Posts tagged Bombay High Court
…defies order that says she cannot stay in former wife Sabah’s home
Subhash K Jha | TNN (BOMBAY TIMES; July 24, 2010)
The couple in the picture — the roly-poly Pakistani musician of Canadian nationality Adnan Sami and his fourth begum, the Munich-based Afghani technical engineer Roya Faryabi — look happily in love… but all is not calm and peaceful at home. The Family Court has ordered Roya not to stay in the plush apartment at Lokhandwala Complex that technically belongs to Adnan’s third wife Sabah Galadari — apparently, the flat was bought with her money, and Sabah discovered Roya was living there when she went to check up on her pet dogs that Adnan still looks after. The court order came in the wake of another complaint filed by Sabah against Adnan under the Protection of Women From Domestic Violence Act.
But, in what appears to be an act of love more than defiance, Roya is willing to bear the consequences rather than be separated from Adnan. She has no intention of moving out of the Lokhandwala apartment. No court would ask her to stay away from her husband, argues the woman who is a black belt in taekwondo, has five sisters trained in karate, and whose father is a retired army general! “I’ve been taught by my parents that wherever my husband stays is where I belong,” said the otherwise reticent Roya.
Adnan, too, said Roya is not going anywhere. “No one can ask any wife to leave her husband’s home. How would Sabah have liked if my first wife Zeba Bakhtiar asked her to leave,” asked Adnan who has challenged the Family Court order. Zeba is the Pakistani actress with whom he had his son Azaan, then divorced, and fought a long and bitter battle against in the courts of Dubai and Lahore for custody of the boy. Sabah of the UAE, he married twice, and she also fought Adnan tooth and nail in the Bombay High Court and Oshiwara police station, but this time for his five flats in Andheri and a hefty cash compensation.
Rape accused Bollywood actor reportedly disturbed by stares and hushed whispers
Aakanksha Naval Shetye | TNN (BOMBAY TIMES; June 22, 2010)
Decisions at the box-office are taken faster and more lightly than judgements are delivered in court… and so, Bollywood has decided it would be prudent to get rape accused Shiney Ahuja back to Mumbai to complete his horror film Shunya.
Shiney, you recall, is presently out on bail and been permitted by the Bombay High Court to shoot in Mumbai till June 30. Otherwise, he is to stay in Delhi and only enter city limits for hearings of his case. Producer and director Puja Bedi is relieved, and shooting for Shunya has resumed, with Shiney and former beauty queen Sayali Bhagat.
However, the shooting hasn’t been a smooth experience for the accused actor. Despite efforts by the cast and crew to make him feel comfortable on the sets, Shiney is met with stares and hushed whispers everywhere, and this disturbs him greatly. “He avoids looking at people and tries hard to mingle with the unit, but most often lands up returning to the vanity van as soon as his shot is done. He also maintains a safe distance from his co-stars, and though they do talk, there’s a certain awkwardness,” admits a unit hand.
The film is almost 80 per cent complete, most of it was shot in Lavasa, and the rest is being done in and around Mumbai. A schedule was just wrapped up in Lokhandwala and soon shooting will be taken up in Panvel. All precautions are taken to keep the media from getting a whiff of where Shiney is shooting. In fact, sometimes even the actors are informed at the last minute about the location of the shoot. Puja Bedi is determined to complete the film by June 25.
The beleaguered actor reportedly has five films in hand apart from Shunya including the Preity Zinta-starrer Harr Pall directed by Jahnu Barua, Chaaloo Movie, Take Two, Accident and The Migration. But the only other film that Shiney has shot for since he was released on bail, is Abhijeet Chowdhary’s Accident with Soha Ali Khan. However, there were reports that Soha refused to shoot several scenes with him. As for Sayali, she doesn’t want to set the wrong example by refusing to work with an actor just because he’s been accused of rape. But an insider reveals that her mother insists on being present on the sets!
The legacy of Kamaal Amrohi, who made films on epic proportions, is now stuff of a controversy, that could assume epic proportions, considering the worth of the spoils in question - a property and a business valued at over Rs 600 crore.
The legendary filmmaker’s three children - sons Shandar, Tazdar and daughter Rukhsar - have been embroiled in fierce battle in Bombay High Court.
Shandar had filed a case alleging Rukhsar and her son, Waseem, have fraudulently pledged his shares in Mahal Pictures Pvt Ltd (that owns the famous Kamaal Amrohi studio) to a company in Pune. On Friday the HC ordered that Rukhsar and her son maintain status quo.
