmen not given permanency on being engaged in a rotational pattern || Pool of Temporaries, Termination, Perennial Work & more
Clear recipe of an unfair labour practice, notorious in the industry, of employing ‘badlis’, casuals or temporaries and continuing them as such for years, with the object of depriving them of the status and privileges of permanent employees.
Cruelty
Husband making wild allegations that wife, her relatives, secured false certificates to get employment. Does husband’s conduct amount to ‘Mental Cruelty’ to wife? HC explains while upholding Family Court’s decision
“…making of unfounded allegations against the spouse or his/her relatives in the pleadings or making complaints with a view to affect the job of the spouse amounts to causing mental cruelty to the said spouse.”
Abetment to Suicide
Child commits suicide, mentions drinking habit of father in suicide note. Can the father be held liable for abetment to suicide? Law explained
Lower Court’s Judge swayed away with the fact that the deceased boy committed suicide for an admitted position that the appellant was a drunkard.
Well-Known Mark || IPR
ISKCON, Infringement of well-known mark: Read why Justice G.S. Patel deferred grant of discretionary relief in view of past history which may materially affect the action
“The very least a Court of equity expects when asked to grant discretionary relief is complete and honest disclosure of the relevant facts.”
Homicidal Death
Can a person be held liable under S. 302 IPC on the basis of ‘last seen’ theory and not being able to offer sufficient explanation? Significance of ‘last seen’ theory in establishing homicidal nature of death discussed
Where the prosecution succeeds in discharging its primary burden and brings evidence on record which indicates that the facts, thereby proved, rest within the special knowledge of the accused, Section 106 of the Evidence Act comes into play.
Suspicion, however strong, cannot take the place of proof.
Sushant Singh Rajput Case
Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed
The Division Bench of Bombay High Court found prima facie case against Late actor Sushant Singh Rajput’s sister Priyanka Singh.
Maintenance to Widowed Daughter-in-Law
Father-in-law denies maintenance to widowed daughter-in-law and her children. Will he be obligated to maintain them if late son had a share in ancestral property? HC Decodes
Sections 19 and 22 of the Act create first obligation to maintain a widowed daughter-in- law on the father-in-law. The obligation only shifts on the father of the widow, if the father-in-law prove his inability to maintain her.
Fraud by Wife?
Husband alleged that wife hid her actual date of birth & since he intended to marry a ‘Mangalik Yog’ girl, fraud was played upon him. Here’s how HC solved the matter
Read this significant matter revolving around ‘fraud’ by the Bombay High Court.
Section 417 of Penal Code, 1860
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Whether absence of ‘dishonest concealment of fact’ exempt a person from being punished under S. 417 IPC? Read on
“…here was no ‘promise to marry’ nor intentional deception by misrepresentation or deceitfulness practised before establishing physical relationship with prosecutrix.”
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If two people have consensual sexual relationship but boy later refuses to marry, Will that attract offence of cheating under S. 417 IPC? Bom HC explains
Evidence on record revealed that the sexual relationship between the prosecutrix and the accused was consensual.
Legal Heirs | Property
Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains
Relinquishment of properties inherited by the legal heirs of the person whose properties were self-acquired properties would not enure for the benefit of all the legal heirs of the said deceased but would enure only for those persons in whose favour such deed of relinquishment/release was executed.
Defamation
Can a person’s image be used for a commercial purpose, without his/her express written consent? Justice G.S. Patel elaborates directing Amazon Prime to take down the telecast of a movie using a person’s private image
Simply using another’s image, and most especially a private image, without consent is prima facie impermissible, unlawful and entirely illegal. In a given case, it may also be defamatory, depending on the type of use.
Suicide
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Woman commits suicide along with her infant daughter within 7 years of marriage. Can husband of deceased be held guilty for offences under Ss. 498-A, 304-B read with 34 IPC? Mere suspicion of Cruelty & Harassment is enough?
The Division Bench of Bombay High Court, upheld the decision of Additional Sessions Judge wherein a woman committed suicide along with her infant daughter within 7 years of marriage and allegations were placed that she committed suicide on the pretext of cruelty and harassment, but same could not be proved.
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Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies
The Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences under IPC against the applicants, on finding that no purpose would be served in continuing criminal proceedings against them.
Agreement
Can a development agreement signed between Chairman of Society and one of the Managing Committee members be binding upon non-signatory? Court discusses while ordering redevelopment of building
This is the usual story of a solitary member of a society obstructing the redevelopment of the society building.
It does not matter to this member that the building is in a dilapidated condition unfit for human habitation.
Copyright Registration
Does Copyright Act requires mandatory registration to seek protection under the Act? Justice G.S. Patel explains
“Copyright Act gives a range of rights and privileges to the first owner of copyright without requiring prior registration.”
