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Showing posts with the label Bombay High Court

High Court Rules: Mere Presence in a Dance Bar Is Not a Crime

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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 ...

Tenancy Rights Cannot Be Bequeathed in Breach of Contract: Bombay High Court Ruling

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Introduction In a landmark judgment impacting the transfer and inheritance of tenancy rights, the Bombay High Court held that tenancy rights cannot be bequeathed through a will if such transfer breaches the contractual terms between a tenant and landlord. Justice Gauri Godse delivered this ruling, emphasizing that permitting such bequests would effectively allow tenancy rights to be transferred to strangers, contrary to the intent and terms of tenancy agreements. Background of the Case The case involved a 2,000-square-foot flat and garage located in the Queen’s Court Building , near Oval Maidan, Churchgate, Mumbai . The property was owned by the Life Insurance Corporation of India (LIC) and leased to Dr. Darasahah Bharucha on May 19, 1986 . After the death of Dr. Bharucha’s wife, Tehmina, the tenancy was transferred to him. Following Dr. Bharucha’s death on September 11, 1994 , his niece Nilofer Marshall , the daughter of his cousin, continued to occupy the flat. Marshall cl...

Bombay High Court Rules: Property Received by Hindu Widow in Partition or Maintenance Is Her Absolute Right

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In a landmark judgment reinforcing women’s property rights under Hindu law , the Nagpur Bench of the Bombay High Court has ruled that any property received by a Hindu widow , either in partition or in lieu of maintenance , shall be treated as her absolute property , not as a limited estate . Justice Rohit W. Joshi , delivering the verdict, emphasized that a Hindu woman’s right to maintenance is a substantive legal entitlement — not “an empty formality or an act of grace,” but a tangible right against property . Case Background: The Bhamburkar Family Dispute The case stems from a decades-old property dispute within the Bhamburkar family of Nagpur . In 1928 , one Balaji Bhamburkar purchased several properties and built a house in 1931 . After his death in 1932 , his estate was divided among his three sons — Harihar, Keshao, and Krushna — and his widow, Laxmibai , through a deed executed on October 26, 1953 . Under this deed, the disputed house was allotted to Laxmibai . Laxmi...

HC Refuses to Stall Redevelopment of Pratibha Tower: A Case Study in Redevelopment Law and Majority Consent

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Case Background: Pratibha Tower and Its Controversial History Pratibha Tower was originally a 36-storey luxury residential project in Breach Candy, Mumbai, launched in 1984. It later became the center of a major real estate fraud scandal when authorities found that the developer had overstated the plot area to gain unauthorized Floor Space Index (FSI) benefits. This resulted in illegal additional construction and regulatory intervention. Among the early apartment purchasers were well-known personalities, including Lata Mangeshkar and Asha Bhosale , highlighting the project’s high-profile nature. Litigation Timeline and Demolition 1989 – BMC ordered demolition of the top eight floors . 2019 – The remaining structure was demolished after the cooperative society resolved to redevelop the land. 2022 – Society selected Crest Residency Pvt Ltd (JV: RA Enterprises + Crest Venture) as the new developer. June 2025 – Society member Devyani Gulabsi filed a suit challe...

Bombay High Court Denies Bail to Serial Child Rapist: Reinforcing the Paramount Duty of Protecting Children

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Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

Bombay High Court Orders Transfer of 10,000 Hectares of Mangrove Land to Forest Department

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The Bombay High Court has issued a significant environmental directive, ordering six district administrations in the Konkan region — Mumbai City, Mumbai Suburban, Thane, Palghar, Raigad, and Sindhudurg — to transfer 10,000 hectares of mangrove land to the Maharashtra Forest Department within two months . The order, passed by a division bench comprising Justice Revati Mohite-Dere and Justice Sandesh Patil , came in response to a contempt petition filed by the Mumbai-based NGO Vanshakti in 2018 . The case underscores the persistent failure of local administrations to implement earlier court orders aimed at protecting the state’s vital mangrove ecosystems. Background of the Case The petition by Vanshakti , an environmental NGO, was filed after the state failed to comply with the Bombay High Court’s 2018 directions mandating the transfer of mangrove lands to the forest department’s mangrove cell for protection. According to Vanshakti, although 4,000 hectares of mangrove land ...