The case opened a Pandora’s box which had the world waking up to a curious family squabble. Apart from the case in HC, the 66-year-old Shandar also approached Khar police on Wednesday to file a case of forgery against Rukhsar and Waseem.
While Shandar was struggling with the cops, he found support in actor Preity Zinta, his ‘adopted’ daughter. Zinta reached the police station, tweeting all day about how it’s been 10 days since she has been trying to register an FIR. In all this, Shandar had a staunch ally in his brother Tajdar and is all set to take the case to a logical end. Preity on her part is leaving no stone unturned to help him out. Interestingly, not long ago Shandar announced that he would bequeath all his property to the actor.
That Shandar has been playing father Christmas to the actress with whom he shared no blood ties came as a shock to many. But Shandar has his reasons.
“I noticed her in Dil Se and always felt that if I had a daughter she would be like Preity, bubbly and full of life. I watched a lot of her films and grew fond of her,” said Shandar speaking to Mumbai Mirror.
He added, “In 2005 when I was at a suburban five-star hotel, Preity walked in with her friends. My wife pointed out to me that - ‘look your daughter is here’ - and I walked up to her and spoke to her for the first time.”
However, he says that it was only in January 2010 that she suddenly called him up and sought permission to meet him at his residence. He also added he kept sending her tokens of affection in form of gifts as and when he could.
“It is a spiritual bond that I share with her. It is not easy to understand that. I am not a person who will position anyone as my daughter. It is hard to explain the way I feel about her,” he said.
|Shandar Amrohi; with Preity Zinta in the background (Pic: Satish Malvade)|
Shandar explained that there was something that compelled Preity to pay him a visit in January this year and that happened after she returned from a pilgrimage. “She is part of the family. She comes to our house regularly now. And I even expressed my desire that I wish to retire now as the director of Kamalistaan (Mahal Pictures Private Ltd.) and wish to settle someplace else. I told her that I want her to take over the position and do well in life. I am even preparing to make a will to this effect where I will give her everything that I have. Anyway, daughters have a right on everything,” he said.
Shandar also told Mumbai Mirror that this is a battle not for money but for justice and Preity is helping him fight it. Tazdar who is supporting his brother in the legal battle against sister Rukhsar told Mumbai Mirror outside the court premises that he is with his brother till the end. “Whoever is guilty will be brought to the book,” he said. When quizzed about Shandar’s association with Zinta, he said, “This is a fight for what is right and just. In our religion that is the biggest thing that one can stand for. You do not need to be a family member for that, she is fighting and supporting my brother for what is right. What is wrong in that?” he added.
Rukhsar, who is in London told Mumbai Mirror that she is reaching the city on Sunday and is ready to face the situation here. “I have full faith in the judiciary, now the court will only decide who is wrong and who is right. Since the case has now been committed to the court I will not comment on that,” she said. She added that she does not accept the association between her brother and the actor. “We are Shias and there is no concept of adoption in our personal law. We have never seen his daughter at his house and he has held no ceremony to inform us about this,” she said.
She said, “The first right is that of the family members, he had no right to pick up a stranger and introduce that person as a claimant in the family. This is not allowed in our law. Who is this person and where has she come from? He should have first spoken to the family and informed us about when the ‘adoption’ if at all happened and how?” she said.
Mahal Pictures Private Limited’s company lawyer, Rizwan Siddqui said that the family is creating a dispute unnecessarily when there is no provision in the memorandum of the company to sell the shares to an outsider before obtaining an NOC from the existing share holders. “In this case the share holders are family members. First right is theirs,” said Siddiqui.
It has also been learnt from reliable sources that Rukhsar has entered into an agreement to sell her shares with a renowned power broker, associated to political parties and is also having a construction business in Pune and was recently caught by the customs department for evasion of duty. However, Rukhsar maintains that her shares are still with her.
From the court
Shandar represented by senior counsel Navroje Seervai has charged the nephew, Waseem, son of his younger sister Rukhsar that he has fraudulently transferred his shares worth Rs 40 crore to a Pune-based company.
The nephew, denied the charge claiming that the shares were transferred legitimately and there was nothing wrong in the transaction. Arguing for him senior counsel Janak Dwarkadas, however, made a statement before the court that there would not be any further transaction with respect to the shares pledged with the company.
