Page 3 - Bombay High Court

Maha ex-minister Anil Deshmukh gets bail in corruption case after 13 months

The Bombay High Court is likely to pass an order on Monday on the bail plea of former Maharashtra home minister Anil Deshmukh in a corruption case being probed by the Central Bureau of Investigation (CBI). A single bench of Justice M S Karnik had reserved the order on the plea last week after both sides completed their arguments. Deshmukh, 74, approached the HC after a special CBI court rejected his bail plea last month. He sought bail on medical grounds as well as on merits. The Nationalist Congress Party (NCP) leader has been in jail since November last year after he was arrested by the Enforcement Directorate (ED) in a money laundering case. In April this year, he was arrested by the CBI in the corruption case. He is in judicial custody and lodged at the Arthur Road prison in Mumbai. Deshmukh was granted bail by the high court last month in the ED case. His bail plea in the corruption case was, however, rejected by the special CBI court noting there was prima facie evidence a

'Mumbai civic body responsible for untoward incident due to open manholes'

The Bombay High Court on Wednesday said while it appreciates the work being done by the city's civic body to cover open manholes, but until then if there is any untoward incident, then the corporation would be held responsible. A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja said it was concerned over the issue of open manholes across the city and sought the Brihanmumbai Municipal Corporation (BMC) to come up with a permanent solution. The bench was hearing a bunch of petitions raising concerns over the increasing number of potholes across Maharashtra and also open manholes. BMC's counsel Anil Sakhare told the court on Wednesday that the civic body was addressing the issue of open manholes on a "war-footing basis" and work was on to close all such manholes. The bench then said while the corporation's efforts are appreciated but if till then there was any untoward incident, then the BMC would be held responsible. "Good you (BMC) are working but till then if

Bombay HC terms open manholes as death traps, directs BMC to cover them

The Bombay High Court on Tuesday took serious note of open manholes in the city terming them as "death traps", and directed the Brihanmumbai Municipal Corporation (BMC) to cover these up immediately. A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing petitions raising concerns over potholes on city roads causing accidents. On Tuesday, advocate Ruju Thakker, representing one of the petitioners, pointed out that there were around 300 open manholes on the service road of the Eastern Express Highway Though several complaints had been lodged with the authorities, not a single manhole has been covered, she claimed. The bench then asked the BMC's counsel Anil Sakhare to verify if this was true. The court said it wants all the open manholes covered by November 28 and directed the civic body to submit a compliance report on December 1. Thakker further cited a recent incident where a woman fell into an open manhole at Vasai and died. Advocate Swati Sagwek

Bombay HC orders testing of J&J baby powder, allows firm to manufacture

The Bombay High Court on Wednesday ordered for fresh testing of Johnson & Johnson baby powder samples and permitted the company to manufacture the product but to not sell it, as per the Maharashtra government order. The company had filed a petition challenging two orders of the state government- one dated September 15 cancelling the license and the second dated September 20 ordering to immediately stop manufacturing and sale of the company's baby powder product. The orders were passed by the joint commissioner and licensing authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found the powder containing higher pH level than prescribed. A division bench of Justices S V Gangapurwala and S G Dige on Wednesday directed the FDA to collect fresh samples from the company's factory in Mulund area of Mumbai within three days. The sample would then be sent to three laboratories - two ...

Extortion case: Bombay HC grants pre-arrest bail to DCP Saurabh Tripathi

The Bombay High Court on Tuesday granted pre-arrest bail to suspended Deputy Commissioner of Police (DCP) Saurabh Tripathi in the angadiya (traditional couriers) extortion case. A single-judge bench of Justice Bharati Dangre noted that Tripathi had cooperated with the investigation and charge sheet in the case already filed by the police. Tripathi had approached the high court after a sessions court rejected his anticipatory bail plea. The LT Marg police, in south Mumbai, on February 19 registered an FIR in connection with the extortion case, in which four policemen, including Tripathi, an IPS officer of the 2010 batch, were named as accused. An inspector, an assistant inspector and a sub-inspector attached to LT Marg police station were arrested in the case. They are out on bail now. A complaint filed last December by the Angadiya Association in south Mumbai alleged that Tripathi demanded Rs 10 lakh per month from them as a bribe to allow them to run their business ...

