Latest Bombay Hc updates from LegalRepublic.in.
Justice Arun R. Pednekar upheld the eviction of State Bank of India from its Vile Parle staff quarters, holding that paying rent to the landowner for decades worked an implied surrender up an unregistered chain of sub-leases.
Justice Milind N. Jadhav granted bail to a 29-year-old after appointing a legal aid lawyer for the 16-year-old girl, relying on her own statement while noting she said money may have changed hands between her relatives and the accused.
Justices Kishore C. Sant and Abasaheb D. Shinde dismissed review applications by junior engineers appointed from a wait list, holding that a seniority grievance already answered cannot be reargued as an error on the face of the record.
Justices B.P. Colabawalla and Farhan P. Dubash quashed two refusals of approval under Section 10(23C)(via), holding that a surplus does not by itself show a profit purpose and that penalising a hospital for improving its equipment inverts the test.
Justice Arif S. Doctor dismissed an ex-employee application to recall an ex parte order and imposed costs of 5 lakh rupees, holding that a grievance about the execution of a commission belongs in court, not in a police station.
Justice Milind N. Jadhav released two brothers on bail in a 2021 murder case, holding that the ignominy of a trial that will not conclude in the foreseeable future is itself a ground, without any opinion on the merits.
Justice Sandeep V. Marne confirmed the basement purchaser's membership but confined it to the 59.02 square metres sanctioned as storage, to be treated as residential for redevelopment, and refused a stay.
Justice Amit Borkar declined to decide a Section 11 application either way, holding that an authoritative answer is better than another judgment which may itself lead to another reference.
Justices Suman Shyam and Gautam A. Ankhad dismissed nineteen petitions against eviction notices, declining to extend to Section 95A a jurisdictional bar laid down for Section 79-A.
Justice Milind N. Jadhav granted bail on the ground of long incarceration alone, recording that the ignominy of a trial not commencing in the near foreseeable future was apparent.
Justice Sandeep V. Marne set aside the Competent Authority's refusal and remanded the application with a direction to issue the deemed conveyance certificate.
Justice N.J. Jamadar held that a copy reaching someone on behalf of the advocate does not discharge the statutory obligation, and declared the petition not time-barred.
Justice Aarti Sathe declines to interfere with an eviction from a Wagle Industrial Estate plot, distinguishing a tax case in which the authorities had changed grounds between the show cause notice and the final order.
Justice Somasekhar Sundaresan holds that a body functioning as an agent of the State Government under Section 113(3A) of the MRTP Act stands in no better position than any implementing partner, and that bearing the cost of an award confers no independent status.
A Division Bench of Justices M. S. Karnik and Sandesh D. Patil hold that the Corporation's own resolution appointing the petitioners and its approved proposal for their regularisation must weigh in their favour, and grant arrears from 1 October 2016.
A Division Bench of Justices Bharati Dangre and Ashish S. Chavan dismiss two petitions challenging an arbitrator appointed by the Central Registrar, holding that a declaration under Section 12 of the Arbitration Act was on record and that multiple references from one bank create no bar.
Justice Ranjitsinha Raja Bhonsale holds that apart from stating the petitioner's designation the complaint contains no averment at all, that vicarious liability provisions must be strictly construed, and that continuing the prosecution would be an abuse of process.
Justice Hiten S. Venegavkar releases a murder accused forthwith with no bail bond and no surety, holds the arrest and all custody founded on it vitiated under Article 22(1) and Section 47 of the BNSS, and directs the Director General of Police to review the forms in use.
Justice Ranjitsinha Raja Bhonsale refused relief under Section 482, holding that the planning authority had itself doubted the plan and that a civil remedy does not bar a criminal case.
Justice Sandeep V. Marne rejects the workmen's case on functional integrality and Section 25-FFA, but extends 1999 voluntary retirement benefits to all 85 of them without adjustment.
Justices A.S. Gadkari and Kamal Khata hold that Chapter 10 of the UDCPR does not displace the planning authority's power to relax, while recording that the petitioner's RTI queries were answered belatedly and vaguely.
A Division Bench quashes the State's insistence on a fresh test, grants permanency within two weeks, and asks the government to end long-term contractual hiring across municipal corporations.
Justice N.J. Jamadar held that transferring interim custody of a girl raised since infancy by a non-guardian stranger would harm her welfare, even though her biological parents retain legal rights.
Bombay High Court sets aside a trial court order adding an assignee as co-plaintiff, holding that a deed of assignment executed before the suit was filed cannot justify impleadment under Order I Rule 10 CPC.