Shandar has named his younger brother Tazdar and sister Rukhsar as party respondents in the suit being heard by single judge bench of Justice Anoop Mohta. The three of them are on the board of directors of Mahal Pictures Pvt. Ltd., which has postponed its meeting of the board of directors scheduled to be held on March 9 in view of the court case. The high court has adjourned further hearing on Shandar’s plea till March 11.
Mumbai: The film-makers of Rann and an independent writer who dragged its producer and director to court over alleged breach of confidentiality and copyright of her original script may now be running towards a settlement just days before its scheduled January 29 release.
Somal Mehta, the writer had taken director Ram Gopal Verma and producer Sheetal Talwar to the Bombay high court, screaming that she had been cheated and deprived of confidential information and her copyright, infringed, by the Amitabh Bachchan-starrer Rann. She said her film was titled Success Story and later Break Ke Baad by the producers of Rann. V Tulzapurkar, her counsel, said his client’s knowledge and creative work was lifted to make the film Rann.
The HC judge who heard Mehta’s counsel suggested that both sides try and work out a settlement and adjourned till Wednesday for them to get back with a figure. When the judge asked if the parties could explore a settlement, both sides seemed to agree almost immediately.
For nearly 30 years, Colaba’s Mukesh Mills has been one of the most frequently used locations for feature films and advertisements - its deserted and somewhat dilapidated structures appealing especially to makers of horror flicks.
Now, the film fraternity has a different horror to face: The iconic mills will soon be redeveloped into a high-rise, residential-cum-commercial complex, which will include a five-star hotel.
The mills - spread over 40,000 square metres of prime seafront area – had closed down in 1980, and has been let out for dozens of shoots. However, the owners - TCI Limited - had bigger plans for land, but the redevelopment project had been in the pipeline for years due some legal complications.
In 2006, TCI had filed a writ petition in the Bombay High Court, after the Navy objected to the redevelopment, citing that the land came under the Coastal Regulation Zone (CRZ) where no new construction is allowed. The Defence Department had also said that any new development on the land could be a security hazard for their installations, which are in close proximity to the mills.
On June 15, 2009, however, the High Court passed an order stating that the Brihanmumbai Municipal Corporation (BMC) can approve the redevelopment proposal without seeking a No Objection Certificate from the Navy. Following this, TCI recently approached the BMC with a redevelopment proposal.
“We have now asked them to submit the detailed redevelopment proposal for the mill plot. We will follow the High Court order. Once we scrutinise the proposal, we will inform the court of our decision,” a senior civic official said.
While construction of the high-rise is imminent, it is yet to be decided how much FSI is to be granted for the project. According to the High Court order, the BMC’s final decision has to be cleared by the court.
“The redevelopment plans will be on the lines of a five-star hotel project on Charni Road. The BMC has recommended an FSI of 5 for the building, which is planned to be one of the tallest structures in the city. But the construction firm has asked for an FSI of 6.29 and the proposal is still pending before the government,” said a civic official.
Sunil Ambre, architect for the redevelopment project, was not available for a comment.
|Mukesh Mills closed down its operations in 1980 and soon became a favourite spot for shooting of feature films and ads|
Recent films shot at the mills
• Raaz - The Mystery Continues: starring Kangna Ranaut, Emraan Hashmi and Adhyayan Suman; produced by Mukesh Bhatt
• Acid Factory: starring Fardeen Khan, Irrfan Khan, Diya Mirza; directed by Suparn Verma
It was a major asset for many film-making aspects in one compound. Moreover, it was extremely easy to operate there. It’s a monumental loss for Bollywood - Film-maker Mahesh Bhatt
I have some memories of the place that I will never forget. It’s widely rumoured it is haunted. I remember there is a Peepal tree on top of a chimney on the premises.
While we were shooting for Ek Khiladi Ek Hasina, Fardeen (Khan) had told the entire crew that he would pay Rs 10,000 to anyone who had the guts to go near it, but no one dared! But hear-say apart, it’s very sad that the place will be brought down; it was a great location - Film-maker Rensil D’Silva
Swati Deshpande | TNN (THE TIMES OF INDIA; October 2, 2009)
Mumbai: Three-and-a-half months after he was arrested for allegedly raping his maid in his own bedroom, actor Shiney Ahuja won bail from the Bombay high court on Thursday after his lawyer argued that there were inconsistencies in the rape complaint. He was, however, asked to leave Mumbai and stay in Delhi until he is required for the trial.