HC issues notice to Bar Council of India on PIL against court vacations

The Bombay High Court on Tuesday issued a notice to the Bar Council of India (BCI) seeking its response on a plea challenging the practice of courts taking long vacations, thereby affecting hearing of cases. A bench of Justices SV Gangapurwala and SG Dige noted that the expectation of the litigant was legitimate, but added a shortage of judges was also an issue that needed to be addressed. "From where do you get judges to constitute benches? Expectation of the litigant is legitimate and we understand, and the predicament too, but what can we do", the court said. The bench was hearing a public interest litigation filed by one Sabina Lakdawala challenging the vacations being taken by the High Court claiming the practice is in violation of the fundamental rights of litigants whose rights to seek justice gets affected. The bench noted that the views of the BCI on the plea was relevant. The high court breaks for vacations three times every year - summer vacation (one month), Diwali ...

Bombay HC: Prima facie removal of Kochhar as ICICI Bank CEO valid

In the order the Judge said that the bank was justified in revoking acceptance of early retirement of Kochhar as they had accepted it without having complete knowledge of the facts

SC upholds Bombay HC order quashing property tax opposed by developers

Real estate developers say they paid exorbitant amounts to municipality as Land Under Construction Tax

HC issues notice to Maharashtra GST dept for arrest over circular trading

Petition says arrest made despite a CBIC circular saying that no tax liability is there in circular trading

Supreme Court dismisses former judge's plea to rename Bombay High Court

The Supreme Court on Thursday turned down a plea seeking directions to change the name of Bombay High Court to Maharashtra High Court. A bench of Justices Aniruddha Bose and Vikram Nath dismissed the petition filed by a former judge. "These are issues for law makers to decide. What fundamental right is prejudiced for you to bring it here?", the bench said. The plea filed by Thane-based V P Patil, who had served as a judge for 26 years, has also sought a direction to the authorities to take effective steps for implementation of a clause of the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960 for conservation and preservation of distinct culture, heritage and traditions of the people of Maharashtra. Patil said authorities concerned in other states should also be directed to change the names of their high courts as per the name of the states where they are located. It said that the assertion of the word 'Maharashtra' denotes special significance in the life

Baby powder case: Bombay HC asks Maharashtra to give report to J&J

The Bombay High Court has directed the Maharashtra government to hand over to Johnson & Johnson Pvt Ltd a report of the Central Drug Laboratory, Kolkata, based on which the state had cancelled the company's cosmetic manufacturing licence for its Mulund facility for its baby powder. A vacation bench of Justices N J Jamadar and Sharmila Deshmukh passed the decision on Wednesday while hearing a petition filed by the company challenging two orders of the state government - one dated September 15 cancelling the license and the second dated September 20 ordering to immediately stop manufacturing and sale of the company's baby powder product. The orders were passed by the Joint Commissioner and Licensing Authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory, which found the powder containing higher pH level than prescribed. The company challenged the orders first before the Maharashtra Minister for Food and

Married woman asked to do household work for family not cruelty, says HC

If a married woman is asked to do household work for the family, the same cannot be equated to the work of a maid servant and would not amount to cruelty, the Aurangabad bench of the Bombay High Court said while quashing a case lodged by a woman against her estranged husband and his parents for domestic violence and cruelty. A division bench of Justices Vibha Kankanwadi and Rajesh Patil, on October 21, quashed the First Information Report lodged against the man and his parents. The woman, in her complaint, had alleged she was was treated properly for a month after marriage, but thereafter, they began treating her like a maid servant. She also claimed her husband and his parents, a month after the marriage, started demanding Rs 4 lakh to buy a four-wheeler. In her complaint, the woman said she was then subjected to mental and physical harassment by her husband over this demand. The HC, in its order, noted the woman had merely stated she was harassed but had not specified any such ac

Anil Deshmukh moves Bombay High Court for bail in Rs 100 cr extortion case

Former Maharashtra Home Minister Anil Deshmukh on Wednesday moved the Bombay High Court in connection with the Rs 100 crore extortion case filed by the Central Bureau of Investigation case.This comes days after a special CBI court rejected Deshmukh's bail plea on October 21.The hearing on the NCP leader's bail plea will take place on November 11.Earlier, rejecting the bail application of Anil Deshmukh, the CBI court said that in this case, the statement of public witness Sachin Waze has been recorded by the CBI during the hearing of the bail application.He had been accused of asking policemen to collect Rs 100 crores illegally for him every month from bar owners in Mumbai."It is clear from the statements of the witnesses that Anil Deshmukh is the main conspirator in this whole case. The charges against him are very serious. In such a situation, if he is granted bail, he can influence the case and the witnesses," the CBI court said."Whatever medical facilities Anil Deshmukh needs is ...