Daughter approaches Family Court on behalf of father’s Marriage
Can a daughter approach Family Court on behalf of her father to challenge validity of his marriage? OR only parties to marriage can challenge validity? Read in light of S. 7 of Family Courts Act
Bombay High Court addressed a concern wherein a daughter filed a petition seeking a declaration of her father’s marriage to be null and void on knowing that the lady concealed the fact of her being married and not divorced from her earlier marriage.
Co-operative Societies
Board of Directors of Co-operative Bank: Power of Registrar of Co-operative Societies under Maharashtra Co-operative Societies Act & RBI’s role || Detailed Report
“The Registrar, Co-operative Societies has not acted as a rubber stamp of the RBI.”
COVID-19
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Remdesivir and Tocilizumab injections to be regulated; Collector Nagpur to examine regarding feasibility of making beds available at Mankapur Stadium, Nagpur and Nagpur Nagrik Sahakari Rugnalaya
Bombay High Court issued directions till the regulation of Remdesivir and Tocilizumab injections.
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Reports of RT-PCR Tests to be made available on Whatsapp; COVID positive patients reports to be uploaded within 24 hours on ICMR portal
The Division Bench of Bombay High Court, directed that reports for RT PCR test shall be made available to patients on WhatsApp.
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Rise of COVID-19 Cases in State of Maharashtra: State to file information on measures to de-congest jails, to control spread of virus & status of COVID cases
“…reports show a sudden rise of the COVID-19 cases in the State prisons, indicating a need for the Court’s intervention to revisit the measures.”
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MoH communication reducing oxygen supply to Maharashtra is “bolt from the blue”: Court directs PRAX AIR to keep supplying 110 MT oxygen per day
“…something for the present is required to be done, if we have to perform our duty of preservation of precious human life arising from Article 21 of the Constitution of India.”
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Deficient Remdesivir Drug and Oxygen to COVID-19 Patients: HC directs to hold meeting with manufacturers and procure
Bombay High Court addressed the suo motu public interest litigation raising concern with regard to a deficient supply of Remdesivir Drug and Oxygen Supply.
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“Elderly citizens being asked to choose between devil and the deep sea”: HC not impressed with Centre’s reply on petition for door-to-door vaccination for elderly and disabled citizens
If indeed, vaccination of elderly citizens by adopting a door-to-door vaccination policy is being avoided because such elderly citizens are aged and suffer from comorbidities, we regretfully record that the elderly citizens are literally being asked to choose between the devil and the deep sea.
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Modern ventilators, Doctors are not properly trained to operate”; HC raps centre for blame game on PM Cares Ventilators
The Division Bench of Bombay High Court, addressed the issue relating to supply of dysfunctional ventilators through PM Cares Fund. The Bench slammed the Center for contending that the ventilators were in working condition and the deficiencies were with the hospital staffs, the Bench remarked,
“We would have appreciated had the affiant avoided entering into a blame game and instead shown sensitivity towards the patients, it being the paramount object of the welfare State to take care of the health of its citizens.”
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75% ventilators supplied through PM Cares Fund found dysfunctional; HC seeks response from Center
Bombay High Court addressed the issue of dysfunctional ventilators supplied through PM Cares Fund. The Bench remarked,
“We find the above situation as regards the dysfunctional ventilators supplied through the PM Cares Fund, to be quite serious. We, therefore, call upon the learned ASGI to state, as to what action would the Union of India initiate in these circumstances.”
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“Take immediate actions against e-commerce websites for supplying non-essential items”, HC directs Maharashtra government
The Division Bench of Bombay High Court asked State Government to actions against the dealers and e-commerce websites for supplying various nonessential items in violation of government order.
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Corporate Social Responsibility, Mucormycosis and shortage of drugs, HC urges Central Drug Controller to increase production capacity and reduce prices of drugs
The Division Bench addressed the issue of Mucormycosis or Black Fungus disease and reluctance of public and private sector companies to abide by their corporate social responsibility. The Bench stated,
“When these corporate entities are enjoined with a statutory duty (See section 135 of the Companies Act, 2013), it is expected that these companies discharge their duties whenever they are called upon to do so and in our opinion, there could have been no better opportunity than the present time and present cause to discharge such duty.”
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“Are you prepared to introduce door to door vaccination for senior citizens?” HC sanctions door to door vaccination after noticing center’s disinclination to formulate a universal scheme
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[Remdesivir shortage] “How such drug in such short supply, is available to Politicians and Actors for distribution to public at large?” HC pulls up state over inadequate crisis management
“The allotment of Remdesivir appears to have been made on the basis of ‘functional bed capacity’ of each of the hospitals. Such allocation whether would cater to the actual need of the patients has not been explained to us.”
