The World Opinion

Tag: Bombay High Court

  • Man Calls Wife ‘Second-Hand’, Ordered To Pay Rs 3 Crore Compensation By Court In Domestic Violence Case |

    MUMBAI: In a recent ruling, the Bombay High Court upheld a trial court’s decision, ordering a man who derogatorily referred to his wife as ‘second-hand’ to pay a hefty compensation of Rs 3 crore along with monthly maintenance of Rs 1.5 lakh under the Protection of Women from Domestic Violence Act, 2005.

    Background Of The Case

    The case, heard by Justice Sharmila Deshmukh on a revision application filed by the husband, stemmed from a tumultuous marriage that began in January 1994 in Mumbai and later included a ceremonial marriage in the USA. Despite owning a shared residence in Matunga upon their return to Mumbai in 2005, marital discord led to the wife relocating to her mother’s residence in 2008, while the husband moved to the USA in 2014.

    Legal Proceedings

    Legal proceedings unfolded in both the USA and Mumbai, with the husband filing for divorce in 2017, which was granted in 2018. Simultaneously, the wife lodged a complaint under the Domestic Violence Act in Mumbai.

    Testimony And Allegations

    The wife recounted a series of distressing incidents, including verbal and physical abuse, particularly highlighting a demeaning instance during their honeymoon in Nepal where the husband labelled her ‘second-hand’ due to a previous broken engagement. She further revealed instances of verbal degradation, physical violence, and baseless accusations of infidelity, even citing a 1999 incident in Texas where the husband was arrested for assaulting her.

    Court’s Observations

    The court, acknowledging the gravity of domestic violence, emphasized its detrimental impact on the victim’s self-worth, irrespective of their social status or education level. It noted that in this case, where both parties were well-educated and held high social standing, the effects of domestic violence would be keenly felt by the wife, affecting her self-worth significantly.

    Despite the husband’s claims that the domestic violence proceedings were retaliatory to the divorce proceedings initiated by him, the court upheld the trial court’s ruling, underscoring the importance of addressing domestic violence comprehensively and providing redressal to victims.

  • Elgar Parishad case: SC adjourns listening to on activist Jyoti Jagtap’s plea in opposition to HC order declining her bail 

    Via PTI

    NEW DELHI: The Splendid Courtroom on Thursday adjourned for 4 weeks a plea moved by way of activist Jyoti Jagtap, arrested within the Elgar Parishad-Maoist hyperlinks case, difficult a Bombay Top Courtroom order denying her bail.

    Jagtap has moved the apex courtroom difficult the October 17, 2022 order of the prime courtroom that refused to grant her bail, pronouncing the Nationwide Investigation Company’s (NIA) case in opposition to her used to be “prima facie true” and that she used to be a part of a “higher conspiracy” hatched by way of the banned CPI (Maoist) outfit.

    A bench of Justices Aniruddha Bose and Bela M Trivedi deferred the topic after suggest Aparna Bhat, showing within the courtroom on behalf of Jagtap, sought time to report a rejoinder to an NIA affidavit.

    The highest courtroom granted 3 weeks to Jagtap to report her rejoinder.

    On July 28, a bench headed by way of Justice Bose granted bail to activists Vernon Gonsalves and Arun Ferreira within the Elgar Parishad-Maoist hyperlinks case, noting that they have been in custody for 5 years.

    The highest courtroom had, on Would possibly 4, sought the responses of the Maharashtra govt and NIA on Jagtap’s plea in opposition to the prime courtroom order.

    The prime courtroom had mentioned Jagtap used to be an lively member of the Kabir Kala Manch (KKM) team, which right through its level play on the “Elgar Parishad” conclave held in Pune on December 31, 2017, gave now not best “competitive, however extremely provocative slogans”.

    “We’re of the regarded as opinion that there are cheap grounds for believing the allegations or accusations of the NIA in opposition to the appellant (Jagtap) having conspired, tried, advocated and abetted the fee of a terrorist act as prima facie true,” the courtroom had mentioned.

    In step with the NIA, the KKM is a entrance organisation of the Communist Birthday party of India (Maoist).

    The prime courtroom had pushed aside the enchantment filed by way of the activist-cum-singer difficult a February 2022 order of a distinct courtroom refusing her bail.

    The 2017 Elgar Parishad conclave used to be held at Shaniwarwada, an 18th-century palace castle situated within the middle of Pune town.

    Jagtap, accused of making a song and elevating provocative slogans on the conclave along side different KKM contributors, used to be arrested in September 2020 and has been lodged on the Byculla ladies’s jail in Mumbai since then.

    In step with the investigators, provocative speeches that have been allegedly made on the conclave precipitated violence at Koregaon-Bhima at the outskirts of Pune on January 1, 2018.

    NEW DELHI: The Splendid Courtroom on Thursday adjourned for 4 weeks a plea moved by way of activist Jyoti Jagtap, arrested within the Elgar Parishad-Maoist hyperlinks case, difficult a Bombay Top Courtroom order denying her bail.

    Jagtap has moved the apex courtroom difficult the October 17, 2022 order of the prime courtroom that refused to grant her bail, pronouncing the Nationwide Investigation Company’s (NIA) case in opposition to her used to be “prima facie true” and that she used to be a part of a “higher conspiracy” hatched by way of the banned CPI (Maoist) outfit.

    A bench of Justices Aniruddha Bose and Bela M Trivedi deferred the topic after suggest Aparna Bhat, showing within the courtroom on behalf of Jagtap, sought time to report a rejoinder to an NIA affidavit.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    The highest courtroom granted 3 weeks to Jagtap to report her rejoinder.

    On July 28, a bench headed by way of Justice Bose granted bail to activists Vernon Gonsalves and Arun Ferreira within the Elgar Parishad-Maoist hyperlinks case, noting that they have been in custody for 5 years.

    The highest courtroom had, on Would possibly 4, sought the responses of the Maharashtra govt and NIA on Jagtap’s plea in opposition to the prime courtroom order.

