Suffer For Sometime Like You Made Customers Suffer By Serving 'Analogue Paneer': Bombay High Court Denies Interim Relief To Eatery

While refusing to grant interim relief to a Thane-based Udupi restaurant, whose licence has been suspended by the Food & Drugs Administration (FDA) for serving the recently banned 'analogue paneer', the Bombay High Court on Friday (August 21) said such hotels must tell the customers by putting up boards that they are not serving what is being shown in the menu card. A division bench of...

ICC Decision That Complaint Lacks 'Sexual Element' Can Be Challenged Under POSH Act: Bombay High Court

A decision of the Internal Complaints Committee (ICC) rejecting a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013 at the threshold with a finding that 'no sexual element' is involved in the plaint, without conducting an enquiry, would still amount to a 'recommendation' under the Act and the said decision can be 'appealed'...

'Appalling Apathy': Bombay High Court Pulls Up State Over Failure To Protect Children Walking Through Wildlife-Prone Areas To Reach School

The Bombay High Court on Wednesday (August 19) slammed the Maharashtra Government for its 'appalling apathy' in not taking any effective steps for the protection of around 228 school going children, who walk almost 30 kilometres daily from the Sahyadri Tiger Reserve (STR) and are exposed to possible wild animals attack. A division bench of Justice Sharmila Deshmukh and Justice Neeraj Dhote noted that at least 228 students are compelled to walk for nearly four hours a day to reach their schools...

Bombay High Court Allows Day-Care Centre In Residential Flat To Continue For 6 Weeks, Asks MHADA To Decide 'Change User' Plea

The Bombay High Court on Wednesday (August 19) directed the Maharashtra Housing and Area Development Authority (MHADA) to allow a pre-school and day care centre to operate from a residential apartment at least for the time till the authority decides the 'change of user' application filed by the said pre-school. A division bench of Justice Makarand Karnik and Justice Sandesh Patil has protected from eviction till six weeks, the HMI Learning Private Limited, which provides day-care and...

Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court

The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...

Mere Annoyance Or Irritation In Marital Life Is Not Cruelty: Bombay High Court Denies Divorce To Husband

Mere annoyance or irritation between a couple will not amount to cruelty and cannot be a ground for seeking divorce under the Hindu Marriage Act, held the Bombay High Court recently while dismissing a husband's appeal against an order of a Family Court, which too had dismissed his plea seeking dissolution of his marriage on grounds of cruelty. A division bench of Justice Urmila Joshi-Phalke and Justice Raj Wakode said the allegations of cruelty cannot be considered on trivial issues and...

'Competitive Exams May Be Intense, But Can't Justify Manipulating Scorecard': Bombay High Court Upholds Cancellation Of Student Admission

Competition for admission to professional courses is undoubtedly intense but no admission, however desirable, can justify manipulation of of an examination record, the Bombay High Court held while refusing to grant any relief to a student, whose provisional admission to a B.Tech course was cancelled by a University in Pune after noting that the scorecard submitted by the student did not...

Law Department Must Not Succumb To Pressure From Other Departments: Bombay High Court Rejects Delayed State Appeal

The Department of Law and Judiciary (DLJ) must act independently and not succumb to pressure mounted by any of the other departments of a State Government, held the Bombay High Court while refusing to condone a delay of 650 days in filing appeal against acquittal in a Prevention of Corruption (PC) Act case. Sitting at the Nagpur seat, a single-judge Justice Mahendra Nerlikar also imposed a...

'UK Law Degree Recognised By BCI For Enrolment Cannot Serve As 'First Degree' For Admission To 3-Year LLB In India': Bombay High Court

The Bombay High Court has held that a three-year undergraduate law degree obtained from a foreign university, merely by reason of its recognition by the Bar Council of India for the purposes contemplated under the regulatory framework governing foreign law degrees, cannot be treated as the qualifying “First Degree” for admission to the three-year LL.B. course in India. The Court further...

Bombay High Court Upholds Quashing Of Process Issued Against BJP's Mangal Prabhat Lodha In 2007 Cheating Case

The Bombay High Court on Monday (August 18) upheld an order passed by Magistrate in October 2008 quashing the process issued against BJP leader and Maharashtra's Cabinet Minister Mangal Prabhat Lodha in a 2007 case of alleged cheating and fraud with respect to development of certain properties in Thane district. Single-judge Justice Milind Jadhav found that the complaint filed by one...

Mumbai Municipal Corporation Act Cannot Be Invoked To Acquire Private Land For Connector Road Where No Public Street Exists: High Court

The Bombay High Court has held that Sections 297 and 299 of the Mumbai Municipal Corporation Act, 1888 cannot be invoked to take possession of private land where there is no existing public street over the portion sought to be acquired. The Court further held that the statutory power under Sections 297 and 299 cannot be extended to an exercise which would substantially and actually dismember...

Prior Permission U/S 83 Registration Act Not Mandatory For Prosecution, Private Complaint Maintainable: Bombay High Court

The Bombay High Court has held that prior permission under Section 83 of the Registration Act, 1908 is not mandatory for initiating proceedings under the Act. The Court observed that it is open to a private individual to file a complaint, as the language of Section 83 is permissive and not mandatory.Justice Ranjitsinha Raja Bhonsale was hearing an application under Section 482 CrPC...