Latest Bombay Hc updates from LegalRepublic.in.
Justice Milind N. Jadhav relied on the accused's long custody, the lack of any prospect of trial ending soon, and a disputed role, in a gang-rivalry killing where the alleged gang leader is already on bail.
Justice Sandeep V. Marne held that the Deputy Registrar of Co-operative Societies has no power to grant, or even direct, a no-objection for commercial use of a flat, and sent the owners to the co-operative court under Section 91.
Justice Amit Borkar held that a missing signature does not mean there is no arbitration agreement, because the cardholder terms drawn up by the bank treat use of the card as acceptance. He appointed a sole arbitrator in four card-default disputes and left every question of proof to the tribunal.
Justice Somasekhar Sundaresan declined to use the Section 536(2) Companies Act power for the daughter and son of Mantri Realty promoters, citing unregistered agreements with no execution date, unproven authority to sign for the company and a payment trail that does not reconcile.
Justice Milind N. Jadhav quashed the FIR, charge-sheet and process against three pilots and a ground-staff employee who sent Rs 5,000 to Rs 20,000 per transfer to an EPFO assistant, holding that money reaching a public servant does not by itself show intent to bribe or any conspiracy.
A division bench upheld the murder conviction of Jitendra Rana for the 2011 stabbing of Keenan Santos and Ruben Fernandez and rejected the sudden-fight plea, but acquitted two co-accused of murder for want of common intention and held the trial court could not impose a term for the remainder of natural life.
A division bench of Justice G. S. Kulkarni and Justice Neela Gokhale allowed the NIA appeal against the Special Judge order in the Antilia explosives-car and Mansukh Hiran murder case, holding that the Special Judge ignored the Section 43D(5) test and that five years in custody was no ground for bail.
Justice Milind N. Jadhav granted bail to Vikky Sanjay Mahadule, arrested on 26 July 2020, after the prosecutor asked the court to rule on long incarceration and leave the merits alone. The order cites a Mumbai Central Prison report of overcrowding at over five to six times capacity.
Justice Sandeep V. Marne set aside an Industrial Court order that had stopped Thane Municipal Corporation from punishing a clerk who confessed in his reply to the chargesheet, holding that no inquiry is needed once a charge is admitted, and directed three years of reversion with reduced pension.
Justice Sandeep V. Marne dismissed the writ petition of six Junior Engineers engaged from the waiting list of a 2005 recruitment, holding that 240 days of service cannot compel a municipal corporation to create posts and that the Supreme Court exceptions for long service need about ten years.
Acting on a letter from jail, Justice Milind N. Jadhav released an accused held since June 2019, whose trial had made no progress for four years, holding that such custody violates the Article 21 right to a speedy trial and expressing no view on the merits.
Justice Pravin S. Patil upheld a Rs 14,77,950 award with 12 per cent interest against Confidence Petroleum India Ltd for the death of a driver employed by its Gondia distributor, holding that the premises exception in Section 12(4) of the Employees Compensation Act must be read broadly in a beneficial law.
Justice Abhay S. Waghwase dismissed the appeal of a retired medical officer against her conviction under Section 304 Part II IPC and the MTP Act, holding that a team autopsy opinion of post-abortal haemorrhage from a uterine perforation could not be discarded merely because no foetal or placental tissue was found.
Justice Aarti Sathe held that the NSE Appellate Arbitral Tribunal, which confirmed a 2019 award making the broker pay a client Rs 15,92,671 over trades placed on a software glitch, reproduced the submissions of both sides verbatim and answered none of eight live questions, a patent illegality under Section 34(2A) that a court cannot cure by supplying finding
Justice Amit Borkar appointed a retired judge as sole arbitrator over Nisus Finance claims of Rs 16.94 crore against the developers of the Treasure Palms project, holding that an arbitration clause covering any binding provision of a non-binding term sheet prima facie reaches the exclusivity undertaking and the connected Rs 1.62 crore advisory fee, while lea
Justice Pravin S. Patil dismissed petitions by both a Bhandara school management and its teacher against a 2012 School Tribunal order, holding that Pandurang Parate, appointed in 1996 on a clear vacancy to fill a Scheduled Tribe backlog at the insistence of the Education Officer, could not be removed under a non-statutory 1995 circular, while the denial of b
The Aurangabad Bench held that Maharashtra, which sat on university proposals to sanction posts for over a decade while directing yearly temporary appointments, must treat the posts as deemed approved, regularise the teaching and non-teaching staff of the Ghansawangi and Hingoli Model Colleges, and pay arrears for three years before the petitions were filed.
A division bench found the last-seen witnesses unreliable, the ransom-call recording unproved, the recovery of the body tainted by a stock panch and the fathers prior disclosure of the spot, and the SIM evidence bare of call records or a Section 65B certificate, and acquitted Manishprasad Gaud of murder, kidnapping and destroying evidence.
Justices M.S. Karnik and Sandesh D. Patil revived a GST appeal dismissed as time-barred, holding that Section 107(1) runs from communication of the order, not from an upload to the Additional Notices and Orders section.
Justice Ranjitsinha Raja Bhonsale upheld the discharge of two directors from a trespass case, holding that criminal and house trespass need the offender at the spot and that common intention must be pleaded, not presumed.
Justice Ranjitsinha Raja Bhonsale quashed theft and wrongful restraint cases brought against members and staff of a Navi Mumbai society, holding both were offshoots of a civil dispute over maintenance and encroachment.
