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Bombay HC Denies Plea for Stricter Rules to Prevent Black Marketing of Coldplay Tickets

January 10, 2025, 2:23 pm

On Friday, the Bombay High Court dismissed a petition that sought the creation of guidelines to prevent black marketing and ticket scalping at large events. The case followed allegations of irregularities during the ticket sales for Coldplay’s upcoming concert in Navi Mumbai.

Chief Justice DK Upadhyaya and Justice Amit Borkar stated that the issues raised in the plea fell under the legislative domain, and therefore, the court could not intervene. “This is a legislative and executive decision. The court cannot interfere. The government is at liberty to formulate legislation addressing the concerns raised in the petition,” the bench said.

However, the court allowed the petitioner to present the concerns to the relevant authorities. The petitioner, advocate Amit Vyas, had argued that the sale of tickets for major events, including concerts and live shows, was marred by illegal practices. Vyas claimed that such issues were evident during the Coldplay ticket sale on BookMyShow, where tickets were allegedly sold out too quickly, only to appear later at inflated prices on secondary websites.

The petition sought stronger measures to prevent black marketing and ticket scalping, citing similar issues during IPL matches, the 2023 Cricket World Cup, and concerts by Taylor Swift and Diljit Dosanjh. The petitioner argued that event organizers and ticketing platforms exploit fans by allowing tickets to be resold at much higher prices.

Vyas had also filed a complaint with the police’s economic offenses wing last year, which is still under investigation.

Bombay HC Rules Egg Donor Has No Parental Claim Over Surrogate Child

August 13, 2024, 11:41 pm

In a significant legal ruling, the Bombay High Court decided that an egg donor cannot claim to be the biological parent of children born through surrogacy. The court’s decision came as a reversal of a lower court’s order, which had previously denied visitation rights to the biological mother of twin girls born via surrogacy.

Background of the Case

The case involved a woman who, after a marital separation, sought visitation rights to see her twin daughters, aged 5, born through a surrogate mother using her sister’s egg. The petitioner, who is the biological mother, argued that her estranged husband had moved into a new residence with her sister, the egg donor, without informing her.

The husband contested the claim, asserting that his sister, due to her emotional state following the loss of her spouse and daughter, had moved in to help care for the children. He further argued that the egg donor had a right to be considered a biological parent of the twins.

Court’s Decision

Justice Milind Jadhav, in a single-judge bench, rejected the husband’s claim, stating that while the egg donor contributed genetically, she did not hold parental rights. “As a donor, and a voluntary one, the younger sister may, at the most, qualify to be a genetic mother and nothing more,” Justice Jadhav clarified.

The court referenced the 2005 Indian Council of Medical Research (ICMR) guidelines, which governed surrogacy agreements at the time of the case. These guidelines explicitly state that egg donors do not have parental rights or duties concerning the child. Consequently, the court upheld that the surrogacy agreement named the petitioner and her estranged husband as the intending parents.

Visitation Rights

Addressing the lower court’s earlier decision to deny the petitioner interim visitation rights, the High Court found that it lacked proper consideration. As a result, the court directed the petitioner’s husband to allow her physical access to the twin daughters for three hours every Saturday and Sunday.

This ruling highlights the importance of adhering to established surrogacy regulations and acknowledges the legal boundaries regarding parental rights in surrogacy cases.

Mumbai: Bombay HC Upholds Lease Rent Increase For Bandra Housing Societies

July 12, 2024, 3:11 pm

In a major setback for Bandra Landlords, Bombay HC on Wednesday supports the validity of three Government Resolutions (GR).

These resolutions called for the enhanced lease rent of government lands from 400 to 1,900 times. These lands were mainly given to housing societies of Bandra.

But, the division bench of justice BP Colabawalla and justice Somasekhar Sundaresan, removed a clause in one of GRs, which was issued in the year 2012.

The 2012 clause sought the revision of lease rent every five years. After the removal, the revision will take place every 30 years. That too, at the time of lease renewal.

What Was the Case All About?

Recently, the division bench of Bombay HC admitted various petitions of many Bandra west based co-operative housing societies.

These societies had approached the court against May 2006, December 2012 and May 2018 government resolutions.

But for those unversed, the May 2006 resolutions launched a policy of connecting land’s reckoner value with annual lease rent. Subsequently in 2012 resolution, the method of lease rent calculation was launched.

Under 2012 GR, it was mandatory for housing societies and charitable bodies to pay lease rent of 2% of 25 percent ready reckoner value of government land.

In addition, the industries were supposed to pay 4%. The lease rent for commerical and mixed entities stood at 5 percent.

