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Acting Chief Justice Nitin Jamdar led bench continues his practice of asking PIL petitioners for their bonafides.

He has passed several orders since he took over as ACJ.

Three examples from today:

1. Give details about the bonafides.
Office should not have granted circulation, before they are satisfied about the bonafides of petitioner.
According to us registry should have taken objections, if there is no compliance of particulars.

2. Plead your bonafides in the petition and only then will we proceed.
We could dismiss the petition on this ground alone but since the lawyer is saying he will produce the details of the petitioner, we grant him opportunity to give details including source of living with docs.
Read 9 tweets
[Animal Sacrifice]

#BombayHighCourt hearing a trust's plea against recent ban on "age old practice" of animal sacrifice within the protected area of #Vishalgad Fort at Kolhapur. Image
Hearing before a bench Js GS Patel and Neela Gokhale

Sr Adv Satish Talekar for the petitioners - This practice has been going on for over 1000 years. The fort occupies only 15 acres whereas the precinct is over 300 acres.

#BombayHC #AnimalSacrifice
J Patel - Your petition doesn't have the whole background. There is at least one other petition, where they're trying to clear the entire area.

#BombayHC #AnimalSacrifice
Read 15 tweets
Bombay High Court is hearing plea seeking relaxation of 75% eligibility for the IIT JEE Mains exams.

#BombayHighCourt @DG_NTA #JEEMain2023 Image
Sahai, petitioner in person: Students who will be appearing and droppers in June, there are several students who have qualified JEE Mains and they are eligible for JEE Advanced. This criteria of 75% was not applicable for last 2 years because of COVID.

#BombayHC #JEEMain2023
Sahai: Same covid affected students who were eligible last year will not be eligible now.
Candidates who have passed exam this year will qualify for next year.

#BombayHighCourt #JEEMain2023
Read 16 tweets
Compassionate Appointment, Ex-Gratia Payment To Deceased's Wife Does Not Disentitle Her From Compensation Under Motor Vehicles Act: Bombay High Court @AmishaShriv #BombayHighCourt #RoadAccident…
@AmishaShriv giving service to the wife of deceased in place of her deceased-husband on compassionate basis, cannot be a ground to deny her compensation, which she is entitled under provisions of the Motor Vehicles Act, 1988: #BombayHighCourt #MVAct
@AmishaShriv The void which occurred in the life of that lady due to death of her husband cannot be filled by giving service on compassionate basis: #BombayHC #MVAct
Read 5 tweets
Bombay High Court is hearing a PIL challenging the proposed renaming of Aurangabad to Chhatrapati Sambhajinagar.
#BombayHighCourt Image
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne is hearing the matter.
Last month, the Supreme Court refused to entertain the petitioner's Special Leave Petition against Union's approval for the name change as the matter is already pending before the Bombay High Court
Read 18 tweets
[IT Amendment 2023]

#BombayHighCourt to shortly hear stand-up comedian KUNAL KAMRA's plea to stay new amendment to IT Rules empowering the Central Govt. to identify 'Fake News' about itself in the social media.

@kunalkamra88 #KunalKamra #ITRules Image
Kamra has challenged the amended Rule 3(1)(b)(v) of d Rules obligating intermediaries to make efforts to “cause” users not to upload or share “misinformation” or “misleading information.” Earlier intermediaries were only obligated to inform users.

#BombayHC #KunalKamra #ITRules
During the previous hearing the division bench of Justices Gautam Patel and Neela Gokhale sought the @GoI_MeitY 's response to the plea and also asked it to justify reasons necessitating the Amendment.

#BombayHighCourt #KunalKamra #ITRule2023
Read 27 tweets
Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court @AmishaShriv #BombayHighCourt #DomesticViolence…
@AmishaShriv the law makers were mindful of such a situation and therefore, Section 27 (of the DV Act) have been worded in this form: #BombayHighCourt #DomesticViolence
@AmishaShriv though the Domestic Violence Act extend to the whole of India as provided under Section 1 of the D.V. Act, the domestic violence caused on the foreign soil could also be taken cognizance by invoking Section 27 (1) (a) and (b): #BombayHC #DomesticViolence
Read 4 tweets
Six Year Old Not Expected To Know Culprit's Full Name: Bombay High Court Upholds Rape Conviction @AmishaShriv #BombayHighCourt…
@AmishaShriv it cannot be expected from a girl of six years that she would tell the full name of the other person, who is residing in the nearby area: #BombayHighCourt
@AmishaShriv She would know that person with the first or last name/surname or may identify that person by the name of the person's child/children i.e. father of a particular boy/girl: #BombayHC
Read 4 tweets
Plaintiff Alleging Breach Of Confidentiality Must Produce Confidential Info Before Court In Sealed Cover: Bombay High Court @AmishaShriv #BombayHighCourt…
@AmishaShriv the method adopted before this Court of providing such information in a sealed cover with material particulars is mandatory in terms of law...It ought to have been complied with by the plaintiff, in order to seek ad-interim reliefs from this Court: #BombayHighCourt
@AmishaShriv There has to be clear-cut, specific description and data with the Court pertaining to the information in which the plaintiff claims confidentiality: #BombayHighCourt
Read 7 tweets
Drug Manufacturer Can't Be Held Liable For Not Meeting Standards Prescribed After Date Of Manufacture: Bombay High Court @AmishaShriv #BombayHighCourt…
@AmishaShriv In this case the gazette is dated 6th October, 2005 by which standard is prescribed for the first time and thus in no case it can be said that it has retrospective operation. Admittedly the drug is manufactured on 01.10.2004 and that fact is not disputed:
@AmishaShriv Thus, no person shall be made to face prosecution for manufacturing a drug prior to prescribing certain standard. Hence, prosecuting the petitioner (drug manufacturer) for manufacturing such drug would clearly be an abuse of process of law: #BombayHighCourt
Read 7 tweets
Bombay High Court is hearing slain rationalist NARENDRA DABHOLKAR 's family's plea to continue monitoring the investigation and trial in the 2013 incident.

