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Tag: Bombay HC

  • No Reduction to Salman Khan in Legal Intimidation Case, Journalist Opposes Courtroom’s Extension of Summons

    Salman Khan Legal Intimidation Case: Actor Salman Khan were accused through journalist Ashok Pandey for allegedly threatening and assaulting the latter. In keeping with Ashok, the Tiger 3 famous person along side his bodyguard Nawaz Shaikh intimidated him in 2019. The keep at the summons that used to be previous prolonged until Might 5 and later to June 13, used to be lately antagonistic through the journalist at Bombay Prime Courtroom. Take a look at this submit through Salman on his Instagram deal with:Additionally Learn – Anupamaa Written Replace, Might 6: #MaAn Makes Guarantees And Plans Long run, Baa Lies to Bapuji

    Additionally Learn – If I Inform You, I’m going to Be Fired: Anand Mahindra Tells Twitter Person Asking About Scorpio Release

    Tiger 3 Actor in Prison Hassle!

    In keeping with an India Nowadays document, the complainant has filed a sworn statement in Bombay HC opposing courtroom’s determination to grant reduction to Salman through extending the keep on summons. In his affidavit, the journalist reportedly mentioned that the Andheri Justice of the Peace courtroom adopted the due means of legislation and taking into account the proof and seriousness of the case, the summons were issued to the actor and his bodyguard. Additionally Learn – Chennai Guy Gulps Jewelry Price Rs 1.45 Lakh With Biryani At Buddy’s Eid Birthday celebration

    Salman Denies Allegations through Ashok!

    In 2019, Ashok in his grievance had alleged that he used to be filming the accused biking at the street in Mumbai. Later, the Tiger 3 actor had snatched his cell phone and so they additionally had an issue when reportedly Salman had threatened him. However in his petition, the actor maintained that he had no longer stated the rest to the journalist all over the alleged incident.

    For extra updates on Salman Khan take a look at this area at India.com.

  • Dishonest case: HC extends meantime coverage from arrest granted to Kirit Somaiya & his son

    Through PTI

    MUMBAI: The Bombay Top Court docket on Thursday prolonged until June 14 the meantime coverage from arrest granted to former BJP MP Kirit Somaiya and his son Neil Somaiya in a case of alleged misappropriation of public finances accumulated for the recovery of decommissioned naval plane service Vikrant.

    Justice Anuja Prabhudessai had on April 13 granted meantime coverage from arrest to the BJP chief and the similar aid to his son on April 20. The HC had at the moment stated within the tournament in their arrest, each the accused individuals be launched on a surety of Rs 50,000 each and every.

    The courtroom had additionally stated the criticism registered within the case via an ex-Military individual appeared imprecise and primarily based only on media reviews. It had, on the other hand, directed Somaiya and his son to report back to the Mumbai police for wondering on fastened dates.

    On Thursday, the state’s suggest, Shirish Gupte, stated whilst the Somaiyas were cooperating with the police, the investigating officer within the case had to “interrogate them no less than for 3 extra days.”

    Somaiyas’ suggest Ashok Mundargi stated the duo would report back to the police “on every occasion referred to as (for wondering).”

    Justice Prabhudessai recorded Mundargi’s commentary in her order and stated the meantime aid granted to each candidates will likely be prolonged until June 14, the following date of listening to within the case.

    As in step with the criticism, Kirit Somaiya and a few others had accumulated over Rs 57 crore for the recovery of the decommissioned naval aircarft service Vikrant.

    Alternatively, as an alternative of depositing the quantity to the Maharashtra governor’s secretary place of business, the BJP chief allegedly misappropriated the finances.

  • Tarun Tejpal order wishes ‘deeper scrutiny’; Bombay HC permits attraction towards acquittal

    By way of IANS

    PANAJI: Pointing out that the order by means of a tribulation courtroom acquitting former Tehelka editor-in-chief Tarun Tejpal wanted “deeper scrutiny and reappreciation”, the Bombay Top Court docket in Goa on Saturday granted the state govt go away to attraction towards the previous journalist’s acquittal in a 2013 rape case.

    “We consider that deeper scrutiny and reappreciation could also be important of the proof of the respondent’s SMS, WhatsApp, and electronic mail messages despatched to the sufferer. This proof must be evaluated from the context of corroboration of the sufferer’s testimony within the topic,” Justices M.S. Sonak and R.N. Laddha mentioned of their order.