This is where issues arose, as the housing societies questioned the hike, emphasizing that the state government was restricted by earlier verdict with regard to linking lease rent accompanied with land’s ready reckoner value.

Moreover, they also questioned these GRs on the grounds of arbitrariness, asserting that these terms are goes against Article 14 of the Indian constitution.

They also contended, that the increase by 400 to 1,900 times cannot be rationalized as being fair & reasonable in the eyes of law.

In all means, the state must act in a fair & reasonable manner.

What The Court Said?

But these contentions did not hold water in front of the bench.

It declared that high court’s earlier verdict on these issues did not stop state government from connecting linking lease rent with Lands’s ready reckoner value. But it was needed from government to act fairly in their deals with lessees.

Coming to arbitrariness point, the ready reckoner reveals huge details regarding the fixing of rates and at what times, varied rates are given for different areas, depending on their peculiarity.

Giving its observation, the court said, ‘Once this is the case, we find that there is nothing wrong in the government looking to the ready reckoner rate as a reasonable benchmark of value for the purposes of calculating the revised lease rent.’

The court also declared that housing societies will not likely pay more than ₹6,000 per month.

In the end, it indeed agreed that government should be fair and reasonable in its dealings, however it doesn’t believe, that government should in indulge in charity work.

Bombay High Court Overturns Order Allowing New Evidence Against Rahul Gandhi In Defamation Case

July 12, 2024, 2:24 pm

In a relief for Congress leader Rahul Gandhi, the Bombay High Court has quashed a magistrate’s order which permitted an RSS worker to file fresh and additional documents in the criminal defamation case being heard. RSS worker Rajesh Kunte filed a complaint of defamation in the Bhiwandi magistrate court in 2014, alleging that Rahul Gandhi had made false and defamatory statements during a speech and claimed the RSS was behind Mahatma Gandhi’s murder conspiracy.

The Bhiwandi magistrate court in Thane district had permitted Kunte to place on record the transcript of the speech made by Gandhi in 2023, this being a part of a 2014 petition filed by Gandhi for quashing the summons issued against him.

However, Kunte argued that the Congress MP had “unambiguously owned up to the speech and its contents” by placing the transcript in his petition.

Gandhi appealed against this order of the magistrate before the high court. The single bench of Justice Prithviraj Chavan disposed of Gandhi’s petition on Friday.

Pune Porsche Crash: Bombay HC Gives Bail To Accused Teen

June 25, 2024, 3:59 pm

In a significant development related to Pune’s Porsche crash, the Bombay High Court gave bail to the accused teen on Tuesday.

The court called for the release of the teen from observation home and granted custody to his paternal aunt.

Moreover, it has also directed, that the counseling sessions of the teen with psychologist should continue.

Earlier, Teen’s paternal aunt had filed a petition to High court, alleging that the teen has unlawfully been detained.

While granting the bail, high court questioned the actions of police regarding teen’s detention into observation home, following the bail.

The court observed, police has not demanded higher court’s intervention to revoke bail given by Juvenile Justice Board (JJB).

Rather, the police itself registered the application to modify bail order, thus resulting in teen’s detention into observation home and getting minor’s custody.

Later, the court also expressed its concern over alleged flouting of procedure. Saying ‘What type of remand is this? What is the power to remand? What kind of procedure is this where a person has been granted bail and then a remand is passed taking him in custody?’

In addition, they also emphasized, that despite being given bail, the teen was allegedly confined to observation home and questioned police, that from where they get their power?

Meanwhile, In the previous week, a Pune’s sessions court gave bail to teen’s father, who is accused of multiple crimes.

However, he is still in jail, as he is accused of other charges like manipulating blood samples for alochol tests, forcing family driver to take the blame of the incident etc.

The court, has also given bail to 5 more individuals, including the owner and managers of two bars, who were accused of giving alcohol to their underage customers.

Brief Information On Pune’s Porsche Crash

On May 19, 2024, a 17-year-old intoxicated teen was driving a speeding Porsche car in Pune’s Kalyani Nagar.

As a result, it caused the deaths of two IT professionals named Anis Awadhiya and Ashwini Costa, whose motorcycle was hit by Porsche car on sunday morning.

Later, the minor was granted bail and was asked to write a 300-word essay on road safety by JJB member L. N. Danwade. Thus, triggering public outrage.

Pune Porsche Crash: Teen’s Aunt Approaches Bombay HC For His Immediate Release, Court Reserves Order

June 21, 2024, 3:21 pm

In a major development related to Pune’s Porsche crash case, the accused teen’s aunt has lodged a petition in the Bombay high court, demanding immediate release, as his detention is illegal.