    The prime courtroom had mentioned Jagtap used to be an lively member of the Kabir Kala Manch (KKM) team, which right through its level play on the “Elgar Parishad” conclave held in Pune on December 31, 2017, gave now not best “competitive, however extremely provocative slogans”.

    “We’re of the regarded as opinion that there are cheap grounds for believing the allegations or accusations of the NIA in opposition to the appellant (Jagtap) having conspired, tried, advocated and abetted the fee of a terrorist act as prima facie true,” the courtroom had mentioned.

    In step with the NIA, the KKM is a entrance organisation of the Communist Birthday party of India (Maoist).

    The prime courtroom had pushed aside the enchantment filed by way of the activist-cum-singer difficult a February 2022 order of a distinct courtroom refusing her bail.

    The 2017 Elgar Parishad conclave used to be held at Shaniwarwada, an 18th-century palace castle situated within the middle of Pune town.

    Jagtap, accused of making a song and elevating provocative slogans on the conclave along side different KKM contributors, used to be arrested in September 2020 and has been lodged on the Byculla ladies’s jail in Mumbai since then.

    In step with the investigators, provocative speeches that have been allegedly made on the conclave precipitated violence at Koregaon-Bhima at the outskirts of Pune on January 1, 2018.

  • Homicide accused with two Aadhaar playing cards: Bombay HC dismisses Pune police’s plea 

    Through PTI

    MUMBAI: The Bombay Prime Courtroom on Friday disregarded a petition filed by way of Pune police looking for route to the Distinctive Identity Authority of India (UIDAI) to furnish Aadhaar main points of a homicide accused who had two playing cards with other delivery dates.

    The accused had, on the time of his arrest, submitted an Aadhaar card through which his yr of delivery was once 1999, whilst later he submitted any other card in a decrease courtroom in Pune with the yr of delivery discussed as 2003.

    The 12-digit quantity on each playing cards have been the similar.

    The decrease courtroom had despatched the accused to the custody of the Juvenile Justice Board since he was once a minor (allowing for 2003 as his delivery yr) on the time of arrest in 2020.

    As an alternative of difficult this order of the Pune courtroom, the police moved HC looking for a route to UIDAI to furnish the paperwork according to which those Aadhaar playing cards have been issued.

    The HC bench mentioned the police may record a case towards the person for containing two Aadhaar playing cards with other main points.

    Suggest Sushil Halwasiya, showing for UIDAI, instructed the courtroom there are professionals who forge Aadhaar playing cards.

    The bench, in a lighter vein, mentioned, “Then why is it referred to as distinctive? You will have to examine. In that Antilia case, one police officer had two Aadhaar playing cards. The title was once the similar however two Aadhaar playing cards.”

    Halwasiya mentioned an Aadhaar card isn’t an evidence of age however best of identification.

    After listening to UIDAI, the bench mentioned it discovered no benefit relating to the Pune police and requested why the police had now not challenged the order of the Pune courtroom.

    It then disregarded the plea of the Pune police.

    MUMBAI: The Bombay Prime Courtroom on Friday disregarded a petition filed by way of Pune police looking for route to the Distinctive Identity Authority of India (UIDAI) to furnish Aadhaar main points of a homicide accused who had two playing cards with other delivery dates.

    The accused had, on the time of his arrest, submitted an Aadhaar card through which his yr of delivery was once 1999, whilst later he submitted any other card in a decrease courtroom in Pune with the yr of delivery discussed as 2003.

    The 12-digit quantity on each playing cards have been the similar.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    The decrease courtroom had despatched the accused to the custody of the Juvenile Justice Board since he was once a minor (allowing for 2003 as his delivery yr) on the time of arrest in 2020.

    As an alternative of difficult this order of the Pune courtroom, the police moved HC looking for a route to UIDAI to furnish the paperwork according to which those Aadhaar playing cards have been issued.

    The HC bench mentioned the police may record a case towards the person for containing two Aadhaar playing cards with other main points.

    Suggest Sushil Halwasiya, showing for UIDAI, instructed the courtroom there are professionals who forge Aadhaar playing cards.

    The bench, in a lighter vein, mentioned, “Then why is it referred to as distinctive? You will have to examine. In that Antilia case, one police officer had two Aadhaar playing cards. The title was once the similar however two Aadhaar playing cards.”

    Halwasiya mentioned an Aadhaar card isn’t an evidence of age however best of identification.

    After listening to UIDAI, the bench mentioned it discovered no benefit relating to the Pune police and requested why the police had now not challenged the order of the Pune courtroom.

    It then disregarded the plea of the Pune police.

  • Cash laundering case: Bombay HC refuses bail to NCP chief Nawab Malik on clinical grounds

    By means of PTI

    MUMBAI: The Bombay Prime Court docket on Thursday refused to grant bail on clinical grounds to NCP chief and previous Maharashtra minister Nawab Malik in reference to a cash laundering case being probed by way of the Enforcement Directorate (ED).

    Malik used to be arrested in February 2022 by way of the ED within the case allegedly related to the actions of fugitive gangster Dawood Ibrahim and his pals.

    The Nationalist Congress Celebration (NCP) is in judicial custody and recently present process remedy in a non-public health facility right here.

    Malik had sought bail from the HC on clinical grounds, announcing he used to be affected by a protracted kidney illness with the exception of quite a lot of different diseases.

    He additionally sought bail on deserves.

    A unmarried bench of Justice Anuja Prabhudessai rejected Malik’s plea in the hunt for bail on clinical grounds.

    The courtroom stated it will listen his plea in the hunt for bail on deserves after two weeks.

    Malik’s recommend Amit Desai had argued his consumer’s well being used to be deteriorating during the last 8 months and he used to be in level 2 to level 3 of power kidney illness.

    He prompt the courtroom to grant Malik bail taking into consideration his well being situation and stated if he persisted to be stored in such worrying stipulations, then it will be deadly.