Calling husband 'womaniser and alcoholic' amounts to cruelty: Bombay HC

The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh in its order passed on October 12 dismissed an appeal filed by a 50-year-old woman, challenging a November 2005 decree passed by a family court in Pune dissolving her marriage to a retired Army official. The man died pending hearing of the HC appeal following which the court directed for his legal heir to be added as a respondent. The woman in her appeal claimed her husband was a womaniser and alcoholic and due to these vices she was deprived of her conjugal rights. The bench said the wife's conduct in making unwarranted and false allegations against her husband's character results in damage to his reputation in society and this amounts to cruelty. The HC in its order noted that apart from her

Godrej & Boyce creating hurdles for bullet train project: Maha govt to HC

The Maharashtra government on Tuesday told the Bombay High Court that Godrej & Boyce Manufacturing Co Ltd had left no stone unturned to create unnecessary hurdles for acquisition of land, owned by the company, for the Ahmedabad-Mumbai bullet train project. A division bench of Justices Nitin Jamdar and Sharmila Deshmukh was hearing a petition filed by Godrej & Boyce Manufacturing Co Ltd challenging an order of September 15, 2022 passed by the state government awarding compensation to it for land acquisition for the project. The company, in their petition, sought that the high court direct the state government to not start the process of awarding compensation and initiate possession proceedings. The state government, in its affidavit filed by deputy collector (land acquisition) Jagatsing Girase, termed the company's allegations as frivolous, baseless, unwarranted and unsubstantiated. It also informed the court that the acquiring body of the state government has already deposited

DY Chandrachud appointed 50th Chief Justice of India, to take oath on Nov 9

Lauded as a feminist judge for his reasoning, Justice Chandrachud spoke to young law graduates recently and told them to incorporate a feminist way of thinking while dealing with the law

SC suspends HC order of acquitting Saibaba, others in Naxals link case

In a special hearing on Saturday, the Supreme Court suspended the October 14 order of the Bombay High Court which discharged former Delhi University professor GN Saibaba and others

Fadnavis welcomes SC decision to suspend HC order on Saibaba's acquittal

Maharashtra Deputy Chief Minister Devendra Fadnavis on Saturday welcomed the decision of the Supreme Court to suspend the Bombay High Court's order of acquitting former Delhi University professor G N Saibaba and others in a Maoist links case. The top court on Saturday rejected Saibaba's request to order his release from jail due to his disability and health conditions and put him under house arrest after the Maharashtra government opposed the prayer, saying that nowadays, there is a new tendency of "urban naxals" to seek house arrest. The high court had acquitted Saibaba and others in the case on Friday. Speaking to reporters at the Nagpur airport, Fadnavis said, "I am satisfied with the apex court's decision to suspend the high court order on professor G N Saibaba. Yesterday, I had said that the high court decision was surprising and shocking for us, because releasing a person on technical grounds, against whom there was ample evidence of directly helping Maoists, was wrong. Hence,

Bombay HC bench acquits ex-DU professor G N Saibaba in Maoist links case

The Nagpur bench of the Bombay High Court on Friday acquitted former Delhi University professor G N Saibaba in an alleged Maoist links case, and ordered his immediate release from jail. A division bench of Justice Rohit Deo and Anil Pansare allowed the appeal filed by Saibaba challenging a 2017 order of the trial court convicting him and sentencing him to life imprisonment. Saibaba, who is wheelchair-bound due to a physical disability, is currently lodged at the Nagpur central prison. The bench also allowed the appeal of five other convicts in the case and acquitted them. One of the five died pending hearing of the appeal. The bench directed for the convicts to be released forthwith from jail unless they are accused in any other case. In March 2017, a sessions court in Maharashtra's Gadchiroli district had convicted Saibaba and others, including a journalist and a Jawaharlal Nehru University (JNU) student for alleged Maoist links and for indulging in activities amounting to waging

DY Chandrachud to succeed UU Lalit as the next Chief Justice of India

Chandrachud was the additional solicitor general of India in 1998 and was sworn-in as the chief justice of the Allahabad High Court in 2013