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Do not insist on production of Aadhar Cards by correctional home inmates for Vaccination, HC directs State
The Division Bench of Bombay High Court. had addressed a suo motu case on the issue of alarming rise in COVID-19 cases in prisons of the State of Maharashtra.
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“Article 21 casts corresponding duty on State to ensure no life is extinguished due to unavailability of oxygen”; HC tells State
“We have long passed the stage of determining whether patients are suffering from the lack of oxygen or not. The material placed before us establishes that patients are indeed suffering and even in some cases succumbing for want of the supply of oxygen, in the State of Goa.”
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Allow entry in Goa for medical emergency even without Covid negative certificate; HC modifies its earlier order. Deprecates DMs for amending Court orders on their own
“…the magistrates are bound by Court’s order and they cannot modify the same on their own.”
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Biovet Pvt. Ltd. allowed to use idle vaccine manufacturing unit for Covaxin production; directs Maharashtra to cooperate
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“Not a case of sealing the borders”; HC tells State to ensure person entering in Goa carry a Covid-19 “negative” certificate
“This is not a case of sealing the borders. This is only a case where steps are taken to ensure that the persons who are entering into Goa are not already tested as COVID positive so that they do not contribute to the spread of the epidemic and at the same time are cared for better in their own State.”
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CSR, Mucormycosis and Deficit Drug Supply; HC reminds Center, “the situation is war like”
“This is a sort of war like situation for Maharashtra and in particular city of Nagpur, which calls for rapid response and mighty one. We hope that these entreaties would be positively answered by the Central Government and if not, further loss of lives of a few more patients, unfortunate as it may be, may be a fait accompli.”
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[PM Cares Ventilators] “Will not permit experimentation of faulty ventilators”; HC warns Union Government
“We would not permit experimentation of the ventilators which have undergone major repairs, in treating the patients, since this would be causing a risk/health hazard to the patients and unfortunately, the use of such ventilators may cause loss of life.”
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No prohibition by Center on door-to-door vaccination; HC gives Maharashtra one week time to sanction door to door vaccination
It clearly appears to us that there is no categorical prohibition imposed by the Central Government for the States to undertake a door to door vaccination programme, for the elderly and disabled citizens…”
COVID-19 and Article 25
Religious places of worship closed; Prayer offering in mosque during Ramzaan not allowed in wake of COVID-19: Court discusses scope of Art. 25
Bench while expressing that Article 25 of the Constitution of India permits all persons equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion, the same is subject to public order, morality and health, held that:
such congregation which is apprehended by the State, if such permission is granted, it is likely that it would seriously affect the public order and health. If such permission is granted, it would violate the condition imposed under Article 25 of the Constitution of India.
COVID Vaccine and Intellectual Property Rights
“Serum Institute coined the term ‘Covishield’, took substantial steps towards development and manufacture”: Court finds no merit in Cutis Biotech’s passing off action
“…foundation of passing off action is the existence of goodwill. Further as to who conceived and adopted the mark earlier is also relevant.”
CBI Investigation
Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days
“It is said that none can see time, but many a time, time makes us see many things hitherto before unseen. So true.”
Circumstantial Evidence
Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on
Law does not require a particular number of circumstance so as to establish the chain. It altogether depends upon the nature of the transaction.
Criminal liability
Can administrator of WhatsApp group be held criminally liable for objectionable posts of a group member? HC answers
Common intention cannot be established in the case of WhatsApp service user merely acting as a group administrator.
Minor’s Consent
‘Consent’ of minor for sexual act who conceived and delivered a baby will be immaterial
“…the victim was minor at the time of alleged incident and during that period she conceived and delivered a baby. Her consent for the sexual act was immaterial.”
Minor’s property
Minor’s property fraudulently transferred. Can application for such declaration and order for recovery lie in Guardianship Petition? HC elucidates
…what lies before a court, other than a family court under Section 7 of the Family Courts Act, is an application for appointment of guardian of the property of a minor or an application for permission to deal with such property. It is only these applications which are made by means of a guardianship or a miscellaneous petition before this court.
Rape and conviction
Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report
“…relationship in between brother and sister, relationship in between mother and son, relationship in between father and daughter and so on were considered as sacrosanct. However, due to passage of time, these relationships have no more remained sacrosanct and there are various instances of overstepping the sacrosanct relationship by the near relationship.”
Domestic Violence
Daughter caught in crossfire between parents; Accused under DV Act by mother. HC decides whether allegations inherently probable? [Exhaustive Report]
The intent of the DV Act is to ensure that a woman who faces abuse at the hands of her husband or a male partner has an avenue to raise her grievance against such person and also any relative of such person. Ordinarily, this would include the relatives on the side of the husband or male partner.