    Further Solicitor Common Anil Singh, showing for the ED, antagonistic the bail and stated Malik is already in a health facility of his selection and is receiving clinical remedy.

    The ED’s case towards Malik is in keeping with an FIR filed by way of the Nationwide Investigation Company (NIA) towards Dawood Ibrahim, a delegated world terrorist and a key accused within the 1993 Mumbai serial bomb blasts, and his pals beneath the Illegal Actions (Prevention) Act.

    MUMBAI: The Bombay Prime Court docket on Thursday refused to grant bail on clinical grounds to NCP chief and previous Maharashtra minister Nawab Malik in reference to a cash laundering case being probed by way of the Enforcement Directorate (ED).

    Malik used to be arrested in February 2022 by way of the ED within the case allegedly related to the actions of fugitive gangster Dawood Ibrahim and his pals.

    The Nationalist Congress Celebration (NCP) is in judicial custody and recently present process remedy in a non-public health facility right here.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Malik had sought bail from the HC on clinical grounds, announcing he used to be affected by a protracted kidney illness with the exception of quite a lot of different diseases.

    He additionally sought bail on deserves.

    A unmarried bench of Justice Anuja Prabhudessai rejected Malik’s plea in the hunt for bail on clinical grounds.

    The courtroom stated it will listen his plea in the hunt for bail on deserves after two weeks.

    Malik’s recommend Amit Desai had argued his consumer’s well being used to be deteriorating during the last 8 months and he used to be in level 2 to level 3 of power kidney illness.

    He prompt the courtroom to grant Malik bail taking into consideration his well being situation and stated if he persisted to be stored in such worrying stipulations, then it will be deadly.

    Further Solicitor Common Anil Singh, showing for the ED, antagonistic the bail and stated Malik is already in a health facility of his selection and is receiving clinical remedy.

    The ED’s case towards Malik is in keeping with an FIR filed by way of the Nationwide Investigation Company (NIA) towards Dawood Ibrahim, a delegated world terrorist and a key accused within the 1993 Mumbai serial bomb blasts, and his pals beneath the Illegal Actions (Prevention) Act.

  • Reality test unit: IT Laws amendments do not appear to protect satire, says Bombay HC

    Via PTI

    MUMBAI: The amendments to the Data Generation Laws, prima facie, don’t appear to protect parody and satire, the Bombay Top Court docket mentioned on Monday whilst listening to a petition filed via humorist Kunal Kamra.

    The HC bench additionally mentioned Kamra’s petition difficult the amendments used to be maintainable.

    On April 6, the Union executive promulgated sure amendments to the Data Generation (Middleman Tips and Virtual Media Ethics Code) Laws, 2021, together with a provision of a truth test unit to spot pretend or false or deceptive on-line content material associated with the federal government.

    Kamra, in his petition, claimed the brand new laws may doubtlessly result in his content material being arbitrarily blocked or his social media accounts being suspended or deactivated, thus harming him professionally.

    He has sought that the court docket claim the amended laws as unconstitutional and provides a route to the federal government to restrain from taking motion towards somebody beneath the foundations.

    The Union executive, in a testimony filed in court docket, had “reiterated that the position of the truth test unit is particular to any trade of the Central executive, which would possibly come with details about insurance policies, programmes, notifications, laws, laws, implementation thereof, and so on”.

    “The truth test unit would possibly best determine pretend or false or deceptive knowledge and now not any opinion, satire or inventive influence. Subsequently, the purpose of the federal government with reference to the creation of the impugned provision is explicitly transparent and suffers from no purported arbitrariness or unreasonableness as alleged via the petitioner (Kamra),” the Centre’s affidavit additional contended.

    READ HERE | Reality-check provision in new IT laws tantamount to censorship of Press, says INS; calls for rollback

    On Monday, a department bench of Justices GS Patel and Neela Gokhale, whilst listening to the plea, mentioned, prima facie, the foundations do not appear to protect honest complaint of the federal government like parody and satire.

    “You don’t seem to be affecting parody, satire, that’s what your affidavit says. That’s not what your laws say. There’s no coverage granted. That we can have to peer,” Justice Patel orally remarked.

    The Centre had additionally mentioned the truth test unit has now not but been notified via the federal government and, therefore, arguments made within the petition (via Kamra) referring to its functioning wouldn’t have any foundation and have been “untimely and beneath mere misconceptions of the petitioner.”

    Then again, the bench mentioned the argument that the problem is “untimely” could also be improper.

    The court docket will pay attention the subject additional on April 27.

    As in step with the amendments, intermediaries comparable to social media corporations should act towards content material recognized via the truth test unit or chance shedding their “secure harbour” protections beneath Segment 79 of the IT Act.

    “Secure harbour” protections permit intermediaries to steer clear of liabilities for what 3rd events submit on their internet sites.

    MUMBAI: The amendments to the Data Generation Laws, prima facie, don’t appear to protect parody and satire, the Bombay Top Court docket mentioned on Monday whilst listening to a petition filed via humorist Kunal Kamra.

    The HC bench additionally mentioned Kamra’s petition difficult the amendments used to be maintainable.

    On April 6, the Union executive promulgated sure amendments to the Data Generation (Middleman Tips and Virtual Media Ethics Code) Laws, 2021, together with a provision of a truth test unit to spot pretend or false or deceptive on-line content material associated with the federal government.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Kamra, in his petition, claimed the brand new laws may doubtlessly result in his content material being arbitrarily blocked or his social media accounts being suspended or deactivated, thus harming him professionally.

    He has sought that the court docket claim the amended laws as unconstitutional and provides a route to the federal government to restrain from taking motion towards somebody beneath the foundations.

    The Union executive, in a testimony filed in court docket, had “reiterated that the position of the truth test unit is particular to any trade of the Central executive, which would possibly come with details about insurance policies, programmes, notifications, laws, laws, implementation thereof, and so on”.

