Bombay High Court

Cong challenges BJP gov't Maha assembly majority in Bombay HC

The Congress’ Maharashtra unit Wednesday moved Bombay high court challenging the constitutional validity of the Devendra Fadnavis-led BJP government and seeking its dismissal.

Former minister M Naseem Khan filed a writ petition before the court questioning the constitutional validity of the nearly month-old government and terming it as “illegal”.

Justice VM Kanade has posted the matter for hearing Friday (Nov 28), he said.

After the Oct 15 elections, Maharashtra threw up a fractured verdict in which the Bharatiya Janata Party secured 123 seats (which came to 122 after a legislator’s death), the Shiv Sena got 63, the Congress 42 and the Nationalist Congress Party 41, with the remaining 18 going to independents and smaller parties.

“Fadnavis approached the Governor C V Rao to stake claim to form the government claiming it had the requisite majority in the 288-member assembly, and was asked to prove it (majority) within 15 days,” Khan, a legislator from Mumbai, told IANS

However, Khan said that the vote of confidence in the assembly Nov 12 was passed by a voice vote.

“Nobody knows how many MLAs (legislators) voted in favour of the government or against it in the voice vote. Our stand is that this remains a minority government which does not enjoy the confidence of the house and must be dismissed immediately,” he contended.

Later the Congress and Shiv Sena had led separate delegations to Governor Rao questioning the validity of the Nov 12 trust vote.

Khan also claimed that all the major decisions taken by this government are “illegal” and must be set aside.

Former additional solicitor-general of India B A Desai and former solicitor-general of India TR Andhyarujina will appear on behalf of Khan in the case.

Fadnavis was sworn-in as chief minister Oct 31 at the head of a 10-member ministry which is likely to be expanded shortly.

In one of latter-day rare cases, SC upholds death sentence

BMR wins for Shell, as BHC follows Vodafone transfer pricing precedent

More to come? Cyril Shroff to file affidavit showing Shardul ‘deeply involved’ in making of mother’s controversial will [READ ORDER]

Cyril Shroff: To file affidavitCyril Shroff: To file affidavitSenior counsel Iqbal Chagla told the Bombay high court in his closing remarks that his client Cyril Shroff would be filing an affidavit showing the “deep involvement” of his brother in the will.

After gloves came off in Bombay HC Shroff vs Shroff, Amarchand brothers agree to mediate with Salve, Justice Srikrishna, Kampani

Shroff family firm turns family feudShroff family firm turns family feud Live from Bombay high court court room number 10 today, before Justice RD Dhanuka.

Why (and how) does a Bombaywala advocate of 20 years shift to Delhi?

ChitnisChitnisSeveral months ago a born-and-bred Mumbaikar advocate returned all of his Bombay high court briefs and literally drove his BMW to make Delhi and the Supreme Court his new home. Why?

6 things all Bombay HC juniors must learn to become a superstar of the Original Side

Bombay HCBombay HC Are you dreaming of becoming the next superstar Bombay counsel like Fali Nariman or Janak Dwarkadas?

Bombay HC issues criminal contempt on Mirror for reporting what happened in court & ‘caricature’

Mumbai Mirror report of proceedings and 'caricature'Mumbai Mirror report of proceedings and 'caricature'The Bombay high court has served a show cause contempt notice on the Mumbai Mirror for reporting a litigant’s allegation made in court earlier this year that a judge hearing was corrupt.

Bombay HC rules for Vodafone, Salve & Duttmenon over Rs 3,200 transfer pricing tax bill: To affect 20+ other cos [READ JUDGMENT]

Bombay HC fines Rs 40 lakh exemplary penal costs on 'sponsored', meritless litigants against developer, but grants stay anyway

The Bombay high court has ordered costs of Rs 40 lakh against 10 petitioners who filed a property matter that Justice Gautam Patel called a “sponsored” petition “without the faintest glimmer of merit. It is precisely the kind of litigation -- speculative, lacking in bonafides, sponsored, an abuse of process of law and of the court and perhaps even a fraud on the court -- that our Supreme Court has repeatedly decried and deprecated, even said should be visited with exemplary and penal costs".

The costs were to be paid to the respondent developer, who claimed that they had to spend significant costs defending themselves against the action, reported the PTI, though the court nevertheless intermittently stayed the development of land the petitioners had challenged so they could launch an appeal.

Sunburn Festival defamation case over 'kickbacks' drags in Goa CM

11 new Bombay senior counsel include 1 law firm partner from ELP, 3 from outside, 1 woman

Bombay high courtBombay high courtThe Bombay high court has designated 11 new senior counsel, including three outside Mumbai, Economic Laws Practice (ELP) partner Vikram Nankani, and one woman.