The petitioner has filed this case under Habeas corpus, accusing pune police for taking advantage of the due process and abusing the rule of Law. She also claimed that her nephew continued detention completely contravenes provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.

While conducting the hearing, Bombay HC opined, ‘The victims’ families are in shock. But the juvenile who caused the accident, under the influence of alcohol, is in shock too. Naturally, this would have had an impact on his mind’.

Earlier on June 19, police have recently given its final report on this incident to Juvenile Justice Board (JJB), asking them to try the minor as a regular adult. To back their arguments, they have also given relevant evidence to the board.

Talking about the report, the police officer said, ‘We have submitted all evidence to the JJB proving that he was behind the wheel of the Porsche car, starting from his house on the evening of May 19 until the accident occurred…The report includes corroborative statements from eyewitnesses who saw him driving the car, CCTV footage recovered during the investigation, and evidence of him consuming alcohol at Cosie Restaurant and Blak Club.

Meanwhile, the Bombay high court after hearing both the sides, has decided to reserve its judgement on this matter till June 25.

Currently, pune police has detained both grandfather and father, under the grounds of several offences including attempts to remove evidence. They have also caught two doctors who replaced boy’s blood sample with that of his mother. All the arrested are in judicial custody.

Bombay HC: ‘Hamare Baarah’ Contains Nothing Objectionable Against Muslim Community

June 19, 2024, 2:45 am

The Bombay High Court stated on Tuesday that they had reviewed the movie ‘Hamare Baarah’ and found nothing objectionable against the Muslim community. However, the court did have some suggestions regarding a few scenes.

A petition had been filed in the Bombay High Court seeking to halt the release of the Annu Kapoor-starrer film ‘Hamare Baarah,’ alleging that the trailer insulted Islamic beliefs. The Supreme Court had previously stayed the film’s release and directed the Bombay High Court to expedite the petition.

The Bombay High Court bench mentioned that they had viewed the film and found that the objectionable dialogue and scenes had been removed. Fazrul Rehman Sheikh, the petitioners’ advocate, informed the media that the court believed the movie conveyed a positive social message.

“A stay had been imposed on the film ‘Hamare Baarah’ because of the controversial dialogues in the film. The judges of the HC watched the film after which, they were of the opinion that the film gives a good social message and it is not what it has been projected as…,” Sheikh said. He added that the High Court found the trailer to be very offensive.

“Some dialogues have been asked to be censored… The order will be passed tomorrow after putting all observations in a consensus… The HC said that the trailer was very offensive and it should not have been released the way it was… The trailer and the message of the movie are drastically different,” Sheikh noted.

The court also told the petitioner’s lawyer, “it was wrong to comment without watching the movie. You are commenting by looking at the poster.”

Virender Bhagat, the film’s producer, told ANI that the trailer had been removed. “The miscommunication which was attempted has now come to an end… The judges watched the film and said that it is about women empowerment… The court was of the opinion that you cannot judge the film solely based on its teaser, the two are vastly different from each other… The offensive trailer has been removed.”

The court further advised filmmakers to “be careful what they put out. They cannot hurt the sentiments of any religion.”

‘Hamare Baarah’ is jointly produced by Birender Bhagat, Ravi S Gupta, Sanjay Nagpal, and Sheo Balak Singh, and directed by Kamal Chandra. The film stars Annu Kapoor, Manoj Joshi, and Paritosh Tripathi.

Bombay HC summons municipal commissioners due to poor condition of Mumbai roads

August 10, 2023, 2:55 pm

The Bombay High Court has summoned 6 Mumbai municipal commissioners to appear in a contempt petition regarding road potholes. On August 11, a Bombay High Court panel led by Chief Justice will hear the case.

In its order, the court requested the presence of the Commissioner of the Municipal Corporation of Greater Mumbai, the Commissioner of the Navi Mumbai Municipal Corporation, the Commissioner of the Kalyan Dombivali Municipal Corporation, the Commissioner of the Vasai Virar Municipal Corporation, and the Commissioner of the Mumbai Metropolitan Regional Development Authority.

“Despite the aforesaid observations made by the Court, it appears that adequate measures have not been taken by the respective Corporations to ensure strict compliance of the order dated 24th February and 12th April 2018,” the court noted.
The court furthermore issued directions after listening to the PIL filed by advocate Ruju R. Thakker

Interim relief to Chanda and Deepak Kochhar refused by Bombay HC Vacation Bench

December 27, 2022, 1:30 pm

The Bombay High Court’s Vacation Bench on Tuesday refused any interim relief to former Managing Director and CEO of ICICI Bank, Chanda Kochhar, and her husband Deepak Kochhar.