    “The truth test unit would possibly best determine pretend or false or deceptive knowledge and now not any opinion, satire or inventive influence. Subsequently, the purpose of the federal government with reference to the creation of the impugned provision is explicitly transparent and suffers from no purported arbitrariness or unreasonableness as alleged via the petitioner (Kamra),” the Centre’s affidavit additional contended.

    READ HERE | Reality-check provision in new IT laws tantamount to censorship of Press, says INS; calls for rollback

    On Monday, a department bench of Justices GS Patel and Neela Gokhale, whilst listening to the plea, mentioned, prima facie, the foundations do not appear to protect honest complaint of the federal government like parody and satire.

    “You don’t seem to be affecting parody, satire, that’s what your affidavit says. That’s not what your laws say. There’s no coverage granted. That we can have to peer,” Justice Patel orally remarked.

    The Centre had additionally mentioned the truth test unit has now not but been notified via the federal government and, therefore, arguments made within the petition (via Kamra) referring to its functioning wouldn’t have any foundation and have been “untimely and beneath mere misconceptions of the petitioner.”

    Then again, the bench mentioned the argument that the problem is “untimely” could also be improper.

    The court docket will pay attention the subject additional on April 27.

    As in step with the amendments, intermediaries comparable to social media corporations should act towards content material recognized via the truth test unit or chance shedding their “secure harbour” protections beneath Segment 79 of the IT Act.

    “Secure harbour” protections permit intermediaries to steer clear of liabilities for what 3rd events submit on their internet sites.

  • Remarriage no floor to disclaim repayment to coincidence sufferer’s widow, regulations Bombay HC

    Via PTI

    MUMBAI: Remarriage of a widow can’t be a explanation why to disclaim repayment to her below the Motor Cars Act for the demise of her husband in a street coincidence, the Bombay Prime Court docket has stated whilst pushing aside an insurance coverage corporate’s petition.

    Iffco Tokio Normal Insurance coverage Corporate had filed the petition within the prime courtroom, difficult the order of a Motor Injuries Declare Tribunal (MACT), which had directed the corporate to pay repayment to the girl, whose husband was once killed in a street coincidence in 2010.

    A single-judge bench of Justice S G Dige on March 3 made up our minds the attraction of the insurance coverage corporate. Its detailed order was once made to be had not too long ago.

    The suggest for the company had submitted that because the claimant, the spouse of deceased Ganesh, remarried after his demise, she isn’t entitled to get repayment.

    The courtroom, on the other hand, held that one can’t be expecting that for purchasing repayment for the demise of her husband, she has to stay a widow for lifestyles or until she will get the payout.

    The courtroom famous that it seems that from the file that on the time of the demise of her husband, the girl was once 19 years outdated.

    Making an allowance for her age and the truth that she was once the spouse of the deceased on the time of the coincidence is enough floor for her to get repayment, it stated.

    “Additionally, after the demise of a husband, remarriage can’t be a taboo to get repayment,” the courtroom held.

    The lady’s husband had met with an coincidence in Would possibly 2010 when he was once on a bike as a pillion rider.

    When the motorbike was once crossing the Mumbai-Pune freeway and heading in opposition to Kamshet, an autorickshaw rammed into the two-wheeler, resulting in Ganesh’s demise.

    The company had contended that it cannot be held at risk of pay the repayment because the autorickshaw was once most effective accepted to ply inside of Thane district.

    On the other hand, the choose stated, “I don’t to find any infirmity in it. In my opinion, the appellants have now not tested any witness to turn out that taking the offending rickshaw out of doors the jurisdiction of Thane district was once a breach of the phrases of allow, and it quantities to breach of phrases and prerequisites of insurance plans.”

    “Therefore, I don’t see advantage within the rivalry of discovered suggest for appellant that there was once breach of phrases and prerequisites of insurance plans,” Justice Dige stated whilst pushing aside the attraction.

    MUMBAI: Remarriage of a widow can’t be a explanation why to disclaim repayment to her below the Motor Cars Act for the demise of her husband in a street coincidence, the Bombay Prime Court docket has stated whilst pushing aside an insurance coverage corporate’s petition.

    Iffco Tokio Normal Insurance coverage Corporate had filed the petition within the prime courtroom, difficult the order of a Motor Injuries Declare Tribunal (MACT), which had directed the corporate to pay repayment to the girl, whose husband was once killed in a street coincidence in 2010.

    A single-judge bench of Justice S G Dige on March 3 made up our minds the attraction of the insurance coverage corporate. Its detailed order was once made to be had not too long ago.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    The suggest for the company had submitted that because the claimant, the spouse of deceased Ganesh, remarried after his demise, she isn’t entitled to get repayment.

    The courtroom, on the other hand, held that one can’t be expecting that for purchasing repayment for the demise of her husband, she has to stay a widow for lifestyles or until she will get the payout.

    The courtroom famous that it seems that from the file that on the time of the demise of her husband, the girl was once 19 years outdated.

    Making an allowance for her age and the truth that she was once the spouse of the deceased on the time of the coincidence is enough floor for her to get repayment, it stated.

    “Additionally, after the demise of a husband, remarriage can’t be a taboo to get repayment,” the courtroom held.

    The lady’s husband had met with an coincidence in Would possibly 2010 when he was once on a bike as a pillion rider.

    When the motorbike was once crossing the Mumbai-Pune freeway and heading in opposition to Kamshet, an autorickshaw rammed into the two-wheeler, resulting in Ganesh’s demise.

    The company had contended that it cannot be held at risk of pay the repayment because the autorickshaw was once most effective accepted to ply inside of Thane district.

    On the other hand, the choose stated, “I don’t to find any infirmity in it. In my opinion, the appellants have now not tested any witness to turn out that taking the offending rickshaw out of doors the jurisdiction of Thane district was once a breach of the phrases of allow, and it quantities to breach of phrases and prerequisites of insurance plans.”

    “Therefore, I don’t see advantage within the rivalry of discovered suggest for appellant that there was once breach of phrases and prerequisites of insurance plans,” Justice Dige stated whilst pushing aside the attraction.