Quota
Explainer | Bombay HC at Goa on Quota in Municipal Polls [Detailed Report]
“Democratically elected nations burgeon on absolutely free and impartial elections and India being a colossal democracy demands such a process.”
Hate Speech
“Extreme or harsh opinion is not a hate speech”; HC quashes FIR against Sunaina Holey terming it “hypersensitive and over cautious”
“The right to express one’s views is a protected and cherished right in our democracy. Merely because the point of view of the Petitioner is extreme or harsh will not make it a hate speech as it is only expressing a different point of view.”
Search Warrant
What is proper procedure for executing a search warrant in a jurisdiction outside of issuing court? HC decides whether Ss. 101 and 105 CrPC are directory or mandatory
A Division Bench of Bombay High Court addressed a very pertinent issue of what is the proper procedure for execution of a search and seizure warrant when such warrant is sought to be executed outside of the local jurisdiction of the court issuing the warrant.
Property Suit
In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on
“..in a suit for specific performance, a third party’s assertion that he has a stake in the subject matter of the suit counts to noting (sic). What matters is the contract, not the property covered by the contract. “
Commercial Bid
Can possible case of cartelization be determined only after opening of commercial bid? HC answers
There is nothing sacrosanct about finding the technical bid of a bidder responsive in a two bid system so as to make it obligatory on the employer to open the commercial bid. The employer may well come upon knowledge of some relevant information, which disqualifies the particular bidder, and in that case may choose not to open his commercial bid. If his disqualification is supported by some material on record, there is nothing further for this Court to inquire.
Matrimonial Dispute
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Whether HC should quash an FIR arising out of matrimonial dispute on ground of same being settled amicably? Gian Singh v. State of Punjab referred
High Court reiterated the observation of Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, while quashing an FIR registered for offences under Sections 498(A), 406, 504, 323, 34 of the Penal Code and Sections 3, 4 of the Dowry Prohibition Act, on the ground of matter being resolved amicably.
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Is it necessary for the wife to file an application for permanent alimony in ‘writing’ under S. 25 of Hindu Marriage Act? Court unfolds dilemma of ‘oral’ & ‘written’ application
In the case of a decree by mutual consent, if relief for permanent alimony is sought, there is no occasion for the Court to observe the conduct of the parties, to examine their financial stability and other circumstances of the case to pass any order of permanent alimony at the time of passing of the decree of divorce by mutual consent. Essential element is that the Court should be able to comprehend the financial position and conduct of parties to pass permanent alimony order.
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Wife, a chattel? On refusing to make tea, husband assaults wife with a hammer. HC observes ‘imbalance of gender – skewed patriarchy’
“There is imbalance of gender roles, where wife as a homemaker is expected to do all the household chores.”
Bail
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Read why Bombay HC granted anticipatory bail to ‘Constable’ accused of rape and other offences | Succinct Report
- Mumbai Cruise Drugs Case | Bom HC grants bail to Aryan Khan, 2 others: Read the fourteen bail conditions
Nitin W. Sambre, J., grants bail to accused Aryan Shah Rukh Khan, Arbaaz A. Merchant and Munmum Dhamecha while laying down 14 conditions.
- Bom HC discusses law where accused already granted bail but further non-bailable offences are added by prosecution
Sandeep K. Shinde, J., reiterated the law laid down by the Supreme Court in the case of Pradip Ram v. State of Jharkhand, (2019) 17 SCC 326 wherein it was held:
“where the accused is bailed out under orders of the Court and new offences are added including the offences of serious nature, it is not necessary that in all cases earlier bail should be cancelled by the Court before granting permission to arrest an accused on the basis of new offences. The Powers under Sections 437(5) and 439(2) are wide powers granted to the Courts by the legislature under which Court can permit an accused to be arrested and commit him to custody without even cancelling the bail with regard to the earlier offences.”
Read more…
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[Elgar Parishad Case] Bombay High Court grants default bail to activist Sudha Bhardwaj
“Once the period of detention expired and the accused manifested the intent to avail the right by making an application, no subterfuge to defeat the said indefeasible right can be countenanced. The factors like the bail application was not decided, or wrongly decided, or subsequently charge-sheet came to be fled, or a report seeking extension of period of detention came to be fled and allowed, are of no significance.”
Amendment of Pleadings
In case of an application for amendment of pleadings, what would be the principal condition that Courts need to consider? Read on
Adoption
Whether adoption can be restricted only to children in conflict with law, or in need of care and protection, or who are orphaned, abandoned or surrendered under provisions of JJ Act and Adoption Regulations? Elaborate report
The practice of adoption has been prevalent since ancient times and in different societies, the established practices and norms have evolved over a period of time.