ED Moves Supreme Court Against Bombay High Court Order Declaring Former VVCMC Chief’s Arrest Illegal

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The Enforcement Directorate (ED) has approached the Supreme Court of India , challenging the Bombay High Court’s order that declared the arrest of former Vasai Virar City Municipal Corporation (VVCMC) chief Anilkumar Pawar as illegal and ordered his immediate release. The ED, through a Special Leave Petition (SLP) , has also sought a stay on the High Court’s order pending final adjudication. The plea is expected to be heard on Friday before the Supreme Court bench. High Court’s Findings: Arrest Declared Illegal and Arbitrary In a strongly worded order, the Bombay High Court bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad criticised the ED’s actions, terming the arrest “arbitrary, illegal and unsupported by evidence.” The court observed that the arrest violated Section 19 of the Prevention of Money Laundering Act (PMLA), 2002 , as well as Articles 14, 19, and 21 of the Constitution of India , which guarantee equality before law, freedom of mov...

PIL Challenges Legality of Toll Collection at Mumbai’s Entry Points

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A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the legality of continued toll collection from heavy vehicles entering Mumbai through five key entry points. The petition argues that the ongoing toll collection violates constitutional and statutory provisions and imposes an arbitrary financial burden on vehicle owners. Details of the PIL and Parties Involved The PIL, filed by advocate Pravin Wategaonkar , names the Chief Secretary of Maharashtra and the Maharashtra State Road Development Corporation (MSRDC) as respondents. The MSRDC manages major arterial roads in Mumbai and collects toll through contractors. Currently, only heavy vehicles entering Mumbai through five major entry points — Dahisar, LBS Road (Mulund), Eastern Express Highway (Mulund), Airoli Creek Bridge, and Vashi — are required to pay toll tax. Earlier, even light motor vehicles paid tolls ranging from ₹45 to ₹75. However, they were exempted from toll ...

Bombay High Court Directs Shilpa Shetty and Raj Kundra to Deposit ₹60 Crore for Consideration of Foreign Travel Plea

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 The Bombay High Court on Wednesday directed Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra to deposit ₹60 crore with the court registry if they wanted their plea to travel abroad to be considered. The direction came during the hearing of a petition filed by the couple challenging the look-out circulars (LOCs) issued against them by the Economic Offences Wing (EOW) of the Mumbai Police. EOW’s Look-Out Circular and the ₹60.48-Crore Cheating Case The case stems from a ₹60.48-crore cheating complaint linked to the couple’s now-defunct online retail venture, Best Deal TV Pvt. Ltd. The EOW had issued look-out circulars on September 5, 2025 , preventing Shetty and Kundra from leaving India while the investigation was ongoing. The LOCs were based on a complaint filed by Deepak Kothari , a city-based businessman and director of Lotus Capital Financial Services , who alleged that Shetty and Kundra had diverted investor funds for personal use between 2015 an...

Bombay High Court Orders Probe Into Claim on Parsi Heiress Hilla Dadysett’s ₹250-Crore Estate

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Background: The Passing of the Last Dadysett Heiress Hilla Dadysett, aged 100, the last surviving member of one of Mumbai’s most illustrious Parsi families, passed away on May 22, 2023 . She left behind a will that donated her sprawling residence, Monte Rosa , a 3,599.54 sq. metre bungalow at Kemp’s Corner valued at approximately ₹250 crore , to charity. Her will, dated December 18, 2015 , was executed by Hoshang and Rashna Khan , long-time acquaintances and nominated executors.