  • ‘New born comprises pre-term child’: HC directs insurance coverage co to pay scientific bills to twins’ mom

    By way of PTI

    MUMBAI: A brand new born would imply each a full-term child and a pre-term child, the Bombay Top Courtroom on Wednesday mentioned whilst directing an insurance coverage corporate to pay Rs 11 lakh scientific bills incurred through a girl from Mumbai for the remedy of her dual young children born untimely.

    A department bench of Justices Gautam Patel and Neela Gokhale additionally directed the New India Assurance corporate to pay an extra sum of Rs 5 lakh to the girl for making an attempt to interpret clauses in its insurance coverage insurance policies, opposite to their true spirit, simplest so as to steer clear of honouring claims.

    The court docket famous the way of the insurance coverage corporate was once “unreasonable, unjust and opposite to the elemental utmost just right religion ethic of an insurance coverage.”

    “Those submissions are the sheerest casuistry. They can’t be allowed to be successful,” the HC mentioned.

    The girl, a criminal practitioner, moved the HC in 2021 after the insurance coverage corporate refused her claims at the floor that the coverage simplest covers new born young children who’re born full-term and now not young children born pre-term.

    The girl in her plea mentioned the insurance coverage corporate’s refusal to just accept her claims was once arbitrary and opposite to the Insurance coverage Regulatory And Building Authority of India (IRDAI) pointers.

    The petition mentioned there was once no rational classification, nor intelligible differentia between new-born and untimely young children.

    The insurance coverage corporate adversarial the petition and mentioned the petitioner’s twins evolved headaches because of their untimely delivery and do not need passed off in a child born full-term.

    The bench, alternatively, refused to just accept this argument and mentioned the insurance coverage corporate’s rejection of the petitioner’s declare was once “opposite to regulation, unreasonable and arbitrary, and vulnerable to be put aside.”

    “The respect between a ‘new-born’ and a ‘untimely child’ or a child born ‘pre-term’ is baseless as a new-born child can also be one this is born ‘complete time period’ or ‘pre-term’.

    A complete time period child does now not turn out to be extra ‘more moderen’ to any extent further than a ‘pre-term’ child turns into an ‘previous born’ or, to make it much more pointed, ‘outdated born’, the court docket mentioned.

    The bench famous that it has taken the petitioner, a tender mom {and professional}, substantial trials and tribulations and the curler coaster litigation procedure to convey the topic to its logical conclusion.

    “The purpose of reposing religion within the insurance coverage corporate is pre-eminently to protect/supply in opposition to risks which beset human lifestyles and dealings, through agreeing to pay the honor within the type of premiums, as in keeping with the phrases of the coverage,” it mentioned.

    The court docket mentioned the petitioner didn’t also have the time to revel within the delivery of her dual young children and nurse them to well being when she confronted the “impolite surprise” of rejection of her reliable declare through the insurance coverage corporate.

    “The insurance coverage corporate can’t be approved to play rapid and unfastened with the religion reposed through the insured, and that too, supported through common renewals and bills of top class, through making an attempt to interpret clauses in its insurance policies, opposite to their true spirit and simplest so as to steer clear of honouring claims,” it mentioned.

    The bench mentioned it deemed it “have compatibility and correct, within the pursuits of justice” and directed the insurance coverage corporate to pay the girl an extra Rs 5 lakh as the price of litigation.

    The entire quantity would must be paid inside of a length of 4 weeks, the court docket mentioned.

    As in keeping with the plea, the girl had in 2007 taken two mediclaim insurance policies for Rs 20 lakhs from the New India Assurance Corporate that have been renewed periodically.

    In September 2018, the girl delivered dual child boys at 30 weeks’ gestation in an emergency Caesarean surgical treatment.

    The young children have been untimely and needed to be admitted to the NeoNatal Extensive Care Unit for life-saving remedy.

    After their discharge, the petitioner submitted a declare to the insurance coverage corporate and claimed Rs 11 lakh for the bills incurred through her.

    Alternatively, the corporate repudiated her claims.

    MUMBAI: A brand new born would imply each a full-term child and a pre-term child, the Bombay Top Courtroom on Wednesday mentioned whilst directing an insurance coverage corporate to pay Rs 11 lakh scientific bills incurred through a girl from Mumbai for the remedy of her dual young children born untimely.

    A department bench of Justices Gautam Patel and Neela Gokhale additionally directed the New India Assurance corporate to pay an extra sum of Rs 5 lakh to the girl for making an attempt to interpret clauses in its insurance coverage insurance policies, opposite to their true spirit, simplest so as to steer clear of honouring claims.

    The court docket famous the way of the insurance coverage corporate was once “unreasonable, unjust and opposite to the elemental utmost just right religion ethic of an insurance coverage.”googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    “Those submissions are the sheerest casuistry. They can’t be allowed to be successful,” the HC mentioned.

    The girl, a criminal practitioner, moved the HC in 2021 after the insurance coverage corporate refused her claims at the floor that the coverage simplest covers new born young children who’re born full-term and now not young children born pre-term.

    The girl in her plea mentioned the insurance coverage corporate’s refusal to just accept her claims was once arbitrary and opposite to the Insurance coverage Regulatory And Building Authority of India (IRDAI) pointers.

    The petition mentioned there was once no rational classification, nor intelligible differentia between new-born and untimely young children.

    The insurance coverage corporate adversarial the petition and mentioned the petitioner’s twins evolved headaches because of their untimely delivery and do not need passed off in a child born full-term.

    The bench, alternatively, refused to just accept this argument and mentioned the insurance coverage corporate’s rejection of the petitioner’s declare was once “opposite to regulation, unreasonable and arbitrary, and vulnerable to be put aside.”

    “The respect between a ‘new-born’ and a ‘untimely child’ or a child born ‘pre-term’ is baseless as a new-born child can also be one this is born ‘complete time period’ or ‘pre-term’.