The 36-year-old actor’s jail stay will not end for at least another day. As the court order and the subsequent paperwork was not complete by the end of office hours and thanks to the holiday for Gandhi Jayanti on Friday, Shiney will finally step of Arthur Road jail only on Saturday, said his lawyers.
Apart from setting a bail amount of Rs 50,000 and a surety of the same amount, Justice A P Deshpande said the actor should surrender his passport and warned him against offering inducement to witnesses, directly or indirectly, and tampering with evidence.
Swati Deshpande | TNN (THE TIMES OF INDIA; October 1, 2009)
The Bombay high court on Wednesday was hearing the bail plea of actor Shiney Ahuja who is accused of raping his domestic help. The court will pass its order on Friday.
Though the domestic help claimed to be raped between 3 pm and 5 pm, the records from the phone company showed that she was speaking on her cellphone between 3.15 pm and 3.45 pm, said Shiney’s lawyers Shirish Gupte and Srikant Shivade on Wednesday.
The fact that the girl only mentioned the word “atyachar (torture)’’ in her statement on oath before the magistrate and not “rape’’ was also discussed. Justice A P Deshpande asked for the dictionary meaning of atyachar and Gupte said it, in no way, meant rape. But public prosecutor Sangeeta Shinde said the 20-year-old domestic help’s FIR and medical evidence pointed at rape and that atyachar had to be construed in the context of the incident.
The judge found it strange that neither the girl’s nor Shiney’s clothes had semen or blood stains on them given that she had worn her clothes “immediately after the alleged forcible sexual intercourse’’. The defence also wanted to know how the police officer had access to lab reports of the maid’s vaginal swabs when the same documents were denied to Ahuja by the sessions judge.
When the judge asked why the police had not recorded any statement of the neighbours, the state’s lawyer said, “In these sophisticated housing societies, neighbours do not bother to interfere even if someone dies.’’ The judge said it was not true as it was a neighbour who took the maid to the police station to lodge a complaint.
Swati Deshpande I TNN (THE TIMES OF INDIA; September 10, 2009)
Mumbai: The Supreme Court on Wednesday allowed film producer Boney Kapoor to release his film Wanted (actor Prabhudeva’s directorial debut and a Salman Khan and Ayesha Takia-starrer) on its scheduled release date of September 18 against a deposit of Rs 2 crore in court within a week.
Kapoor had, through his lawyers Mukul Rohtagi and Ameet Naik, rushed to the apex court against a Bombay high court order directing him to furnish Rs 10 crore as security deposit in his dispute with B4U group. The high court had restrained Kapoor from creating third-party rights in respect of five films being produced by him, including Wanted. Taking the HC order to mean that Wanted would be left wanting a release, he moved the SC in appeal. The apex court clarified that he could release the film.
Kapoor had signed an MoU with a B4U company in September 2006 for a joint venture to produce films. As Kapoor was in a debt trap and the JV understanding was still being discussed, LMB (a B4U group company) executed an agreement in August 2007 and extended an advance of Rs 10 crore to acquire rights of Kapoor’s five films. But the price of the five films was not fixed and Kapoor said he and B4U were unable to reach any joint-venture understanding. Kapoor’s claim was that he had to produce films to get out of his debt trap and “in the absence of any funds from B4U, he joined hands with Sahara and produced Wanted’’.
Aggrieved at Kapoor’s act, B4U filed a petition in December 2008 after more than a year to secure its claim of Rs 10 crore. The HC in February dismissed the petition on the grounds of delay, but allowed B4U to move before a sole arbitrator, who also dismissed B4U’s petition. Against the arbitration, B4U filed an appeal in the HC and succeeded. The HC directed Kapoor to deposit Rs 10 crore and not create further assignments.
Senior counsel Ashok Desai appearing for B4U did not object to the film’s release, but wanted Rs 10 crore deposited. Kapoor said that since it was just one film’s release, Rs 2 crore would be appropriate at this stage. Kapoor’s petition will be heard on September 29.
Mumbai: Three months after B R Films’ Banda Yeh Bindaas Hai got embroiled in a court battle with 20th Century Fox, who claimed a copyright violation of its My Cousin Vinny, the Govinda-Lara Dutta-starrer is now set for a release. The two sides settled the matter on Wednesday. The Chopras and Fox signed consent terms and presented it before the Bombay high cout. The Chopras agreed to pay a substantial yet undisclosed amount to Fox.
THE TIMES OF INDIA (Aug 6, 2009)
Image Source: BOLLYWOOD HUNGAMA