    The order additionally mentioned that there was once want to revisit the inferences made by means of the Further Periods Pass judgement on Kshama Joshi within the order, handed closing 12 months, in regards to the habits of the sufferer.

    “The inference from the sufferer’s habits of consulting some legal professionals sooner than accommodation her grievance may additionally require a revisit. In spite of everything, the competition in regards to the alleged admissions within the messages or the right kind scope of such statements additionally calls for attention at this level, we may have best most popular to file {that a} prima facie case has been made out and debatable problems rise up within the topic,” the courtroom mentioned.

    Tejpal, who had challenged the state govt’s resolution to attraction towards his acquittal, claimed procedural lapses on a part of the prosecution of their attraction software.

    “In response to the fabric on file, we don’t suppose any case is made out to deduce non-application of thoughts rendering this type of resolution a nullity. Regardless that legitimate in some cases, the competition about haste and the inference of non-application of thoughts can’t be automatically drawn in all occasions and functions,” the Top Court docket maintained, rejecting Tejpal’s suggest Amit Desai’s competition.

    Tejpal was once charged towards beneath sections 376 (rape), 341 (wrongful restraint), 342 (wrongful confinement) 354A (sexual harassment) and 354B (felony attack), of the Indian Penal Code, after a junior colleague accused him of rape at a 5 celebrity hotel in Goa in 2013.

    On Might 21, he was once acquitted by means of the trial courtroom in Goa bringing up “advantage of doubt”, following which an attraction was once filed by means of the state govt.

  • Bombay HC grants intervening time coverage to IPS officer Rashmi Shukla until March 25 in telephone tapping case

    Through PTI

    MUMBAI: The Bombay Prime Courtroom on Friday restrained the Pune police from taking any coercive motion towards IPS officer Rashmi Shukla until March 25 in reference to the FIR registered towards her just lately in an alleged telephone tapping case.

    A bench of Justices S S Shinde and Nitin Borkar mentioned that Shukla deserved to be granted coverage from arrest within the case till additional orders, since prima facie it gave the impression that she have been “singled out” within the provide FIR registered towards her ultimate week through the Bund Lawn police station in Pune.

    The bench additionally famous in its order that the mentioned FIR have been registered towards Shukla after a substantial extend.

    It took word of Shukla’s suggest and senior recommend Mahesh Jethmalani that despite the fact that the alleged incident of unlawful telephone tapping had taken position over 3 years in the past, the Pune police’s FIR used to be registered towards Shukla handiest on February 25 this yr.

    Jethmalani additional mentioned that whilst a number of different officials of the Maharashtra police have been fascinated by acquiring the sanction for placing positive telephone numbers below surveillance, the FIR have been registered handiest towards Shukla.

    The Maharashtra executive’s suggest Y P Yagnik, alternatively, adversarial Shukla’s request for intervening time coverage from arrest.

    He additional sought a while to record a respond to her plea pronouncing {that a} reproduction of the petition have been served to him handiest on Thursday.

    Yagnik prompt the excessive court docket to not go any intervening time orders at the plea.

    The bench, alternatively, mentioned that Shukla had made a case have compatibility for ad-interim aid and that during passing its order, the excessive court docket used to be simply following the mandate of the Splendid Courtroom.

    “We will be able to go suitable orders. As in step with the petitioner’s submissions, you (state police) are submitting the FIR after three-and-a-half years of the alleged explanation for motion,” the HC mentioned.

    “Is it now not a case of malafide motion that whilst it seems that a number of officials are concerned, the FIR is filed towards just one officer? She is a serving IPS officer, maintaining a accountable publish in Andhra Pradesh. The place is the scope of her absconding?” it mentioned.

    Whilst Yagnik argued that the court docket used to be taking into consideration “just one aspect of the case,” Jethmalani argued that Shukla have been singled out and subsequently, prayers within the petition deserved attention.

    Jethmalani additional mentioned that despite the fact that a lot of officials have been concerned within the strategy of alleged surveillance and speak to interception at the foundation that the mentioned telephone holders have been supplying narcotics to school scholars, no person else have been named within the mentioned FIR.

    The senior attorney additionally informed the HC that not one of the telephone numbers allegedly intercepted have been registered within the title of any politicians.