Right to Property
Right to Property under Art. 300 A – A Human and Constitutional Right? Court decides in a dispute of construction of National Highway [Land Owners v. State]
It is not permissible for any welfare State to uproot a person and deprive him of his fundamental/constitutional/human rights, under the garb of industrial development.
Cooling Period under Hindu marriage Act
Is the 6 months period stipulated under S. 13-B(2) of Hindu Marriage Act mandatory or relaxation in exceptional situations is permitted? Read on
Bribe | Prevention of Corruption Act
Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under the Prevention of Corruption Act? Read on
Mere recovery of tainted money is not sufficient to convict the accused when substantive evidence in the case is not reliable, unless there is evidence to prove payment of bribe or to show that the money was taken voluntarily as a bribe.
Homebuyers & Builders
Builders taking flat purchasers for a ride, taking money but not delivering flats: Court asks builders to prove they are paupers, show standard of living bears out the same
Bombay High Court directed the builders who failed to refund the buyers their amount to date to establish that they are virtually paupers not having funds in their bank accounts and their standard of living also bears out the same.
Cheating
For the offence of cheating under Penal Code, 1860, is intention of cheating important from inception? Read on
“…in the case of cheating, the intention of cheating right from the inception is important.”
Departmental Enquiry
Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry.
The Division Bench of R.D. Dhanuka and R.I. Chagla, JJ., refused to quash departmental enquiry against the petitioner even when there were pending criminal proceedings against him.
Opportunity of Hearing
Denial of urgent hearing by DRT: Court says opportunity of hearing is integral part of constitutional philosophy well embedded in Arts. 14 and 21
“…opportunity of hearing is an integral part of our constitutional philosophy and it is well embedded in Articles 14 and 21 of the Constitution of India.”
Right to Education Act
Can minority educational institution refuse admission to autistic child contravening statutory direction given before grant of minority status? Court answers
The disobedience of the directives issued by the Education Department cannot be condoned by obtaining certificate as minority education institution subsequently.
Principle of Double Jeopardy
Do principles laid under S. 300 CrPC and principle of double jeopardy under Art. 20(2) of Constitution differ? Explained
Bombay High Court while setting aside an impugned order explained the slight difference between principles laid down under Section 300 of the Criminal Procedure Code, 1973 from the principle of double jeopardy under Article 20 (2) of the Constitution of India.
Registration Act
Does a Registering Officer has right to decide whether person presenting document for registration has marketable title or not? Court answers
It is well settled that when a property is sold by public auction, in pursuance of an order of the Court and the sale is confirmed by the Court in favour of the purchaser, the said becomes absolute and the title vests in the purchaser. A sale certificate is issued to the purchaser only when the sale becomes absolute.
Domestic Violence Act
Concept of ‘continuing offences’ & limitation under Domestic Violence Act: Explained
“…concept of continuing cause of action and continuing offence needs to be appreciated from the point of view of the aggrieved person i.e. wife.”
Income Tax Act
- When is the intimation for setting off of refunds against tax remaining payable under S. 245, Income Tax Act, be given? Bom HC answers
“…intimation is to be given prior to the officer sets off the amount payable against the amount to be refunded. It can be neither simultaneous nor subsequent.”
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If a person willfully attempts to evade tax, he can be prosecuted under S. 276C(1) of the Income Tax Act
The Division Bench of K.R. Shriram and Amit B. Borkar, JJ., discussed when a person can be prosecuted under Section 276C(1) of the Income Tax Act.
Fair Reporting
What is legitimate scope of a court reporter? When does a court reporter crosses line? Bom HC lays down
“…with modern communications technology, the nature of reporting — often from the well of the Court itself — has radically changed: we often now see updates going out every few minutes on digital media.”
“…a fleeting impression by a journalist of the value of evidence is entirely beyond his or her legitimate scope. Such a journalistic pronouncement becomes unacceptable when it is conveyed to the reading audience or public as something already decided, or about which no other view is possible.”
POCSO Act
If a minor is made to succumb to penetrative sexual assault by various customers and is induced into prostitution, will person responsible for the same be punishable under POCSO Act? HC explains
Even according to the victim, she was lodged in the house of the appellants for a period of about a month and was subjected to sex twice a day.
Outraging Modesty of Woman
Bom HC on ‘Outraging Modesty of Woman’ | Would throwing love chit on person of a married woman amount to outraging her modesty? Read on
The modesty of a woman is her most precious jewel and there cannot be a straitjacket formula to ascertain whether modesty is outraged.
