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Developer Cannot Postpone Society Formation Due to Future Wings I. Case Background In a significant ruling strengthening the rights of flat purchasers, the Bombay High Court has held that the registration of a Co-operative Housing Society (CHS) for a completed wing cannot be deferred until the entire real estate project is completed . The Court set aside the orders passed by the Divisional Joint Registrar (DJR), Co-operative Societies , and the Minister for Co-operation , which had cancelled the registration of a society in Mulund West, Mumbai . II. Facts of the Case The dispute concerned the 360 Degree Business Park Premises Co-operative Society , formed for the Brite Building , a 10-storey commercial structure constructed in 2007 by Brite Tools Pvt Ltd . Key Facts: Full Occupancy Certificate (OC) issued in August 2013 44 units sold by the developer Building fully occupied and functional No society formed by the developer despite completion As a result, 31 ...

Case Background — May 19, 2024 Crash at Kalyani Nagar The case arises from the May 19, 2024 incident in Pune, where a Porsche car allegedly driven by a 17-year-old under the influence of alcohol rammed into a motorcycle near Kalyani Nagar on Airport Road shortly after 2 a.m., resulting in the death of two bike riders — Anis Awadhiya and Ashwini Koshta. The accused juveniles were returning from a late-night party along with friends when the fatal crash occurred. The incident triggered widespread public outcry due to allegations of attempts to shield the juveniles and manipulate forensic evidence. Supreme Court Proceedings — Notice Issued on Bail Pleas The Supreme Court bench of Justices BV Nagarathna and Ujjal Bhuyan issued notice to the State of Maharashtra on the bail petitions filed by two of the accused after the Bombay High Court rejected their bail pleas on December 16. The Court directed the matter to be listed for hearing on January 30, while calling for the State’s response. Th...

Background of the Case: Dispute Over the Estate of Hilla Dadysett The Bombay High Court dismissed a caveat filed by Khushroo Behramshaw Mogal , who claimed inheritance rights over the property of late Hilla Dadysett , the last surviving member of an eminent Parsi family in Mumbai. Dadysett passed away on 22 May 2023 , leaving behind a will bequeathing her share in her Kemp’s Corner bungalow, Monte Rosa , valued around ₹250 crore , to charity. Her executors, Hoshang and Rashna Khan , filed a testamentary petition seeking probate of her will and codicils before the High Court. While the probate petition was pending, Mogal filed a caveat , claiming that he was “like a son” to the deceased and relied on an alleged later will dated 23 March 2023 , which he asserted superseded all previous instruments. Allegation of Forged Will and Possible Data Leak The Court noted serious suspicion that Mogal may have gained unauthorized access to confidential documents filed in the pending probate petiti...

The Bombay High Court has granted interim relief to Russian national Pavel Aleksandrovich Prozorov , alleged mastermind of the OctaFX investment fraud, by restraining the adjudicating authority under the Prevention of Money Laundering Act, 2002 (PMLA) from confirming attachment of his properties until the next hearing. The matter will be heard again on January 19 . The order was passed by a Division Bench of Justice Revati Mohite Dere and Justice Sandesh Patil on December 22, in response to a writ petition moved through Prozorov’s power of attorney holder, Raviraja Kanyadi . Background of the Case: ED Probe and Alleged Forex Investment Scam Alleged Fraudulent Investment Scheme According to the Enforcement Directorate: • OctaFX allegedly lured investors with claims of – 2× returns in five months, and – 3× returns in eight months • The platform presented itself as a global forex trading service • It allegedly operated without RBI authorization • Investor funds were allegedly routed ove...

Introduction — Court Protects Due Process and Natural Justice The Bombay High Court has stayed a UCO Bank order classifying former Reliance Communications Ltd (RCom) independent director Manjari Ashok Kacker as a “fraudulent borrower” , after finding that: no specific allegations or personal role were attributed to her, and the bank failed to share documents and materials relied upon for issuing the classification order. A Division Bench of Justice R.I. Chagla and Justice Farhan P. Dubash granted interim relief on December 24 , observing that the bank’s action was contrary to the RBI Master Directions on Fraud-2024 and violated principles of natural justice . Background of the Case Appointment and Resignation Timeline Kacker joined RCom as Non-Executive Director in 2014 She became an Independent Director in September 2018 She resigned on November 15, 2019 Meanwhile, On May 15, 2018 , Reliance Communications was admitted into Corporate Insolvency Resolution Process (CIRP) under the...