Bombay High Court: Civic Bodies Must Compensate Citizens for Pothole-Related Losses

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Court’s Strong Observations The Bombay High Court has held that municipal corporations across Maharashtra must be held liable for loss of life, injuries, and damages caused to citizens due to potholes. The court emphasized that it was unacceptable for citizens to suffer without any fault of their own because of the negligence of civic authorities. A division bench of Justice Revati Mohite-Dere and Justice Sandesh Patil made these remarks on Friday while hearing a suo moto public interest litigation (PIL) initiated after reports of multiple pothole-related fatalities. Data Collection on Pothole Deaths Ordered The High Court directed all municipal corporations to collect and submit data on pothole-related deaths and injuries within their jurisdictions. It also asked the Maharashtra State Road Development Corporation (MSRDC) to provide details of accidents on roads and flyovers maintained by them. The court observed: “Municipal corporations must be made liable for this. Th...

1993 Bombay Blasts Case: Convict Files Petition for Medical Care, HC Rejects Tiger Memon Kin’s Property Plea

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Convict Seeks Urgent Medical Treatment in Jail A convict in the 1993 Bombay serial bomb blasts case , Nasir Abdul Kadar Kewal alias Nasir Dhakla , has approached the Bombay High Court seeking urgent medical treatment. Kewal, who is serving a life sentence at Nashik Central Prison , filed a writ petition on August 20 through Advocate Farhana Shah, alleging negligence on the part of prison authorities and requesting court intervention. In his plea, Kewal highlighted his medical history, including ischaemic heart disease and hypertension , which had led to multiple hospital admissions at Sir J.J. Hospital in April 2025 . Following his discharge on April 23, doctors recommended strict medication compliance and regular follow-up visits. However, Kewal alleged that his repeated requests to be taken for check-ups were denied due to the “unavailability of escort staff.” The petition argues that adequate medical treatment is a constitutional right , even for convicted prisoners, and the denia...

Supreme Court Clears Way for Dharavi Residents’ Rehabilitation on Mulund Salt Pan Land

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Introduction In a landmark decision that could reshape Mumbai’s urban planning, the Supreme Court of India has upheld the Bombay High Court’s ruling to allocate 150 acres of Mulund salt pan land for the rehabilitation of ineligible Dharavi residents under the Dharavi Redevelopment Project (DRP). The verdict brings closure to a decades-long legal dispute over land originally leased for salt production but left unused for over 30 years. Dharavi Redevelopment Project: Eligibility Criteria The Dharavi Redevelopment Project, one of the world’s largest urban renewal initiatives, classifies residents into categories based on settlement dates: Residents before January 1, 2000 : Eligible for free 350 sq ft homes within Dharavi . Residents between January 1, 2000 and January 1, 2011 : Eligible for 300 sq ft homes at alternate sites , such as the Mulund salt pan land. This classification ensures equitable rehabilitation while addressing the housing needs of a massive slum popula...

Maharashtra Government to Challenge Bombay High Court Verdict on 2006 Mumbai Serial Blasts in Supreme Court

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Bombay High Court Acquits All 12 Accused After 19 Years On July 15, 2024, the Bombay High Court delivered a landmark judgment , acquitting 12 individuals previously convicted for their alleged involvement in the 2006 Mumbai serial train blasts , which had resulted in the deaths of 189 passengers and injuries to more than 827 commuters . The verdict, which comes 19 years after the tragedy , has triggered mixed reactions across the country—bringing joy to the families of those acquitted and renewed anguish to victims’ families still seeking justice. Chief Minister Devendra Fadnavis: "We Will Challenge the Verdict in Supreme Court" Reacting swiftly to the High Court’s decision, Maharashtra Chief Minister Devendra Fadnavis expressed shock and disappointment , calling the verdict “very shocking.” He announced that the state government would move the Supreme Court to challenge the acquittals and seek a re-examination of the case. “The verdict of the Bombay High Court ...