In connection with the ICICI Bank-Videocon loan fraud case on Monday Videocon chairman Venugopal Dhoot was arrested.

Earlier on Monday Videocon chairman Venugopal Dhoot, former MD and CEO of ICICI Bank Chanda Kochhar, and her husband Deepak Kochhar was brought to CBI court.

Meanwhile, the bench asked the couple to approach a regular bench after the court reopens after the Christamas-New Year holidays.

Moreover, for three days CBI has sought the custody of the Videocon chairman and also of Chanda Kochhar and her husband Deepak Kochhar.

“In the remand, it is said that Deepak Kochhar was not cooperating in the investigation but nothing is explained about how and why,” Deepak Kochhar’s advocate Vikram Chaudhary said.

Enforcement Directorate (ED) has already conducted an investigation for six months and after Deepak Kochhar got bail CBI arrested Kochhar, the advocate further stated.

“Deepak Kochhar got bail in the ED case. The agency approached the Supreme Court challenging my client’s bail but it refused to intervene. My client was arrested in an inhumane manner at a time when his son’s marriage has been fixed. This is illegal. The arrest of Deepak Kochhar needs to be explained. It was not a routine arrest,” said Chaudhary.

However, in 2012 the agency said that the loans were declared non-performing assets which caused a loss of Rs 1,730 crore to the bank.

Furthermore, on Friday in connection with the alleged ICICI Bank-Videocon, money laundering case former Managing Director (MD) and Chief Executive Officer (CEO) of the ICICI bank Chanda Kochhar and her husband Deepak Kochhar CBI gets three-day remand.

Bombay HC grants bail to Anil Deshmukh in corruption case, release in 10 days

December 12, 2022, 12:54 pm

A former Maharashtra home minister and NCP leader Anil Deshmukh was granted bail by the Bombay High Court on Monday in a corruption case being investigated by the Central Bureau of Investigation (CBI).

The High Court ordered Deshmukh to be released on bail after he submitted a personal bond of Rs 1 lakh and sureties for the same sum, and instructed him to cooperate with the investigation. The high court declared that the bail ruling will take effect after ten days after the Central Bureau of Investigation (CBI) asked for a stay on the implementation of the bail order to approach the Supreme Court.

Anil Deshmukh’s appeal of a decision by a special CBI court denying him bail was reserved by Justice Makarand S. Karnik’s one-judge panel on December 8.

Deshmukh’s bail in the money laundering case would not allow him for bail in the corruption case, the CBI had already told the high court. The CBI also claimed in its affidavit that the accusations made against the former minister under the Prevention of Corruption Act were distinct from the case brought by the Enforcement Directorate (ED), which was lodged under the PMLA. “The PMLA case has no bearing on the instant CBI case. That the allegations substantiated against the present applicant are of criminal conspiracy to commit an offence punishable under section 7 of the PC,” read the affidavit.

The Bombay High Court had given bail to Deshmikh in the money laundering case in the month of October of this year, after this, the Supreme Court had rejected the ED’s challenge to the bail given to him in the same month.

He is currently being held in judicial custody and is being lodged at the Mumbai prison on Arthur Road.

Deshmukh, 74, approached the HC after his bail plea was denied by a special CBI court last month. He applied for bail on medical grounds.

A former top Mumbai police officer, Parambir Singh, made accusations against him, which led to his imprisonment last year. It was one of the major political disputes during the administration of the Uddhav Thackeray-led Maha Vikas Aghadi (MVA).

The leader of the Nationalist Congress Party (NCP) was arrested by the Enforcement Directorate (ED) in November last year after being charged with money laundering.

He was taken into custody by the CBI in the corruption case in April of this year.

Anil Deshmukh gets bail in corruption case, order to take effect in 10 days

December 12, 2022, 11:49 am

Deshmukh won’t be able to leave jail, though, since the high court has suspended the judgement for ten days in order to give the CBI time to appeal it to the Supreme Court.

He is currently being held in judicial custody and is being lodged at the Mumbai prison on Arthur Road.

Deshmukh approached the HC after his bail plea was denied by a special CBI court last month. He applied for bail on medical grounds.

The leader of the Nationalist Congress Party (NCP) was arrested by the Enforcement Directorate (ED) in November of last year after being charged with money laundering.

He was taken into custody by the CBI in the corruption case in April of this year.