Bombay High Court raps auto drivers, refuses to entertain plea against bike taxis
The state government had recently notified the Maharashtra Bike-Taxi Rules, 2025, on July 4, paving the way for regulated operations of app-based bike taxis, subject to licensing, safety, and operational compliance.While the petitioners claimed they were merely seeking enforcement of the rules against unlicensed vehicles, the bench was unpersuaded. 'Everyone has seen the high-handedness of autorickshaw and taxi drivers. That is why people prefer alternatives. Try catching a rickshaw during monsoon,' the bench said.Further, the judges pointed out the irony in the petitioners' argument about rule enforcement. 'This will stop only when you stop refusing to take people. We have seen on the streets how taxi and rickshaw drivers treat customers — their language, tone, and high-handedness. Each one of us has faced this.'Criticising the perceived entitlement of traditional transport operators, the bench added, 'Tomorrow you will say even the metro should not start. It is because of the high-handedness of the 'kali peelis' (local way of calling taxis in Mumbai) that Ola and Uber started picking up.'The court also called out the practice of rickshaw drivers allegedly forming informal cartels — refusing passengers and preventing others from taking them either.Ultimately, with the bench indicating it would dismiss the petition, the petitioners chose to withdraw it.- EndsMust Watch
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Indian Express
a few seconds ago
- Indian Express
HC ‘unwillingly' grants 3-week extension to vacate top 18 floors lacking OC of Tardeo highrise
The Bombay High Court on Wednesday 'unwillingly' and on 'humanitarian considerations' granted three more weeks to occupants of the top 18 floors of a 34-storey highrise in Tardeo, south Mumbai — that did not have occupation certificates (OC) — from vacating their premises, at their own risk and face consequences in event of any untoward incident. The court clarified that occupants of floors 17 to 34 of the Willingdon View Cooperative Housing Society tower will have to give an undertaking in that regard within two days, failing which Brihanmumbai Municipal Corporation (BMC) can take action and seal their flats at the cost of occupants failing to file an undertaking before the court. A bench of Justices Girish S Kulkarni and Arif S Doctor was hearing pleas pertaining to the highrise occupied by 50 flat purchasers of a total of 62 flats. The society in its interim application had sought more time to vacate the flats from the 17th floor to the 34th. This comes after the Supreme Court on August 1 dismissed a special leave petition (SLP) by the society that challenged a Bombay HC order from last month that directed 'selfish' residents occupying the top 18 floors and without OCs to vacate their premises within two weeks, the period of which was to expire on August 2. The bench led by Justice Kulkarni had last month clarified that members residing from floors 17 to 34 'would be entitled to occupy the tenements, only after OC is granted.' The bench had also raised concerns over no fire NOC to the entire highrise. The court had pulled up occupants of the tower for 'brazen illegalities' for years and being 'least bothered' about their own and others' lives and had said it cannot permit perpetuating illegalities as the same was deprecated. The bench had said the said occupants were earlier told to make alternate arrangements. The SC bench led by Justice J B Pardiwalla on August 1 had appreciated 'courage and conviction exhibited by the High Court in taking stern steps against such unauthorised constructions'. The SC had asked petitioners to approach HC in case they wanted some more time to vacate the premises. Senior advocate Dinyar Madon for the society claimed that it was difficult for 27 families occupying 18 floors to find alternate accommodation on leave and licenses basis within a short span, therefore the time be extended. 'We were hopeful about SC… There are difficulties. 50 percent of these people belong to the Jain community and Paryushan and Ganesh Utsav will start soon. There are school going children. Getting alternate accommodation for 27 families in short time is difficult,' Madon argued. 'We never had an inclination from the beginning. Everyday we are perpetuating illegality (by continuing occupation) and it cannot happen. You are making a mercy plea that you may be permitted to occupy for more time in the teeth of the law,' the judges orally remarked. 'In the facts and circumstances, we are not inclined to accept prayer (seeking extension of 12 weeks). However, only on humanitarian consideration and quite unwillingly we grant further extension of 3 weeks (from August 6) to the occupants of 17 to 34 floors to vacate their respective tenements and undertaking to that effect be placed before this court within 2 days, ' the HC recorded in its order The court permitted concerned families to occupy the flats for three more weeks at their own risk and disposed of the society's application. The HC said that it will consider the issues related to floors 1 to 16 having part-OC without fire approval during the next hearing on August 13.