Dishonour of Cheque
Can mere dishonour of cheque amount to abetment of suicide? Bom HC decides
Mere dishonour of cheque and refusal to pay remaining balance amount involved in the transaction does not amount to abetment to commit suicide.
Domestic Violence Act
Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted
Section 3 of the D.V. Act defines ‘domestic violence’ in an elaborate manner and it refers to physical abuse, sexual abuse, verbal abuse, emotional abuse and economic abuse. This is in the context of a domestic relation shared between the aggrieved person and respondent.
Maintenance and Welfare of Parents and Senior Citizens Act | Misery of Parents
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“Daughters are daughters forever and sons are sons till they are married”: Bom HC orders son to vacate flat of 90 yrs old parents
Noting the misery of parents aged 90 years, G.S. Kulkarni, J., observed that,
“Daughters are daughters forever and sons are sons till they are married” albeit there would surely be exemplary exceptions.
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Under the Parents and Senior Citizens Act, is it necessary to find out whether property belongs to parent exclusively or is a shared household in which daughter-in-law has rights? Bom HC deciphers
The Division Bench of Ujjal Bhuyan and Madhav J. Jamdar, JJ., while explaining the provisions under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also elaborated upon the concept of shared household and remanded the matter back to the Tribunal for Maintenance and Welfare of Parents and Senior Citizens.
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Senior Citizen soon to enter her 90’s desired to end her life: Son and Grandson mentally left no stone unturned to make life of ‘grandmother’ a living hell | Bom HC emphasizes on family and societal values being perished
It is so disheartening that at such old age when the only expectation of a senior citizen, from the near and dear ones is of care, concern, affection and love, instead, what has been returned is harassment, wretchedness, suffering and abuse.
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Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer
Noting in case after case, complaints from senior citizens that their own sons and daughters are harassing them, Division Bench of G.S. Patel and Madhav J Jamdar, JJ., expressed that,
“…the harassment is an attempt to somehow grab the senior citizen’s property in his or her lifetime without thought spared to the mental or physical health well-being or happiness of these seniors.”
Principle of Equal Pay for Equal Work
Principle of “Equal Pay for Equal Work” does not operate in vacuum, it is not a fundamental right but a Constitutional goal depending on several factors
The principle “Equal Pay For Equal Work” is not a fundamental right but a constitutional goal and entitlement to parity in Pay Scale would depend on several factors such as educational qualifications, nature of the job, duties to be performed, responsibilities to be discharged and experience.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
‘People would be starved of liberty of thought if…’: Know why Bom HC partly stayed IT Rules, 2021
People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.
Contempt Case
‘Judiciary’s dignity cannot be tarnished by irresponsible content’: Bom HC closes contempt case against person uploading contumacious content against Goa District Judiciary on YouTube & WhatsApp
“Court has the duty of protecting the interest of the community in the due administration of justice and, so, it is entrusted with the power to punish for its contempt.”
Defamation
Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother? Bom HC decodes
“The law on the principle of Torts that an action dies with the person, in a defamation proceedings is required to be appreciated.”
Divorce
No decision on divorce petition, yet wife creates matrimonial profile expressing will for second marriage. Can this be a ground for divorce?
“…conduct of the respondent to perform the second marriage and not to lead the life with the appellant is writ large from the fact that she did not apply for restitution of conjugal rights.”
Right of Inheritance
Widow’s right of inheritance after re-marriage: Will mother of deceased be fully entitled to claim dues of deceased son or does wife who re-marries will also have share? Bom HC delves to answer
Addressing a matter pertaining to the widow’s right of inheritance on the property of the deceased husband,S.M. Modak, J., observed that,
Both wife and mother will have an equal share in light of Section 24 of the Hindu Succession Act, which was in existence at the time of the dispute.
Supply of Water
Two hours, Twice a month, water supply – Even after 75 years of independence, Bom HC addresses request for regular water supply || State Govt. depriving people of their fundamental right
State Government by providing water to its citizens only twice a month, and that too for a mere two hours, is not only depriving its people of their fundamental right, but in doing so is inviting criticism and tarnishing its image, especially when such is the scenario after 75 years of independence.
Rehabilitation
Negligent approach of Govt & a cascading effect: Mere right of rehabilitation will be equivalent to right of ownership? Detailed report on how slum dwellers encroached public land and claimed their right
“It is not new that valuable Government land on account of the negligent approach of the officers in charge by not protecting such lands from encroachment have stood extinguished from the Government’s holding, causing a serious cascading effect.”