The Bombay High Court has upheld the conviction and life sentence of Murgesh Pechi Muttu, a tailor, who murdered his mother-in-law Manju Swamy in 2012 using a scissor blade. The division bench of Justices Manish Pitale and Manjusha Deshpande dismissed the appeal challenging the conviction, holding that the prosecution had proved the case beyond reasonable doubt. Case Background and Incident Narrative The incident occurred on December 19, 2012 , at a transit camp residence in Borivali, Mumbai. The deceased, Manju Swamy , intervened when the accused began assaulting his wife Asha — her daughter — shortly before Asha was to leave for her nursing shift at Arihant Hospital. During the altercation: The accused removed a sharp blade from a pair of scissors Repeatedly assaulted Swamy on the head and back Continued the attack even after she fell unconscious The victim died before reaching the hospital. The Court observed that: “The ferocity of the assault and the fact that the victim died even ...

Introduction In a significant reaffirmation of judicial authority and the binding nature of court orders, the Bombay High Court has found a prima facie case of contempt against Marina Manuel Fernandes for allegedly acting in violation of a subsisting stay on a probate granted in her favour. The case arises from a long-standing testamentary dispute concerning a valuable Bandra property , and underscores that any exercise of rights under a stayed probate amounts to contempt of court . Justice Sharmila U. Deshmukh , sitting on the Original Side of the High Court, issued notice under Chapter VIII of the Bombay High Court (Original Side) Rules , returnable on January 7, 2026 . Factual Background of the Dispute Grant and Stay of Probate A probate was granted to Marina Manuel Fernandes on November 16, 2017 , in respect of the estate of her deceased relative. On February 6, 2023 , the Bombay High Court: Stayed the operation of the probate , and Extended the stay to proceedings pending befo...

Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

Introduction In a significant ruling clarifying the scope of criminal liability of corporate executives, the Bombay High Court has held that Indian criminal law does not recognise vicarious liability unless expressly provided by statute . The Court quashed criminal proceedings against the Managing Director and a civil engineer of a construction firm , ruling that criminal negligence cannot be presumed solely based on managerial position . The judgment reinforces a foundational principle of criminal jurisprudence: personal culpability is indispensable for criminal prosecution . Factual Background of the Case Construction Project and Incident Year of Incident : October 2017 Project : Construction of an overbridge at Wardha railway station Contractor : Someshwaraya Infrastructure, owned by Krishna Mandadi , a railway contractor Incident : A pit was dug at the construction site A two-and-a-half-year-old child , son of a labourer working at the site, drowned in the pit According to records...

Introduction The Bombay High Court has acquitted Nigerian national Mathew Okako Okofor , who spent over eight years in custody under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Court overturned his 2022 conviction after finding that the mandatory procedure for sampling seized narcotics—as required under Section 52A of the NDPS Act —was not followed by the investigating agency. This ruling reinforces the judiciary’s insistence on strict compliance with procedural safeguards in NDPS cases, given the stringent punishments involved. Case Background and Arrest Circumstances of Arrest On August 2017 , the Anti-Narcotics Cell’s Azad Maidan Unit arrested Okofor near the Dongri Bridge at Wadi Bunder, Mumbai. According to police officers: Five Nigerian nationals were seen standing near the bridge “suspiciously”. Four escaped; Okofor was apprehended. A rexine bag in his possession allegedly contained a packet of white powder , identified as mephedrone ....

The Bombay High Court has delivered an important ruling that clearly defines the limits of criminal liability under the Maharashtra Obscene Dance Act and the Indian Penal Code. The Court held that simply being present at a dance bar does not automatically make a customer a criminal offender. This judgment significantly reinforces legal safeguards against arbitrary arrests and wrongful criminal prosecution in cases involving dance bar raids. Background of the Case During a police raid conducted on the night of May 4–5, 2024, at Surabhi Palace Bar and Restaurant in Chembur, Mumbai, a total of 11 individuals were detained. These included the bar manager, orchestra artists, women dancers, and multiple customers. The police filed charges alleging that women were performing obscene dances in violation of the Maharashtra Prohibition of Obscene Dance Act, 2016. A customer was also booked under: Section 188 of the Indian Penal Code (IPC) – Disobedience of public order Provisions of ...