    A complete time period child does now not turn out to be extra ‘more moderen’ to any extent further than a ‘pre-term’ child turns into an ‘previous born’ or, to make it much more pointed, ‘outdated born’, the court docket mentioned.

    The bench famous that it has taken the petitioner, a tender mom {and professional}, substantial trials and tribulations and the curler coaster litigation procedure to convey the topic to its logical conclusion.

    “The purpose of reposing religion within the insurance coverage corporate is pre-eminently to protect/supply in opposition to risks which beset human lifestyles and dealings, through agreeing to pay the honor within the type of premiums, as in keeping with the phrases of the coverage,” it mentioned.

    The court docket mentioned the petitioner didn’t also have the time to revel within the delivery of her dual young children and nurse them to well being when she confronted the “impolite surprise” of rejection of her reliable declare through the insurance coverage corporate.

    “The insurance coverage corporate can’t be approved to play rapid and unfastened with the religion reposed through the insured, and that too, supported through common renewals and bills of top class, through making an attempt to interpret clauses in its insurance policies, opposite to their true spirit and simplest so as to steer clear of honouring claims,” it mentioned.

    The bench mentioned it deemed it “have compatibility and correct, within the pursuits of justice” and directed the insurance coverage corporate to pay the girl an extra Rs 5 lakh as the price of litigation.

    The entire quantity would must be paid inside of a length of 4 weeks, the court docket mentioned.

    As in keeping with the plea, the girl had in 2007 taken two mediclaim insurance policies for Rs 20 lakhs from the New India Assurance Corporate that have been renewed periodically.

    In September 2018, the girl delivered dual child boys at 30 weeks’ gestation in an emergency Caesarean surgical treatment.

    The young children have been untimely and needed to be admitted to the NeoNatal Extensive Care Unit for life-saving remedy.

    After their discharge, the petitioner submitted a declare to the insurance coverage corporate and claimed Rs 11 lakh for the bills incurred through her.

    Alternatively, the corporate repudiated her claims.

  • Bombay HC permits dying row convict to wait daughter’s marriage ceremony

    By means of PTI

    MUMBAI: The Bombay Prime Courtroom on Monday authorised a person sentenced to dying for killing and eviscerating his mom in an under the influence of alcohol state with an goal to consume her to wait his daughter’s marriage ceremony for 3 days.

    A department bench of Justices A S Gadkari and P D Naik directed the government at Kolhapur prison, the place the person is lodged, to take him to his area from 9 am to six pm on 3 days – February 23 to February 25.

    The convict, Sunil Kuchkoravi, pronounced to blame via a Kolhapur periods courtroom within the 2021 homicide case along with his dying sentence looking ahead to affirmation, had sought brief bail for one week from the HC to wait the marriage.

    The courtroom mentioned whilst in capital punishment instances, the convicts aren’t entitled to brief bail or different reliefs like parole or furlough, it used to be vulnerable to permit the convict within the provide topic to be taken to his area for 3 days as his daughter used to be getting married.

    When the courtroom queried as to why dying sentence used to be imposed within the homicide case and if it used to be a brutal killing, Kuchkoravi’s attorney Yug Chaudhari mentioned the convict had in an under the influence of alcohol state killed his mom and got rid of her organs and saved them on a desk.

    When the courtroom sought to grasp the cause in the back of the crime, Chaudhari mentioned it used to be now not transparent. “We do not know the cause. Even his circle of relatives is stunned. He used to be a beautiful guy all of them say. Unblemished file. He used to have common complications so he used to eat liquor,” Chaudhari instructed the bench.

    The prosecution case used to be that Kuchkoravi killed his mom after which eviscerated her with an goal to consume her organs.

    Chaudhari on Monday identified that the convict comes from deficient monetary background and therefore cannot manage to pay for to pay escort fees incurred on police staff taking him to the marriage venue.

    The HC then exempted the convict from paying escort fees, and directed the competent authority of the Maharashtra govt to make the important bills to policemen who will escort him.

    “We’re permitting him to be taken out of jail for 3 days simplest as a result of it’s his daughter’s marriage ceremony.” the courtroom noticed.

    A periods pass judgement on in Kolhapur in south Maharashtra had convicted and sentenced Kuchkoravi to dying for offence of homicide in July 2021.

    The periods pass judgement on had then remarked the case falls within the class of “rarest of uncommon” because it shook the judgment of right and wrong of society.

    The state govt had filed a sentence affirmation plea sooner than the HC in 2021 itself.

    The affirmation plea used to be but to be heard.

    MUMBAI: The Bombay Prime Courtroom on Monday authorised a person sentenced to dying for killing and eviscerating his mom in an under the influence of alcohol state with an goal to consume her to wait his daughter’s marriage ceremony for 3 days.

    A department bench of Justices A S Gadkari and P D Naik directed the government at Kolhapur prison, the place the person is lodged, to take him to his area from 9 am to six pm on 3 days – February 23 to February 25.

    The convict, Sunil Kuchkoravi, pronounced to blame via a Kolhapur periods courtroom within the 2021 homicide case along with his dying sentence looking ahead to affirmation, had sought brief bail for one week from the HC to wait the marriage.

    The courtroom mentioned whilst in capital punishment instances, the convicts aren’t entitled to brief bail or different reliefs like parole or furlough, it used to be vulnerable to permit the convict within the provide topic to be taken to his area for 3 days as his daughter used to be getting married.

    When the courtroom queried as to why dying sentence used to be imposed within the homicide case and if it used to be a brutal killing, Kuchkoravi’s attorney Yug Chaudhari mentioned the convict had in an under the influence of alcohol state killed his mom and got rid of her organs and saved them on a desk.

    When the courtroom sought to grasp the cause in the back of the crime, Chaudhari mentioned it used to be now not transparent. “We do not know the cause. Even his circle of relatives is stunned. He used to be a beautiful guy all of them say. Unblemished file. He used to have common complications so he used to eat liquor,” Chaudhari instructed the bench.