Candy Crush-maker King.com taps Khaitan & Co again for Bombay HC IP injunction

Candy CrushCandy CrushKhaitan & Co won a copyright infringement suit in the Bombay high court for once-$7.6bn King.com, the creator of the hugely popular mobile device game Candy Crush Saga .

BKC HC: Advocates group wants to expand Bombay HC into Bandra-Kurla Complex

The Advocates’ Association of Western India (AAWI) has asked chief minister Prithviraj Chavan that an extension to the Bombay high court should be built in the Bandra Kurla Complex in the Mumbai suburbs, to allow for more courts, chambers and storage of documents DNA

Bombay judge suspended for inappropriate & offensive staring at woman

Sessions court judge MT Gaikwad has been suspended in South Mumbai after a preliminary inquiry about a complaint from a female member of the court staff complained of his “inappropriate behaviour” - in particular, by staring at her in an offensive manner, reported the PTI. The preliminary inquiry was conducted by special judge SD Tulankar, with Gaikwad now facing a departmental inquiry.

Bombay HC judge moves for contempt over allegation her husband offered favourable ruling for Rs 25 lakh

Bombay HC: Hot turfBombay HC: Hot turf Bombay high court Justice Roshan Dalvi has been accused of corruption by producer Sanjay Punamiya in a nine-page complaint, alleging that her husband Shamim Dalvi told his lawyer in March that for Rs 25 lakh he could get his wife to pass a favourable order in the case before her

Bombay HC refuses Naik Naik, Anurag Kashyap relief over 'smoking is bad for you' pop-up warnings

The Bombay high court has declined granting interim relief to movie director and producer Anurag Kashyap over a challenge of the government's rule to superimpose a "smoking is injurious to health" warning on movies whenever a cigarette is shown on screen.

The Censor Board had not given one of Kashyap's movie a certificate after he refused to include the warning in his movie Ugly. However, Chief Justice Mohit Shah and Justice MS Sanklecha said it would not grant interim relief and said he'd have to petition the central government to change the rule. [PTI]

Naik Naik & Co represented Kashyap, according to the Bombay high court's causelist of today.

NSE drags intermediary giant GoDaddy to Bombay HC for hosting allegedly infringing content

The National Stock Exchange (NSE) has alleged that Hyderabad-based firm Manshi Systems has been selling customers access to a subscription-only NSE service. The stock exchange has now started proceedings in the Bombay high court against the firm and, significantly, also against the Indian subsidiary of the firm's web hosting company GoDaddy, which is the world's largest domain name registrar.

The NSE is represented by Krishna and Saurastri Associates partner Manish Saurastri. Cyber lawyer Pavan Duggal told Mint that under the IT Act, intermediaries, such as GoDaddy, would have to prove in court that they had exercised due diligence against copyright infringement.

The story did not specify whether GoDaddy, which apparently manages 57m domain names, received and ignored any takedown requests from the NSE before the court case, or whether it otherwise failed to be diligent in spotting the allegedly infringing service. [Mint]

Neha Mehta wins Talwars the right in Bombay HC to watch movie allegedly about Aarushi murder

kynumsnxThe Talwars, who are in jail after a special Central Bureau of Investigation (CBI) court last year found them guilty of murdering their daughter, have won permission to watch a movie allegedly about them.

5 things you need to know: Bombay HC fails to pay salaries | Counter-counter-strikes | Advocate vs Godfather | ...

Bombay HC called up on unpaid Feb salaries: The Bombay high court chief secretary and registrar have been issued notices by the Goa State Human Rights Commission over non-payment of February salaries of all court staff of around 150 at the Bombay high court bench at Goa. The complaint on which the court was acting was filed by advocate Aires Rodrigues [TOI]

Kerala BC calls for boycott over earlier boycott fallout: Responding to the Bar Council of Kerala’s boycott call, lawyers in Kerala abandoned the courts to protest the alleged assault of an advocate and his physically disabled brother by the Railway Protection Force at Thiruvananthpuram. At the time of the incident, the advocates were reportedly protesting against the arrest of their colleagues for allegedly entering the Central Railway Station without a platform ticket or railway ticket [Zee News]

Allahabad lawyers agitate on HC road for colleague accident compensation: Hundreds of Allahabad high court lawyers blocked the road near the high court, for a few hours, over Wednesday’s road mishap that led to the death of their colleague. They pledged to continue with their agitation until their demand for compensation were fulfilled [TOI]