Sexual Harassment
Fear of stigma, not being believed and being blamed: 17-year-old girl leaving a note to her mother explaining ill deeds of her uncle who sexually harassed her, ended her life | Bom HC delves to know what happened
Unfortunately, we have not been able to create an atmosphere in the Society where parents, teachers and adults in company of the child can identify signs of abuse and make sure children received care and protection.
Rape on False Promise of Marriage
‘Astrological Incompatibility’ as reason to refuse marriage: Bom HC refuses to discharge man accused of rape on false promise of marriage
While noting a case of false promise to marry, Sandeep K. Shinde, J., refused to allow application wherein a man claimed the reason of astrological incompatibility valid for refusing marriage.
Contractual Employees
To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines
Contractual employees are engaged through contractors, their service conditions are governed by the contracts between them, hence in case of any grievance, they shall approach the contractor and not a principal employer.
Conviction under Section 304 Part I Penal Code, 1860
“Necessary to read mind of offender and not consider offence devoid of emotions”: Bom HC acquits accused of offence under S. 302 IPC rather convicts under S. 304 Part I IPC
Convicting a person under Section 304 Part I of Penal Code, 1860 Division Bench of Sadhana S. Jadhav and Sarang V. Kotwal, JJ., held that,
On finding that there was no hope that his beloved wife would return to matrimonial abode, accused got enraged an lost self-control and assaulted his wife with whatever available just nearby.
Cheating
Tendency of guaranteeing decision to come in favour of one party or other, amounts to maligning a particular Judge and at large, institution itself by giving an impression that justice can be bought
It is not uncommon feature that when the matter is pending before the particular Court, the parties indulge into transaction under the guise of ‘settlement’ and sometimes it so happens, even without the knowledge of counsel on record, who may prefer to argue the case on its merit. This tendency of guaranteeing the decision to come in favour of one party or the other, amounts to maligning a particular Judge and at large, the institution itself by giving an impression that justice can be bought and the Prosecutors and Judges can be sold.
POSH Judgments
POSH Judgments and Order to be delivered only in Chambers or in-camera, media disclosure forbidden: G.S. Patel, J. issues detailed guidelines
While addressing an issue revolving around the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013, G.S. Patel, J., laid down guidelines with an endeavour to anonymize the identities of the parties.
Trademark
“Mark is to be taken as a whole”: Bom HC reminds PhonePe while conditionally allowing withdrawal application
G.S. Patel, J., granted ‘conditional’ liberty to Phonepe (P) Ltd. to withdraw its suit and an interim application filed against the use of mark POSTPE by Resilient Innovations (P) Ltd. However, before granting leave to withdraw, the Court passed a reasoned order and decided not to delete those reasons “only because an application for withdrawal is being made at this very late stage”.
Bribe
Law on Discharge of Accused: Read why Bom HC refused to discharge Income Tax Officer accused of demanding bribe
Sandeep K. Shinde, J., refused to discharge an Income Tax Officer from charges under the Prevention of Corruption Act. The applicant Income Tax Officer was accused of demanding a bribe.
Educational Institute
Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school’s vicinity: Is it true? Bom HC finds out
An educational institute certainly contributes in creating ideal citizens. Human virtues and morals can never remain the same. It is thus more important that an endeavour of an educational institution should be to impart such education, so that the basic human values and good virtues are inculcated in the students, to make them ideal citizens.
Rape
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Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice
“…object of sentencing policy should be to see that the crime does not go unpunished and the victim of crime as also the society has the satisfaction that justice has been done to it.”
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Rape by person claiming to have supernatural powers: Bom HC upholds conviction under S. 376 IPC, observes blind faith is real driver in such cases
C.V. Bhadang, J., while addressing the matter with regard to rape committed by a person claiming to have supernatural powers, expressed that,
“It is significant to note that the blind faith of the parties/victim on the accused is the real driver in such cases.”
Custody
Custody of minor child, can it be determined on basis of work commitment of one parent and availability of ample time with another? Bom HC decides while determining question of custody, visitation rights and more
Love and affection of both parents is considered to be the basic human right of a child.
Courts often ensure that even if custody is given to one parent, the non-custodial parent has adequate visitation rights.
NDPS
- Whether the blotter paper forms an integral part of the LSD drug when put on a blotter paper for consumption?
Addressing a very crucial question having relevance with the Narcotics Drugs and Psychotropic Substances cases, Revati Mohite Dere, J., decided whether blotter paper forms an integral part of the LSD Drug when put on blotter paper for consumption.
- Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act?
Merely because of Applicants were travelling on the cruise, that by itself cannot be termed as satisfying foundation for invoking provisions of Section 29 against the Applicants.
Documents
Does accused has right to demand production of documents withheld by investigator at framing of charge? Does S. 91 CrPC include witness statement?