#BombayHighCourt #NarendraDabholkar
Adv Abhay Nevagi for the Dabholkar family

Advs Subhash Jadhav and Ghanshyam Upadhyay for accused Vikram Bhave and Sharad Kalaskar

#NarendraDabholkar #BombayHC
HC to accused - As far as monitoring is concerned, you may not have any legal right to oppose.

#NarendraDabholkar #BombayHC
Read 22 tweets
Bombay High Court is hearing a PIL against permission granted to MMRCL to cut 177 trees at Aarey Colony for the Metro project by "fraudulently claiming the trees are dead and dangerous."

#Aarey #BombayHighCourt
Hearing before the bench of Acting CJ SV Gangapurwala and Sandeep Marne

During the morning sessions Senior Advocate Venkatesh Dhond for petitioner Zoru Bhathena made the following submissions.

#Aarey #BombayHighCourt
Dhond -

On Nov 29 SC permitted MMRCL to approach the tree authority for felling of 84 trees.

MMRCL makes a supplementary application for cutting additional 93 trees.

#Aarey #BombayHighCourt
Read 31 tweets
#BombayHighCourt is hearing actor Anushka Sharma's four pleas against tax notices issued under the Maharashtra Value Added Tax Act from 2012-2016.

It is Anushka's case that the assessing officer wrongly held that by endorsing products and anchoring she acquired copyrights or tangible goods, that are sold and transferred. She contended that the copyright always remains with the producer.

#AnushkaSharma #BombayHC
Hearing before division bench of Justices Nitin Jamdar and Abhay Ahuja

#AnushkaSharma #BombayHC
Read 15 tweets
Bombay High Court is hearing Adv GUNRATAN SADAVARTE's plea against initiation of disciplinary action by the Bar Council of Maharashtra and Goa for objectionable statements in the Media.

#BombayHighCourt #GunratanSadaravte Image
During the previous hearing the bench of Justices Gautam Patel and Neela Gokhale took exception two one of the two complaints.

The court also granted him till today.

Justice Patel notes - The 2nd complaint against the petitioner has been dismissed.

Adv Subhash Jha for Sadavarte says that the complainant who should have been here is not here.

#BombayHighCourt #GunratqnSadavarte
Read 16 tweets
Bombay High Court is hearing Shiv Sena (Uddhav B Thackeray) leader #ANILPARAB's plea to quash Enforcement Directorate's ECIR in Dapoli Resort Case.

#BombayHighCourt #ED
Sr Adv Amit Desai - The complaint that constitutes the predicate offence is by the Ministry of Environment. On 11 May 2022, the ECIR gets registered.

This is imp because there is no order of the court taking congnisanze of the offence.

#BombayHC #AnilParab
Desai - In June he was made to sit for 12 hours before the ED and statement was recorded.

In November the process is issued by the magistrate. The complaint was under 420 but cognisance was not taken under 420 which is a scheduled offence.

#BombayHighCourt #AnilParab
Read 25 tweets
Bombay High Court is hearing NCP leader and former Maha Cabinet Minister HASAN MUSHRIF's plea to quash ED's money laundering case.

#BombayHighCourt #HasanMushrif @dir_ed
Hearing before a bench of Justices Revati Dere and Sharmila Deshmukh.

Earlier the court granted relief to Mushrif in another FIR against him and directed no-coercive action.
Senior Advocate Abad Ponda for Mushrif says that high court had stayed proceedings in the predicate offence
Read 24 tweets
Bombay High Court continues hearing appeal filed by Bhima Koregaon accused Gautam Navlakha seeking regular bail in the 2018 riots case.