    The prosecution case used to be that Kuchkoravi killed his mom after which eviscerated her with an goal to consume her organs.

    Chaudhari on Monday identified that the convict comes from deficient monetary background and therefore cannot manage to pay for to pay escort fees incurred on police staff taking him to the marriage venue.

    The HC then exempted the convict from paying escort fees, and directed the competent authority of the Maharashtra govt to make the important bills to policemen who will escort him.

    “We’re permitting him to be taken out of jail for 3 days simplest as a result of it’s his daughter’s marriage ceremony.” the courtroom noticed.

    A periods pass judgement on in Kolhapur in south Maharashtra had convicted and sentenced Kuchkoravi to dying for offence of homicide in July 2021.

    The periods pass judgement on had then remarked the case falls within the class of “rarest of uncommon” because it shook the judgment of right and wrong of society.

    The state govt had filed a sentence affirmation plea sooner than the HC in 2021 itself.

    The affirmation plea used to be but to be heard.

  • Bombay HC slams Maharashtra on posts for transgenders, says state executive in ‘deep shut eye’

    By way of PTI

    MUMBAI: The Bombay Prime Courtroom on Thursday rapped the Maharashtra govt for being in “deep shut eye” and “lagging at the back of” at the factor of constructing provision to create posts for transgenders underneath the house division.

    A department bench of Leader Justice Dipankar Datta and Justice Abhay Ahuja warned of halting all of the recruitment procedure if the federal government does now not relent and no less than stay two posts vacant for the 2 transgenders who had approached the Maharashtra Administrative Tribunal.

    The courtroom used to be listening to a petition filed by means of the Maharashtra govt in opposition to the tribunal’s order directing it to create a provision for transgenders within the utility shape for posts underneath the house division.

    The state govt, in its petition, had claimed it used to be “extraordinarily tricky” to put in force the tribunal’s route as no coverage relating to particular provisions for the recruitment of transgenders have been shaped as but.

    The bench famous the Splendid Courtroom, in 2014, directed all state governments to border a coverage to incorporate transgenders in all public posts.

    “For seven years, this govt is in deep shut eye. You (govt) do not carry out your purposes and aggrieved other people must then come to courts. When courts go orders then we’re accused of overreaching. The MAT has achieved the best factor,” Leader Justice Datta stated.

    The bench used to be knowledgeable by means of recommend Kranti L C that 11 state governments have already made provisions pursuant to the SC order.

    “Why must Maharashtra lag at the back of? We wish Maharashtra to additionally do it,” CJ Datta stated.

    “Call to mind progressing the society we’re in. We really feel if any individual is lagging at the back of, why mustn’t we come to their rescue. God has now not been sort to everyone. We wish to be sort,” CJ Datta stated.

    The bench then stated the federal government can’t have it each tactics.

    “You (govt) may not body the principles and you will not come with them (transgenders). Then halt all of the recruitment procedure. We can keep the method after which you’ll be pressured to border regulations,” the courtroom stated.

    Suggest Basic Ashutosh Kumbhakoni instructed the courtroom the federal government used to be now not in opposition to transgenders however used to be dealing with sensible and criminal difficulties.

    The bench directed Kumbhakoni to take directions from the federal government on whether or not it used to be keen to stay two posts vacant for the transgenders who approached MAT after which body regulations for long run recruitments. It then posted the topic for listening to on Friday.

    The MAT, on November 14, directed the state govt to create a 3rd choice for transgenders, after the 2 choices of female and male, within the utility shape for all recruitments underneath the house division.

    The tribunal had additionally stated the federal government must repair a standards for bodily requirements and checks for transgenders.

    MUMBAI: The Bombay Prime Courtroom on Thursday rapped the Maharashtra govt for being in “deep shut eye” and “lagging at the back of” at the factor of constructing provision to create posts for transgenders underneath the house division.

    A department bench of Leader Justice Dipankar Datta and Justice Abhay Ahuja warned of halting all of the recruitment procedure if the federal government does now not relent and no less than stay two posts vacant for the 2 transgenders who had approached the Maharashtra Administrative Tribunal.

    The courtroom used to be listening to a petition filed by means of the Maharashtra govt in opposition to the tribunal’s order directing it to create a provision for transgenders within the utility shape for posts underneath the house division.

    The state govt, in its petition, had claimed it used to be “extraordinarily tricky” to put in force the tribunal’s route as no coverage relating to particular provisions for the recruitment of transgenders have been shaped as but.

    The bench famous the Splendid Courtroom, in 2014, directed all state governments to border a coverage to incorporate transgenders in all public posts.

    “For seven years, this govt is in deep shut eye. You (govt) do not carry out your purposes and aggrieved other people must then come to courts. When courts go orders then we’re accused of overreaching. The MAT has achieved the best factor,” Leader Justice Datta stated.

    The bench used to be knowledgeable by means of recommend Kranti L C that 11 state governments have already made provisions pursuant to the SC order.

    “Why must Maharashtra lag at the back of? We wish Maharashtra to additionally do it,” CJ Datta stated.

    “Call to mind progressing the society we’re in. We really feel if any individual is lagging at the back of, why mustn’t we come to their rescue. God has now not been sort to everyone. We wish to be sort,” CJ Datta stated.

    The bench then stated the federal government can’t have it each tactics.

    “You (govt) may not body the principles and you will not come with them (transgenders). Then halt all of the recruitment procedure. We can keep the method after which you’ll be pressured to border regulations,” the courtroom stated.

    Suggest Basic Ashutosh Kumbhakoni instructed the courtroom the federal government used to be now not in opposition to transgenders however used to be dealing with sensible and criminal difficulties.

    The bench directed Kumbhakoni to take directions from the federal government on whether or not it used to be keen to stay two posts vacant for the transgenders who approached MAT after which body regulations for long run recruitments. It then posted the topic for listening to on Friday.

    The MAT, on November 14, directed the state govt to create a 3rd choice for transgenders, after the 2 choices of female and male, within the utility shape for all recruitments underneath the house division.