Hindustan Times
an hour ago
- Hindustan Times
Supreme Court mandates compensation for accidents during office commute
The Supreme Court has ruled that employees and their families will be entitled to compensation under the Employees' Compensation Act, 1923, not just for accidents occurring during the course of work but also for mishaps while commuting to and from their place of employment. The Supreme Court judgment came in a case involving Shahu Sampatrao Jadhavar, a watchman at a sugar factory in Maharashtra.(Vipin Kumar/ Hindustan Times) In a significant verdict broadening the scope of workers' rights and social welfare protection, a bench of Justices Manoj Misra and KV Viswanathan interpreted the phrase 'accident arising out of and in the course of employment' in Section 3 of EC Act to include commuting accidents, provided a clear nexus is established between the time, place and circumstances of the accident and the employment. This liberal interpretation, authored by Justice Viswanathan and delivered in a case involving the death of a sugar factory watchman on his way to work, is a progressive step in expanding the social security framework for millions of workers across India, especially those not covered under the Employees' State Insurance (ESI) scheme. 'We interpret the phrase 'accident arising out of and in the course of employment' under Section 3 of the EC Act to include accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty,' the court said in its July 28 ruling. It clarified that the benefit of this interpretation is contingent on showing a clear nexus between the time, place and circumstances of the accident and the employment. That is, if a worker meets with an accident during a routine and timely commute to or from the workplace, it may qualify as employment-related for compensation purposes. The judgment came in a case involving Shahu Sampatrao Jadhavar, who worked as a watchman at a sugar factory in Maharashtra. His shift on April 22, 2003, was scheduled from 3 AM to 11 AM. While commuting to work in the early hours, his motorcycle met with a fatal accident around 5 km from the factory. He left behind his widow, four children, and his mother. A claim under EC Act was allowed by the commissioner for workmen's compensation and civil judge, Osmanabad, who awarded ₹3,26,140 as compensation along with 12% annual interest, and also directed the employer to pay 50% of the amount as penalty. The employer's insurance company was held liable to pay the compensation. However, the Bombay High Court reversed the award, holding that since the accident occurred outside the precincts of the factory, it could not be said to have arisen out of employment. Setting aside the high court's ruling, the top court restored the commissioner's award and reaffirmed that the commute to work can form an integral part of employment under EC Act if the contextual nexus is established. The court drew from Section 51E of ESI Act, which was introduced in 2010 and explicitly provides that commuting accidents, if there is a connection between the circumstances, time and place, are deemed to have occurred in the course of employment. While EC Act does not have such a specific provision, the top court held that since both statutes are beneficial legislation aimed at social welfare and worker protection, they are 'statutes in pari materia' (dealing with the same subject matter). Hence, the interpretation under one can inform the other. 'Both the EC Act and the ESI Act seek to ameliorate the conditions of workmen and provide them social security benefits,' stated the judgment, noting that EC Act applied to all other employers and employees not covered under ESI scheme. The court cited its own 2016 ruling in Jaya Biswal Vs IFFCO Tokio General Insurance Co to reaffirm that EC Act is a social welfare legislation, meant to secure minimum protection and compensation for workers, with reduced legal formality and regardless of fault.
