Results for: Bombay High Court

The Bombay High Court has ruled in favor of Syedna Mufaddal Saifuddin, confirming his status as the 53rd Dai-al-Mutlaq, the spiritual leader of the Dawoodi Bohra community. The court, after a decade-long legal dispute, dismissed the claim of Taher Fakhruddin, who contested Saifuddin’s position. The community expressed satisfaction with the verdict, which rejected allegations against Saifuddin’s appointment. The ruling reinforces the faith of the Dawoodi Bohra community in the Indian judiciary’s support for their long-standing beliefs and practices.

In a landmark judgment, the Bombay High Court has ruled that the Centre’s power to issue lookout circulars (LOCs) against defaulting borrowers through public sector banks (PSBs) is unconstitutional. This decision aligns with a previous order passed by the Delhi High Court in September 2023. The Bombay HC bench, comprising Justices Gautam Patel and Madhav Jamdar, quashed all unauthorized LOCs issued by PSBs in a batch of petitions filed since 2020. The court held that such LOCs violate fundamental rights, including the right to travel abroad, which is guaranteed under Article 21 of the Constitution. The Bureau of Immigration has been directed to ignore and not act upon any LOCs issued by PSBs.

The Maharashtra government has ordered a new survey of tidal plants along its coastal region due to growing concerns about threats to mangroves from various sources, including delayed transfer to the forest department for conservation. The Maharashtra Remote Sensing Application Centre is currently studying coasts across seven districts, and the study will help understand mangrove growth and assess destruction. Despite a Bombay High Court order, over 2,000 hectares of mangrove land have yet to be handed over to the forest department, with the largest pending transfer from CIDCO.

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to provide a special compensation of Rs 10 lakh to the parents of two children who drowned in an open water tank at Maharshi Karve Garden in Wadala on March 18. The parents, who were living on a footpath outside St Joseph’s High School, have expressed their intention to relocate to Baroda, Gujarat, once they receive the compensation. The BMC has also demolished illegal hutments in the area where the family was residing.

On Tuesday, the Bombay High Court dismissed Taher Fakhruddin’s challenge to the succession of Syedna Mufaddal Saifuddin as the 53rd spiritual leader of the Dawoodi Bohra community, ending a decade-long legal battle. The Dawoodi Bohra community expressed their satisfaction with the court’s decision, stating that they had anticipated this outcome.

In response to a petition filed by activist Jameel Merchant, the Maharashtra Police informed the Bombay High Court that criminal cases have been registered against BJP MLA Nitesh Rane and MLA Geeta Jain for alleged hate speeches in various parts of Mumbai. Rane’s alleged remarks were made during a public rally in Malwani on March 3, while Jain’s offensive statements were reportedly made in the Mira-Bhayander area. Despite complaints being filed against Rane and Jain, no action was initially taken. However, FIRs have now been registered against both MLAs, as well as the rally organizer in Malwani. The police have stated that the cases are being investigated.

The Bombay High Court has ordered the Brihanmumbai Municipal Corporation (BMC) to pay an ad hoc compensation of Rs 10 lakh to the parents of two minor boys who drowned in an open water tank in a civic garden. The incident occurred on April 1 when the two children, aged four and five, went to play in the Maharshi Karve Garden in Wadala. The water tank at the garden did not have any proper cover or lid, which led to the tragic accident. The high court had taken suo motu cognizance of the incident and initiated a public interest litigation. The BMC counsel, Anil Singh, informed the court that the compensation amount would be paid by the contractor responsible for maintaining the garden. The court accepted the statement and posted the matter for further hearing in June.

The Bombay High Court has emphasized the importance of maintaining dignity and avoiding improper conduct by judges and judicial officers, as such behaviors could tarnish the image of the judiciary. The court dismissed a plea by a civil judge junior division who had challenged his removal from judicial service due to alleged misconduct.

The Maharashtra government has informed the Bombay High Court that FIRs have been registered against two MLAs, Nitesh Rane and Geeta Jain, for allegedly making hate speeches during and after communal clashes in January. The court had directed police commissioners to investigate potential hate speech offenses, which resulted in four FIRs being filed. The petitioners had sought action under various Indian Penal Code provisions, including those related to provocation, promoting enmity, and defiling places of worship.

The Bombay High Court has dismissed a decade-long challenge to the leadership of Syedna Mufaddal Saifuddin, the spiritual head of the Dawoodi Bohra community. The dispute stemmed from the succession process within the community, where the successor to the al-Dai al-Mutlaq (supreme religious leader) is appointed through “divine inspiration”. The rival claimant, Khuzaima Qutbuddin, argued that he had been secretly appointed as successor by the previous al-Dai al-Mutlaq, Syedna Mohammad Burhanuddin, in 1965. However, the court found that Qutbuddin’s claim lacked witnesses and that the nass had been subsequently revoked. The court also dismissed Qutbuddin’s argument that as the Dai is “infallible”, the appointment of successor – which had already been conferred upon him – could not have been changed. The court’s verdict reaffirms the authority of Syedna Mufaddal Saifuddin and resolves a prolonged legal challenge to his leadership.