    The tribunal had additionally stated the federal government must repair a standards for bodily requirements and checks for transgenders.

  • Bombay HC refuses pressing keep on bail to Sanjay Raut; to listen to ED plea on Nov 10

    Through PTI

    MUMBAI: The Bombay Prime Courtroom on Wednesday refused to grant pressing keep at the bail granted to Shiv Sena MP Sanjay Raut through a decrease courtroom in an alleged cash laundering case registered through the Enforcement Directorate (ED).

    Declaring that it can’t go such an order with out listening to each the events, the top courtroom posted the subject for listening to on Thursday.

    A unique courtroom previous within the day granted bail to Raut and co-accused Pravin Raut whilst rejecting the ED’s request to stick the impact of the order until Friday.

    The Central company then moved the top courtroom and sought an meantime keep.

    Justice Bharati Dangre, on the other hand, refused to grant the sort of aid to the ED.

    “I’ve no longer even regarded on the order. I have no idea on what grounds bail has been granted. I have no idea on what grounds you (the ED) have challenged the order. How can I grant a keep now with out even listening to the events despite the fact that I’ve to make a prima facie order now,” she mentioned.

    READ HERE | Tiger is again, says Uddhav-led Sena faction as courtroom grants bail to MP Sanjay Raut

    The courtroom mentioned it could listen the central company’s utility searching for cancellation of the bail on Thursday.

    “If after listening to, I go an order cancelling the bail then the accused individuals can also be taken again in custody,” Justice Dangre added.

    The top courtroom additionally requested underneath what criminal provision it has the ability to stick an order of bail.

    Further Solicitor Common Anil Singh, showing for the ED, sought that the bail order be stayed until Thursday.

    To this, the courtroom mentioned there used to be no make it possible for listening to at the utility could be concluded in sooner or later.

    “The decrease courtroom took one month to listen to the bail pleas and go an order. You are expecting me to make a decision now? I are not looking for any injustice achieved to you (ED) or them (Sanjay Raut and Pravin Raut). While you come on cancellation of bail the powers of courtroom are restricted,” Justice Dangre mentioned.

    The pass judgement on additionally famous that the ED utility used to be filed underneath phase 439 (2) of the Code of Legal Process (cancellation of bail) and no longer underneath phase 482 (quashing of order).

    “Simplest underneath phase 482, the top courtroom has inherent powers to droop impact on bail orders,” the courtroom famous.

    Senior suggest Aabad Ponda, showing for Pravin Raut, hostile the ED’s utility.

    The accused weren’t going to escape in the event that they have been launched, he mentioned.

    “Some of the accused (Sanjay Raut) is a parliamentarian. The accused have roots in society. The decrease courtroom has imposed positive stipulations whilst granting bail. Nobody goes to run away,” Ponda mentioned.

    The ED arrested Sanjay Raut, a Rajya Sabha MP, on July 31 for his alleged function in monetary irregularities in reference to the redevelopment of the Patra Chawl tenement in suburban Goregaon.

    He’s lately in judicial custody and lodged at Arthur Street Prison in central Mumbai.

    MUMBAI: The Bombay Prime Courtroom on Wednesday refused to grant pressing keep at the bail granted to Shiv Sena MP Sanjay Raut through a decrease courtroom in an alleged cash laundering case registered through the Enforcement Directorate (ED).

    Declaring that it can’t go such an order with out listening to each the events, the top courtroom posted the subject for listening to on Thursday.

    A unique courtroom previous within the day granted bail to Raut and co-accused Pravin Raut whilst rejecting the ED’s request to stick the impact of the order until Friday.

    The Central company then moved the top courtroom and sought an meantime keep.

    Justice Bharati Dangre, on the other hand, refused to grant the sort of aid to the ED.

    “I’ve no longer even regarded on the order. I have no idea on what grounds bail has been granted. I have no idea on what grounds you (the ED) have challenged the order. How can I grant a keep now with out even listening to the events despite the fact that I’ve to make a prima facie order now,” she mentioned.

    READ HERE | Tiger is again, says Uddhav-led Sena faction as courtroom grants bail to MP Sanjay Raut

    The courtroom mentioned it could listen the central company’s utility searching for cancellation of the bail on Thursday.

    “If after listening to, I go an order cancelling the bail then the accused individuals can also be taken again in custody,” Justice Dangre added.

    The top courtroom additionally requested underneath what criminal provision it has the ability to stick an order of bail.

    Further Solicitor Common Anil Singh, showing for the ED, sought that the bail order be stayed until Thursday.

    To this, the courtroom mentioned there used to be no make it possible for listening to at the utility could be concluded in sooner or later.

    “The decrease courtroom took one month to listen to the bail pleas and go an order. You are expecting me to make a decision now? I are not looking for any injustice achieved to you (ED) or them (Sanjay Raut and Pravin Raut). While you come on cancellation of bail the powers of courtroom are restricted,” Justice Dangre mentioned.

    The pass judgement on additionally famous that the ED utility used to be filed underneath phase 439 (2) of the Code of Legal Process (cancellation of bail) and no longer underneath phase 482 (quashing of order).

    “Simplest underneath phase 482, the top courtroom has inherent powers to droop impact on bail orders,” the courtroom famous.

    Senior suggest Aabad Ponda, showing for Pravin Raut, hostile the ED’s utility.

    The accused weren’t going to escape in the event that they have been launched, he mentioned.

    “Some of the accused (Sanjay Raut) is a parliamentarian. The accused have roots in society. The decrease courtroom has imposed positive stipulations whilst granting bail. Nobody goes to run away,” Ponda mentioned.

    The ED arrested Sanjay Raut, a Rajya Sabha MP, on July 31 for his alleged function in monetary irregularities in reference to the redevelopment of the Patra Chawl tenement in suburban Goregaon.

    He’s lately in judicial custody and lodged at Arthur Street Prison in central Mumbai.