#BombayHighCourt #BhimaKoregaon @NIA_India Image
Adv Yug Mohit Chaudhari: Some of the articles were not there in the chargesheet was the statement my learned friend had made, so I will just point out the page numbers of the chargesheet.

#BombayHighCourt #BhimaKoregaon
Chaudhari is referring to interviews with maoist leaders and articles on the same.

Adv: Just because there was an interview conducted with Dawood Ibrahim would the interviewer be booked under mcoca?

#BombayHighCourt #BhimaKoregaon
Read 10 tweets
Bombay High Court grants time to BMC to respond to application filed by activist challenging the public notice issued by the Tree Authority of Mumbai for felling of 177 trees in Aarey for Mumbai Metro Project.

@mybmc #MumbaiMetro
Sr Adv Aspi Chinoy: 84 trees which were sought to be felled are included in this, the additional trees are added after they grew in 2019.
Photographs exist of why they are different from other trees.

#BombayHighCourt #MumbaiMetro
Adv Zaman Ali: Whoever has to cut trees has to first approach SC.
A judgment has been passed to that effect
Concise summary is - what was only sought for this project was that MMRCL be permitted to fell 84 trees.
Exclusion of preservation is only for 84 trees.

Read 9 tweets
Yes Bank fell by over 12% last week on #BombayHC ruling🔻

It ruled the bank to pay back its AT1 Bonds investors

- What are AT1 Bonds?
- Are AT1 Bonds safe investments?
- What is the Bombay HC judgement?

A thread🧵👇 (1/12)
1/ What are AT1 Bonds?

Banks issue AT1 Bonds which have the following features:

- Unsecured

- Perpetual in maturity [Banks may decide to pay interest forever]

- Call option [Banks have the right to redeem the bonds]

2/ Why do people subscribe?

Banks offer higher interest rate on AT1 Bonds than other fixed income instruments, e.g., Fixed Deposit etc.

Read 14 tweets
[Live] Follow Live Reporting of SII & Ors vs Yohan Tengra & Ors, 100 Crore Defamation Suit

Bombay HC will resume the hearing of @adarpoonawalla 100 Cr defamation case on @ytengra and @AmbarKoiri shortly!

#Covishield #Genocide #MassMurderer #Defamation
Hearing before the bench of Justice Riyaz Chagla has begun with Adv Nilesh Ojha resuming his arguments.

#BombayHC #Covishield #SerumInstitute
Adv Ojha points out First false statement by Plaintiff that it is not proved that death of Dr. Snehal Lunawat was due to side effects of vaccines and therefore the allegations by defendants are false and the defendants are guilty of defaming plaintiff.
Read 16 tweets
Bombay High Court is hearing PIL of party in person seeking removal of illegal structures in the way of international airport in Mumbai.

@DGCAIndia @CSMIA_Official
AAI submits affidavit: There are 123 applications received, 104 have been granted and 19 are pending.
We refer to civil aviation height restriction rules of 2015 under the aircraft act.
Under Rule 4, schedule 2, calculations are mentioned.

Yashwant Shenoy, petitioner in person - rules are standard, provides for when will extra height be given. Amendment made to this. You get a certificate of no objection valid for 12 years, but once an obstacle always an obstacle.

Read 25 tweets
#SupremeCourt to hear plea challenging #BombayHC judgment which upheld final notification issued by Deputy Revenue Commissioner, Aurangabad Municipal Corporation, regarding delimitation/ward formation and draw of reservation of seats for the Aurangabad Municipal Corporation polls Image
CJI: we cannot stay the election process

Sr Adv Devadatt Kamat: there are observations made in HC order. please leave all rights and contentions open in view of fresh ordinance.
Kamat: purity of elections has to be maintained. Delimitation exercise inputs cannot be leaked to political parties. SEC on affidavit has agreed that there has been a leak. sec has a duty to maintain secrecy of the process
Read 8 tweets
#maharashtragoverment informs #BombayHighCourt that the circulars pertaining to the prohibition on people not fully vaccinated from travelling in public transport will not be withdrawn.

CJ Dipankar Datta: You are insisiting that everyone must get vaccinated. You say that vaccination is not mandatory and yet you create a situation where the people are deprived of these benefits.
The doctors can only advice but what about fundamental rights of people.

The Bench was informed that a new SOP has been issued on March 1, 2022 which are yet to be published which permit only fully vaccinated persons from boarding local trains and visit public places.

Read 6 tweets
#BombayHighCourt to hear plea filed by Cabinet Minister #NawabMalik against the proceedings initiated, arrest and custody by #EnforcementDirectorate and order of #PMLA Court shortly.

@dir_ed @nawabmalikncp @OfficeofNM
Bench of Justices SB Shukre and NJ Jamadar will hear the petition.

Read details:
ASG Anil Singh seeks time to file reply to the petition.

Court: Reply is required in the matter.
Read 35 tweets

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