Delhi advocate MS Khan threatened by Godfather: “Delhi-based lawyer MS Khan has alleged he received threat calls and SMSes from underworld don Ravi Pujari that he and his family would be harmed if he does not disengage himself from pursuing various terror cases,” reported the [PTI]

Justice Nanavati’s son rapped for threatening opposing lawyer in open court: Retired Supreme Court justice GT Nanavati’s son and advocate Dhaval Nanavati was rapped by the Gujarat high court for threatening an opposing lawyer during court proceedings. Reportedly he told counsel, Megha Chitalia, that he would get her thrown out of the panel of assistant government pleaders. In open court the bench then questioned the basis on which he was issuing such a threat to his opponent. [TOI]

6 things to know: Jail interviews online | NUJS #InternJudge rules ready | Bom HC forces cinema websites | HC sacks 4th corrupt staff | more

Bombay HC mandates cinemas to offer free online booking: Bombay HC asked the state government to issue a circular asking all movie theatres and multiplexes to set up their own websites for online booking of movie tickets without a convenience charge. A government resolution had already asked all theatres and multiplexes to do so, but they had outsourced it to websites like BookMyShow, which charge a convenience charge [PTI]

Lawyers soon to apply for ‘jailed interviews’ online: Delhi HC yesterday asked the city government to provide an online application facility for lawyers to get approval from jail authorities to interview their jailed clients. The court was hearing advocate Amit Sahni’s petition against the prison Director General’s 27 February order that restricted legal interviews with inmates to once in a week [PTI]

NUJS sexual harassment guidelines for interns ready: NUJS Kolkata’s draft guidelines on protection of interns from sexual harassment is reportedly ready and awaiting the nod of its executive council to finally come into force. The guidelines allow the submission of oral or written complaints by interns to the law school’s internal complaints committee, which will get 60 days to submit its report on the complaint [Indian Express]

Patna HC sacks 4th corrupt court officer: Patna HC in a full court meeting ordered compulsory retirement of a judicial officer against whom an allegation of taking a Rs 5 lakh bribe had been confirmed in an inquiry. The officer was originally to retire in 2019. This is the fourth case of stern action by the HC against its judicial officers this year. Earlier this year, Ajay Srivastava of Jehanabad was forcibly retired. Then three judicial officers were sacked for involvement in a sex scandal, and only a few days ago the SDJM of Sherghati in Gaya district, Ram Sajan was suspended for allegedly seeking sexual favours [TOI]

Delhi HC worried by shortage of public prosecutors: Delhi HC pulled up Delhi government over shortage of public prosecutors and non payment of fees to existing government lawyers, despite the large scale creation of new court buildings. The court was reportedly “surprised” that the government listed many restrictive conditions in its advertisements for public prosecutor posts, resulting in receiving very few applications [TOI]

Safety of IT women PIL: Asks for a law to regulate the safety of women working in the software and IT industries, filed by advocate KTS Sivakumar. Sivakumar asked for regulation of women employees’ working hours and “foolproof” security measures for those women who work night shifts [PTI]

Bombay HC gets 6 new judges (one from the bar); now nearly at full strength of 66

Bombay high court comes six judges close to its full strength today with justices Anil Menon, Chandrakant Bhadang, Vishwas Jadhav, Ananta Badar, Pukhraj Bora and Anuja Prabhudesai taking oath today to take its strength to 66, reported the Times of India.

Prabhudesai is the HC’s first woman judge this year, and also the first Goan woman ever to be elevated to the Bombay HC. Bora was a registrar in the Supreme Court between 2010 and 2012, Badar was Principal district judge in Pune, Bhadang the registrar general of the Bombay high court and Jadhav a district judge too. Only Menon comes from the bar.

Bombay HC remains old man’s world with no women in batch of 11 new senior counsel for 2nd time running

The Bombay high court, hot on the heels of the Delhi high court that designated three new senior advocates, has named 11 advocates to become seniors, though none of them were women.