    The HC then mentioned that prima facie, it used to be “satisfied” that Shukla deserved to be granted coverage till additional orders.

    “Initially, there’s a extend in registering the FIR. Secondly despite the fact that different officials have been fascinated by acquiring sanction for the surveillance of positive telephone numbers, FIR is handiest towards the petitioner,” the excessive court docket mentioned in its order.

    “Thirdly, the petitioner is a high-ranking officer and is occupying a accountable publish of ADG with the CRPF, Hyderabad. It’s not likely that she’s going to abscond. Subsequently, she must be given coverage,” it mentioned.

    The HC bench additionally recorded in its order that Jethmalani, at the directions from Shukla, mentioned that she used to be prepared to increase “complete cooperation” to the police in its probe within the case.

    The HC granted two weeks to the Pune police to record its respond to Shukla’s plea.

    It posted the topic for additional listening to on March 25 and mentioned that no coercive motion should be taken towards Shukla within the case till then.

    Shukla, who used to be posted as Pune police commissioner between March 2016 and July 2018, is at this time on central deputation and posted as further director basic of Central Reserve Police Pressure (CRPF) in Hyderabad.

    The FIR used to be filed towards Shukla below related sections of the Indian Telegraph Act for alleged unlawful tapping of telephones of politicians between 2015 and 2019 all the way through her tenure because the Pune police commissioner.

    Looking for to quash the FIR, the IPS officer has mentioned in her plea that she used to be being “falsely implicated” within the case and that she used to be a sufferer of “political vendetta”.

  • Bombay HC seeks ED’s respond to Maharashtra Minister Nawab Malik’s plea in opposition to his arrest in cash laundering case

    By means of PTI

    MUMBAI: The Bombay Top Court docket on Wednesday directed the Enforcement Directorate (ED) to document its respond to Maharashtra minister Nawab Malik’s petition difficult his arrest in a cash laundering probe related to fugitive gangster Dawood Ibrahim and his aides.

    Malik used to be arrested by means of the ED closing week and is within the central company’s custody until March 3.

    The minister could be produced ahead of a different courtroom on Thursday.

    The NCP chief on Monday filed a petition within the top courtroom searching for to quash the case and in addition the order handed by means of a different courtroom remanding him to the ED’s custody.

    Malik sought his speedy free up and a course from the top courtroom to claim his arrest as unlawful.

    The state Minority Affairs Minister alleged that he used to be illegally arrested for being a “vocal critic of the misuse of central businesses”.

    A department bench of Justices S B Shukre and G A Sanap on Wednesday in short heard Malik’s recommend Amit Desai.

    Further Solicitor Common Anil Singh, showing for the ED, sought time to document his affidavit.

    “There are particular allegations made within the petition. We (ED) must care for it,” Singh stated.

    The bench posted the plea for additional listening to on March 7, noting that on that day the common bench listening to legal petitions could be to be had.

    “If within the period in-between there may be any next remand or order handed by means of the particular courtroom, then it could be with none prejudice brought about to the rights and contentions of each the petitioner (Malik) and the State (ED),” the courtroom stated.

    Desai had argued that the petition raises the query of Malik’s private liberty.

    “The ED is depending on statements of sure individuals who’re accused of being individuals of fugitive gangster Dawood Ibrahim. Malik isn’t concerned with that workforce,” Desai stated.

    He additional argued that the ED’s case is to simply create a false and flawed impact of Malik, who has been in public carrier since 25 years, with this workforce.

    The senior recommend additional stated that the alleged offence relates to the transactions carried out long ago in 1999.

    In his petition, Malik had stated that he used to be no longer the primary to be centered and it is a being concerned development around the country, the place central businesses are being misused by means of the birthday celebration in energy.

    Malik in his petition stated he used to be forcibly picked up from his place of dwelling by means of the ED officers on February 23 with none understand or summons underneath segment 41A of the Prison Process Code.

    The minister in his plea stated the February 23 order of the particular courtroom designated to listen to the Prevention of Cash Laundering Act (PMLA) circumstances used to be with out jurisdiction.

    The ED’s case is that Malik in connivance with Dawood Ibrahim’s aides – Haseena Parker, Salim Patel and Sardar Khan – hatched a legal conspiracy for usurping one Munira Plumber’s ancestral assets in Kurla having present marketplace worth of round Rs 300 crore.

