Bombay High Court Judgments & Legal News

Bombay High Court

WhatsApp Chats Alone Insufficient to Establish Matrimonial Cruelty: Bombay High Court

The Bombay High Court held that matrimonial cruelty cannot be established solely based on WhatsApp chats.

The Court set aside a Family Court’s ex parte divorce decree that had relied mainly on WhatsApp and SMS exchanges to conclude that the wife subjected the husband to mental cruelty.

It observed that electronic messages must be properly proved through evidence, and the opposite party must be allowed to challenge or rebut the material.

Since the wife was not given such an opportunity, the Court remanded the matter to the Family Court for fresh adjudication after allowing both parties to lead evidence.

[Supriya Gaurav Devare nee Supriya Raosaheb Patil v. Gaurav Jitendra Patil]

Read Details / a day ago

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Bombay High Court Grants Bail to Man Convicted Under POCSO After 10 Years in Jail

The Bombay High Court granted bail to a man convicted under the Protection of Children from Sexual Offences Act,2012, who had been in prison for nearly 10 years while his appeal remained pending.

The Court suspended his sentence after noting significant inconsistencies in the testimonies of witnesses and discrepancies in the medical evidence presented during the trial.

It observed that these contradictions raised doubts requiring closer examination in the appeal.

Considering the long period of incarceration and the time likely to be taken for final disposal of the appeal, the Court allowed the bail application while the case continues to be heard.

[Mehtab Aalam Aabid Ali Ansari v. The State of Maharashtra]

Read Order / a day ago

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Bombay High Court: Companies Can Claim ‘Surname Defence’ Under Trade Marks Act

The Bombay High Court ruled that companies can invoke the "surname defence" under Section 35 of the Trade Marks Act, provided the use is bona fide and rooted in genuine business lineage.

Reversing a single-judge order, the bench held that Section 35 does not exclude incorporated entities.

The dispute involved the use of the name "Kataria" by an Ahmedabad-based brokerage and a Mumbai-based jewellery insurance firm.

The Court found the brokerage's use legitimate as "Kataria" was the promoters' surname used since 1955, and noted no overlap in their specific niche markets.

[Kataria Insurance Brokers Pvt. Ltd. v. Bhavesh Suresh Kataria]

Read Judgement / a day ago

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Bombay High Court Judge Falls Victim to Online Fraud, Loses ₹6 Lakh

A sitting female judge of the Bombay High Court fell victim to a sophisticated online fraud, losing approximately ₹6.02 lakhs to an unknown fraudster.

According to the FIR lodged at Cuffe Parade Police Station, the judge was attempting to redeem credit card reward points when she dialed a number found on Google.

The fraudster, posing as an HDFC Bank representative, prompted her to install a malicious ".apk" file on an Android device. Once the judge entered her card details, several unauthorized transactions were immediately initiated.

The Mumbai Police have registered a case under Sections 66, 66C, and 66D of the Information Technology Act.

Read Details / a day ago

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Bombay High Court: Shinde’s Poll-Day Roadshow Not ‘Undue Influence’, Upholds MLA’s Election

The Bombay High Court dismissed a petition challenging MLA Dilip Lande’s election, ruling Eknath Shinde’s polling-day roadshow was not "undue influence."

Justice Somasekhar Sundaresan held that the petitioner failed to show how the roadshow disrupted the free exercise of electoral will.

While the court acknowledged a potential silent period violation, it clarified that "influence" alone is not "undue influence" under the Representation of the People Act.

The court also rejected claims of EVM tampering and affidavit errors, noting democratic outcomes should not be lightly interfered with without rigorous legal proof.

[Md. Arif Lalan Khan alias Naseem Khan v. Dilip Bhausaheb Lande & Ors.]

Read Judgement / a day ago

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Bombay High Court Questions Legality of AI Tools Simulating Celebrity Personalities Without Consent

The Bombay High Court recently raised concerns over Artificial Intelligence platforms that allow users to interact with AI-generated versions of celebrities without their permission.

While hearing a personality rights suit filed by actor Shilpa Shetty Kundra against the misuse of her likeness and deepfake content, the Court questioned how such platforms could create and publicize a person's digital persona without authorization.

The Court noted that while user-uploaded content is one issue, AI-generated content known to be unreal poses distinct legal challenges.

Additionally, the Bench expressed concern over unverified YouTube commentary regarding pending court proceedings, emphasizing that only authenticated news media should report on legal developments.

Read Details / 4 days ago

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Bombay High Court Dismisses Plea for Namaz Space at Mumbai Airport Citing Security Concerns

The Bombay High Court dismissed a plea by a taxi drivers' association seeking temporary space at Mumbai’s domestic airport for Ramzan prayers.

The Court held that security considerations must prevail over all other factors, regardless of religion. The petitioners sought the restoration of a demolished prayer shed or an alternative space, but the State opposed the move based on a security survey of potential locations.

The Bench observed that while offering prayers is integral to religion, unauthorized structures cannot be permitted in high-security zones.

However, the Court allowed the association to apply to authorities for space within the redeveloped airport facility.

[Taxi-Rickshaw Ola-Uber Association v. Adani Airport Ltd. & Ors.]

Read Details / 4 days ago

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Penalty for Delay in Compensation Must be Paid by Employer, Not Insurance Company: Supreme Court

The Supreme Court ruled that an employer must personally pay the penalty for delaying compensation under the Employees’ Compensation Act, 1923, even if the compensation amount is covered by insurance.

The Court clarified that the penalty under Section 4A(3)(b) arises from the employer’s own default and cannot be shifted to the insurance company.