Wired: Bombay HC new judges | NGT not HC-enough for suo motu | Costly NLUD fees are fine | Chamber allotment struggles | Kerala bar suspends colleague over sexism post & more

Bombay HC new judges
The Bombay HC got five new additional judges today in lawyers Vinay Manohar Deshpande, Ajey Gadkari, Nitin Sambre, Girish Kulkarni and B S Colabawalla [PTI]

NGT not HC-enough for suo motu
The National Green Tribunal (NGT) has no power to take cognisance of cases on its own, said the Madras HC, restraining the NGT’s southern bench from suo motu cases [TOI]

Costly NLUD fees are fine, says HC 
Dismissing a student’s plea against NLU Delhi’s fee structure and compulsory residential university status which is otherwise not mandatory under BCI rules, the Delhi HC said comparing the university with any old engineering college will be like comparing apples with oranges [PTI]

Cash-at-judge’s-door
The SC has given the go ahead for initiating trial court proceedings against former Punjab & Haryana HC judge Nirmal Yadav for the cash-at-judge’s-door scam [Indian Express]

Chamber allotment struggles
The Rohini District Court Lawyers Allotment Committee allegedly arbitrarily denied allotment of a chamber to a disabled advocate despite him not only fitting all eligibility criteria but there also being a quota for the physically challenged in the court. The Committee has now assured the Delhi HC to give the advocate a fresh hearing [PTI]

Irresponsible executive criticism of #377
Chief justice of India P Sathasivam decried as irresponsible the statements of four union minister’s criticising the apex court’s judgment re-criminalising gay sex. “Except making our displeasure we can’t do anything. Though the statements are not appreciable we are not inclined to entertain the petition," he added while dismissing a social activist’s petition seeking disqualification for the four ministers on the ground that through their statements they “violated the secrecy of oath” [NDTV]

CBI to probe false allegations against judge
The CBI may soon probe the case of lobbyist TG Nandakumar who sent a letter to the Supreme Court Chief Justice and others falsely claiming that Madras HC judge C.K. Abdul Rahim had SIMI connections and close links with crime syndicate leader Dawood Ibrahim [Deccan Chronicle]

UK lawyers go on strike over legal aid cuts
In first-ever boycott of work, barristers (and solicitors) of England and Wales didn’t turn up to court for a half-day to protest a 30 per cent slash down in legal aid fees. “The legal aid dispute has become more polarised as the MoJ attempts to portray criminal lawyers as overpaid fat cats” -criminal lawyers disagree, reported The Guardian

Back to court-kindergarten
The Madras HC has launched a course titled “Redefining Legal Practices” for advocates with at least a 10 year PQE to teach them court craft, drafting and arguments [TOI]

Krishna Iyer J on JAC
Former Justice Krishna Iyer argues that the judicial appointments commission (JAC) must be totally independent and immune to legal proceedings in The Hindu

Kerala bar suspends colleague over sexism post
Before being suspended by the Calicut Bar Association, she wrote on her Facebook wall that male colleagues “address women as ‘sugar candy’ ‘dear’ and follow them with comments such as ‘you are so beautiful’ and the like. All of them follow the ‘Prem Nazir’ style of old Malayalam films. They dont seem to be familiar with newer films. It’s the same old way of making women either lovers or sisters; destroying them either by ‘caring’ for them or ‘keeping’ them. I pity all those who follow such a style.” [Kafila / India Today]

Wired: Lording it | NLSIU rape case | Resigned to nepotism | SEBI foreign pacts | Bench politics

Lording it: Bombay HC justice Anoop V Mohta has taken objection to being addressed as AV Mohta and warned advocates and litigants that their cases will not be accepted by his court if they do not address him by his full name in the praecipe [Notification]

NLSIU rape case: The six convicts guilty of the rape of an NLSIU Bangalore student in October have been sentenced to life term. The seventh accused is absconding while the eighth is a minor and his case is before the juvenile justice court. The Indian Express does a report on the life of the Delhi gangrape accused Juvenile in a correction home. Meanwhile the rape site – Bangalore university campus – still lacks adequate safety [TOI/IE/TOI]

Resigned to nepotism: Haryana Additional Advocate General Aditya Singh on Saturday resigned from his post to “maintain the majesticity of the institution of the judiciary”, after CNN-IBN on Friday reported him as the son of Justice Alok Singh of Uttarakhand High Court and son-in-law of Justice RK Garg of the Punjab and Haryana High Court, alongside 29 other law officers with their relatives in the judiciary [IBN Live]

SEBI foreign pacts: “For a greater oversight of hedge funds and other Alternative Investment Funds (AIFs) with cross-border presence, Sebi has reached regulatory cooperation and information exchange pacts with its counterparts in 31 European countries” reported the [Indian Express]

Bench politics: As Pune lawyers, who have been fighting for a Bombay HC bench in the city, prepare for a 16 September presentation explaining the demand, Maharashtra’s chief minister raised new concerns by showing support for a bench instead in Kolhapur [TOI]

x

Sign-up for the NUJS Business Law Diploma

Mooting Premier League 5

Latest comments