The Print
an hour ago
- The Print
Row over BJP ex-spokesperson's nomination as Bombay HC judge reaches Parliament. Who is Aarti Sathe
A day after the collegium's decision, Trinalmool Congress Rajya Sabha MP Saket Gokhale posted on X: 'Supreme Court collegium has recommended the name of lawyer Aarti Sathe for elevation as a judge of the Bombay High Court. Just curious because there's an Adv Aarti Sathe who has been a spokesperson of Maharashtra BJP.' On 28 July, the Supreme Court Collegium approved the appointment of Aarti Arun Sathe, once a Maharashtra BJP spokesperson, as a high court judge, which sparked a row as the Opposition raised concerns over whether she would be impartial as a judge. Mumbai: The controversial nomination of an advocate for judgeship at the Bombay High Court has now reached Parliament, with Congress MP Hibi Eden moving an adjournment motion to discuss the matter in the Lok Sabha. Supreme Court collegium has recommended the name of lawyer Aarti Sathe for elevation as a judge of the Bombay High Court. Just curious because there's an Adv Aarti Sathe who has been a spokesperson of Maharashtra BJP. Legal fraternity – same person or just similar names? — Saket Gokhale MP (@SaketGokhale) July 29, 2025 Earlier this week, others in the Opposition in Maharashtra began voicing their concerns. Nationalist Congress Party (Sharad Pawar) MLA Rohit Pawar wrote on X: 'The appointment of a person who advocates for the ruling party from a public platform as a judge is the greatest blow to democracy. The judge is a highly responsible position which should be impartial. When someone is appointed as judge from the ruling party, it raises a serious question mark on neutral position and also democratic process…' The Bharatiya Janata Party, however, clarified that the allegations are unfounded, and that her appointment is based on merit. Keshav Upadhye, chief spokesperson of Maharashtra BJP, said she had resigned from the party a year and half ago. 'She now has no connection with the BJP. The Congress party and Rohit Pawar are criticising her recommendation, which was made as per the decision of the judges' Collegium,' he posted on X. After resigning from the BJP, Aarti Sathe was recommended as a judge of the High Court after one and a half years. She now has no connection with the BJP. The Congress party and Rohit Pawar are criticizing her recommendation , which was made as per the decision of the judges'… — Keshav Upadhye (@keshavupadhye) August 5, 2025 Congress's state unit president Harshwardhan Sapkal also questioned Sathe's nomination. 'Democracy and the Constitution have been systematically sidelined in the country since 2014,' he said. 'All autonomous institutions are operating under government directives, even the Election Commission of India. But the most serious and worrying development is within the judiciary itself.' ThePrint attempted to reach Sathe via call, but she declined to comment on the matter. Also Read: Come to Maharashtra & speak—3 women MPs hold Nishikant Dubey to task over 'patak ke marenge' remark Who is Aarti Sathe? Sathe was affiliated with BJP Mumbai, and was appointed as a spokesperson in 2023. She was previously made a panelist for media interactions in 2020. She was also the head of the party's Legal cell. However, she had resigned from the position on 6 January, 2024, and also from the party's primary membership that year. 'I wish to be relieved from the responsibility as the head-legal cell BJP Mumbai for personal and professional reasons,' she had written in a letter addressed to Mumbai BJP chief Ashish Shelar, a copy of which is with ThePrint. Sathe has been a lawyer for the last 20 years, and has mainly dealt with matters linked to direct and indirect taxes, along with issues related to Securities and Exchange Board of India (SEBI) and Securities Appellate Tribunal (SAT) before the Bombay High Court. As party spokesperson, she often appeared in media debates on issues related to Mumbai. In debates on television news channels, she regularly spoke about the alleged mismanagement in the BMC (Brihanmumbai Municipal Corporation), the condition of dilapidated buildings in the city, or the condition of roads. Back in 2016, in a conversation with Mirror Now, she had defended demonetisation, saying that it would help clean up the corruption in BMC and MHADA (Maharashtra Housing and Area Development Authority). She had also spoken against the Maha Vikas Aghadi government in 2021 when Shah Rukh Khan's son Aryan Khan had been arrested in a drug bust, accusing the then cabinet minister Nawab Malik of the undivided NCP of trying to influence the case. Referring to such statements by Sathe in the past, Rohit Pawar told media persons Wednesday, 'She has in the past taken the side of one party vociferously. So we want to request the Supreme Court Collegium to stop this proposal. We don't have doubt over her merit or capability. But looking at the current political scenario, question arises if common people will get justice? We as Opposition continuously speak against the government, so if our case goes in front of this judge, will we get justice?' Arun Sathe's BJP-RSS link Much like the current row, a similar controversy had erupted back in 2015, when Sathe's father, Arun Sathe, who is also the brother of former Lok Sabha speaker Sumitra Mahajan, was appointed to the board of market regulator SEBI as a part-time member. Arun Sathe is also a lawyer, and has been a BJP worker with RSS background. He was a national executive member of the partyBJP, and held various positions in the student wing, ABVP. However, he had said at the time that he had been nominated by the finance ministry, and would do his job judiciously. '…I understand the differences between politics and market issues. As a lawyer, I will have views independent of biases,' he had told Business Standard in 2015. He had also said that he had been connected with the Rashtriya Swayamsevak Sangh since childhood, and had been a part of the party since its Jan Sangh days. In 1989, he had tried to contest Lok Sabha polls from the Mumbai North West constituency against Congress's Sunil Dutt, but had lost. (Edited by Mannat Chugh) Also Read: Farmers' crosshairs to 'rummy' row, NCP's Kokate loses agri ministry after string of controversies