The case arose after an employee died in a work-related accident and compensation was not paid within the statutory period.

While the insurer may pay compensation and interest, the Court held that the penalty must be borne by the employer to ensure timely payment and maintain the deterrent purpose of the law.

Read Details / 4 days ago

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Bombay HC: Presence of Holy Cross or Jesus Statue Doesn't Prove Conversion; Restores Scheduled Caste Status

The Bombay High Court, while allowing a writ petition, held that a person cannot be declared Christian just because they have a holy cross, a statue of Jesus, Christian names, or old records with 'Christian' written on them.

This came up in a case where a man’s claim to belong to a Scheduled Caste ('Mang') was rejected by the Akola Scrutiny Committee, which said his ancestors had become Christians and thus lost that status.

The court said there was no clear proof of formal conversion like Baptism or Christian rites.

Just having religious images or names isn’t enough to prove someone converted to Christianity.

[Stavan Wilson Sathe v. The State of Maharashtra & Ors.]

Read Details / 7 days ago

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Bombay High Court: Absence of Specific Medical Opinion Not Fatal in POCSO Cases

The Bombay High Court recently ruled that in POCSO cases, the absence of a definitive medical opinion or minor inconsistencies in a child’s testimony are not 'fatal' to the prosecution’s case if the core facts are proven.

The Court upheld a 10-year sentence, emphasizing that once the fundamental allegations are established by a credible survivor, the legal presumption of guilt under Section 29 of the POCSO Act, 2012, applies.

The judge noted that medical evidence showing physical irritation and witness corroboration were sufficient, even without a specific medical statement confirming assault, as the child’s consistent account holds significant evidentiary weight.

[Pradip Prakash Baikar v. The State of Maharashtra & Anr.]

Read Judgement / 10 days ago

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Mental Healthcare Act Meant to Protect Rights, Not Gain Litigation Advantage: Bombay High Court

The Bombay HC held that the Mental Healthcare Act, 2017 cannot be used as a tool for litigation by one party against another.

The court refused to order a Mental Health Review Board under Section 105 of the Act based only on evidence presented by an opposing party in a property dispute, noting that it could be misused.

Section 105 allows referral for mental health examination only when genuine concerns about mental illness arise during legal proceedings, to protect rights rather than grant tactical advantage.

The judge stressed that the Act is meant to safeguard persons with mental illness, not be exploited as a strategy in litigation.

[Jitendra Gorakh Megh v. Gorakh Govind Megh]

Read Judgment / 10 days ago

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Bombay High Court: Student Cannot be Expelled over Non-Payment of Fees During Elementary Education

The Bombay High Court recently held that a school cannot expel a student for non-payment of fees during their elementary education.

A division bench at Nagpur termed the Father Agnel School's action "illegal and arbitrary," citing the Right of Children to Free and Compulsory Education Act, 2009.

The Court observed that under Section 16(4) of the RTE Act, no child can be expelled until the completion of elementary education.

While directing the school to re-admit the 13-year-old petitioner immediately, the Court also ordered her parents to clear the outstanding dues within two weeks to balance the interests of both parties.

[Chitrakshi Yogesh Rangwani v. State of Maharashtra]

Read Details / 11 days ago

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Bombay High Court Quashes FIR Against 89-Year-Old Over Accidental Flag Hoisting Error

The Bombay High Court, while protecting an 89-year-old, quashed an FIR against him after his housing society accidentally hoisted the National Flag upside down.

The Court clarified that under the Prevention of Insults to National Honour Act, 1971, a "wrong hoisting" is only a crime if it is done with deliberate intent to insult the flag.

The Court ruled that mere presence at a ceremony or an accidental error does not constitute a criminal offense.

Criticizing the "mechanical" way the police and magistrate handled the case, the Court emphasized that legal action must not be used to harass citizens for unintentional oversights.

[V. K. Narayanan v. The State of Maharashtra]

Read Details / 11 days ago

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Bombay High Court Quashes PMLA Case Against Lawyer Kishore Dewani in Anil Deshmukh Matter

The Bombay High Court has quashed the money laundering case against Nagpur-based lawyer Kishore Pessulal Dewani in connection with the alleged corruption case involving former Maharashtra Home Minister Anil Deshmukh.

The Court held that the Enforcement Directorate (ED) failed to establish any nexus between Dewani’s property transactions and the alleged “proceeds of crime” under the Prevention of Money Laundering Act.

The Court noted that the land transactions predated the alleged scheduled offences, making any connection legally unsustainable. The Court also criticised the special PMLA court for issuing notice without demonstrating proper application of mind, holding that the test of “sufficient ground for proceeding” was not satisfied.

Accordingly, the complaint against Dewani were set aside.

[Kishore Pessulal Dewani v. ED & Anr.]

Read Details / 13 days ago

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Bombay HC Sets Aside Order Restraining Banks from Acting Against Anil Ambani Under RBI Fraud Directions

The Bombay High Court has set aside a single-judge order that restrained banks from proceeding against Anil Ambani under the RBI’s 2024 Master Directions on fraud classification.

The Bench led by Chief Justice Shree Chandrashekhar termed the earlier relief “perverse” and “illegal,” refusing to stay its own ruling for four weeks.

The Court held that continuing the interim protection would perpetuate illegality.

The single judge had earlier stayed coercive steps based on a forensic audit into Reliance Communications, citing issues regarding ICAI registration of the signatory.

[Bank of Baroda v. Anil Ambani & Ors. & connected petitions]

Read Details / 14 days ago

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