    Thus, it’s proceeds of crime, the company claimed.

  • PIL in SC demanding situations Bombay HC round lowering running hours because of spike in COVID instances

    Through PTI

    NEW DELHI: A plea has been filed within the Excellent Court docket difficult the Bombay Prime Court docket’s administrative round at the 12 noon-3 pm running hours throughout weekdays because of the upward push in Covid instances.

    The Bombay Prime Court docket’s administrative committee has pop out with a Usual Working Process (SOP) and in step with the verdict, the top courtroom would serve as from 12 midday to three pm with no lunch spoil from Monday to Friday from January 11 to January 28.

    The PIL has been filed by means of suggest Ghanshyam Upadhyay searching for quashing of the round, issued on January 10, by means of terming the verdict “unrealistic” and “unreasonable.”

    The plea has additionally sought digital hearings in all courts in Maharashtra.

    “The Hon’ble courtroom could also be happy to direct the Prime Court docket, Bombay to make sure that the entire courts within the state are made to serve as complete time thru digital platform by means of laying down tips for a similar in such means and/or process because the Prime Court docket might deem have compatibility and right kind with the thing of heading off bodily look of attorneys/litigants however with out compromising/curbing the courtroom timing/running hours of the courts within the State of Maharashtra,” the plea mentioned.

    The plea mentioned the attorneys and litigants are dealing with hardships because of the lowered running hours.

    “Their basic rights are jeopardized and violated, which can be an issue of significant fear and of significant public significance,” it mentioned.

    The PIL additionally challenged the verdict to switch the running hours of the decrease courts in Mumbai, Pune, Raigad, Alibaug and Thane between 11 AM and four PM with the presence 50 according to cent of staffers each day on rotation.

    The Excellent Court docket just lately took notice of a surprising spike within the selection of COVID-19 instances and determined to listen to all issues in digital mode from January 7 and the benches are sitting on the residential places of work of the judges.

    The highest courtroom has been listening to instances thru video-conferencing since March 2020 because of the pandemic and has been enjoyable or tightening the stipulations now and again retaining in thoughts the converting pandemic state of affairs.

  • ED opposes in Bombay HC plea of Anil Deshmukh’s spouse Aarti towards attachment of property

    Through PTI

    MUMBAI: The Enforcement Directorate (ED) on Monday hostile within the Bombay Top Court docket a plea filed via former Maharashtra house minister Anil Deshmukh’s spouse, Aarti, difficult the provisional attachment of property in a cash laundering case.

    The ED, in a sworn statement, stated the petition was once now not maintainable as the problems raised in it may well be put ahead ahead of an adjudicating authority which is seized of the topic touching on the attachment of property underneath the Prevention of Cash Laundering Act (PMLA).

    The affidavit additional stated the Act supplies for statutory mechanisms to boost the problem ahead of the adjudicating authority.

    Additional, the adjudicating authority has concluded the listening to and closed the topic for order, stated the ED.

    A department bench headed via Justice G S Patel on Monday took the affidavit on file and posted the topic for additional listening to on January 19.

    In December 2021, the bench had accredited the adjudicating authority to listen to and cross ultimate orders at the provisional attachment of property belong to Anil Deshmukh and his spouse Aarti, however restrained it from taking any coercive motion pending listening to of her plea within the HC.

    Aarti Deshmukh, within the petition, had contended that the authority is meant to incorporate a chairperson and two contributors, considered one of whom needs to be compulsorily from regulation background, however this rule isn’t being adopted.

    The authority is a quasi-judicial frame established underneath the PMLA that adjudicates on issues attached with attachment of houses.

    Anil Deshmukh, a senior NCP chief, is lately in prison underneath judicial custody within the case.

    Previous ultimate 12 months, the ED had provisionally connected property price over Rs 4 crore belonging to Anil Deshmukh (71) and his circle of relatives.

    The ED had initiated a probe after the Central Bureau of Investigation filed an FIR towards Anil Deshmukh following a initial inquiry into the allegations of corruption and legit misconduct levelled towards him via former Mumbai police commissioner Param Bir Singh.

    The NCP chief, who resigned from the state cupboard in April 2021, has denied any wrongdoing.