Sandeep K. Shinde, J., expressed that it is settled law that at the stage of framing the charge, the trial court is required to consider whether there are sufficient grounds to proceed against the accused and at that time, trial court is required to consider only police report referred to under Section 173 of the Code and documents sent with.
Rape & Murder
- ‘Hang by neck till dead’: Bom HC confirms death sentence in a rarest of rare cases for committing rape and murder of a 3-years 9-months old child
While confirming the death sentence in this rarest of rare cases, the High Court observed:
“The act of the accused is gruesome and is committed in a diabolic manner. It is a heinous offence. It is unimaginable that a cheerful, frolicking child enjoying with her pet would provoke the feelings of lust in a man who is a father of two daughters and a son. The perversity in the mind of the accused is apparent and therefore, we are of the opinion that the aggravating circumstances in the present case outweigh the mitigating circumstances placed before the court in the course of hearing of the appeal.”
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Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges
The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder case of two rag pickers, held that,
“…prosecution has utterly failed in connecting the dots and bringing home the guilt of the accused.”
Abetment of Suicide
Is it possible to frame a charge against accused for abetment of suicide and in the alternative for committing murder?
Sandeep K. Shinde, J., explained as to when a charge in the alternative can be framed against an accused and when it is not permissible to do so.
Eviction
Eviction of tenant, serving of notice by modes laid under S. 106 of Transfer of Property Act: Bom HC discusses all [Detailed report]
A.S. Gadkari, J., while addressing a matter of the eviction of a tenant focused on the modes of serving a notice under Section 106 of the Transfer of Property Act, 1882.
Sterling Witness
Significance of ‘sterling witness’ in a matter wherein a daughter alleges that her father raped her: Bom HC examines whether daughter’s evidence was of ‘sterling quality’ or not
Anuja Prabhudessai, J., while addressing a matter of a daughter alleging rape by her father expressed the significance of ‘sterling witness’.
Outraging Modesty of Woman
Touching feet of a woman without her consent: Is it outraging the modesty of a woman?
“…touching any part of the body of a woman without her consent that too in the dead hour of the night by a stranger amounts to a violation of modesty of a woman.”
Honour Killing
‘Could have cut off relations, instead opted to commit cold-blooded murder’: Bom HC upholds death penalty of brother for pre-planned murder of sister and lover
In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction.
Maintenance
Trial Court mentions wrong provision of Mahomedan Law while granting maintenance to wife: Judgment of trial court will be defective in eye of law? Bom HC answers
Shrikant D. Kulkarni, J., decides whether the trial court’s decision mentioning the wrong provision pertaining to maintenance to the wife will be defective in the eye of law or not.
Stamp duty
Stamp Duty correctly payable on instruments typical in Redevelopment Projects: Bom HC to decide
The Division Bench of G.S. Patel and Madhav J. Jamdar, JJ., considered petitions which raised questions about the interpretation of the validity of two circulars issued by the Inspector General of Registration and Controller of Stamps, Maharashtra State dated 23-06-2015 and 30-03-2017.
Daughters as Co-parceners
S. 6 of Hindu Succession Act prevails over S. 29-A inserted by Maharashtra Amendment; wasn’t necessary for Parliament to repeal S. 29-A
“Central enactment, i.e., Section 6 Hindu Succession (Amendment) Act, 2005 would be applicable to this case and in view thereof, the plaintiff has share in the suit property, which has been rightly adjudicated by both the Courts below.”
Impotency
Wife seeks to insert averments with respect to impotency of husband, can amendment to petition for annulment of marriage be allowed? Bom HC explains
While addressing a matter, Mangesh S. Patil, J., laid down significant aspects with regard to when a petition can be amended.
In-camera proceedings
Does S. 327(2) CrPC providing for “in camera” proceedings apply to appeals? Bom HC decides while rejecting Tarun Tejpal’s application
A Division Bench of Revati Mohite Dere and M.S. Jawalkar, JJ. rejected Tarun Tejpal’s plea to conduct “in camera” proceedings in connection with the appeal filed against his acquittal in a rape case. The High Court held that:
“Section 327(2) CrPC would only be applicable to ‘inquiry’ or ‘trial’ and that the same will not apply to appeals, either appeal against conviction or an application seeking leave to file appeal against acquittal.”
Framing of Charges
Can Judge sift and weigh evidence at stage of framing of charges? For what purpose? Bom HC considers while refusing to discharge accused
The judge while considering the question of framing the charges under Section 227 of the Criminal Procedure Code, has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not, a prima facie case against the accused has been made out.
Temporary Residence v. Casual Residence
Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”?
Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of the Domestic Violence Act at any and every place, even if she was a mere casual visitor to that place.
