Citations: 2024 LiveLaw (Bom) 466 To 2024 LiveLaw (Bom) 477

Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466

Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467

Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468

Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469

Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw (Bom) 470

Narsingrao Udgirkar vs Shivaji Kalge, 2024 LiveLaw (Bom) 471

Rahul Lahase vs State of Maharashtra, 2024 LiveLaw (Bom) 472

L vs State of Goa, 2024 LiveLaw (Bom) 473

Uttam Value Steels Ltd. versus Assistant Commissioner of Income Tax and Ors, 2024 LiveLaw (Bom) 474

Mitesh Punmiya vs State of Maharashtra, 2024 LiveLaw (Bom) 475

Ramesh Gopnur vs State of Maharashtra, 2024 LiveLaw (Bom) 476

Syed Naeemuddin & ors. vs. The State of Maharashtra & anr., 2024 LiveLaw (Bom) 477

Judgments/Final Orders:

KYC Not Done By Purchasing Party Is Not A New Fact To Reopen Proceedings: Bombay High Court Declines Reassessment

Case Title: Sete Mares Global Forex Private Limited v. Union of India

Citation: 2024 LiveLaw (Bom) 466

The Bombay High Court quashes reopening notice issued under Section 148 of the Income Tax Act, 1961 while emphasizing that unauthorized transactions are made without requisite KYC of the purchasing party cannot be said to be a fresh fact which has come to light which was not previously disclosed which tends to expose the untruthfulness of the fact.

The Division Bench of Justices M.S. Karnik and Valmiki Menezes observed that “Assessing Officer has no power to review; he has the power to reassess. But reassessment has to be based on the fulfilment of certain precondition and if the concept of “change of opinion” is removed, then, in the garb of reopening the assessment, review would take place.”

Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High Court

Case Title: Mahesh Motiram Kumbhar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 467

Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai,

Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations of constructing a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional Town Planning (MRTP) Act.

Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court

Case Title: Nandkishor Sahu vs Sanjeevani Patil 

Citation: 2024 LiveLaw (Bom) 468

The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.

Single-judge Justice RM Joshi on August 29 quashed the December 2022 order of a Tribunal, which cancelled the 'gift deed' executed by a 73-year-old woman in favour of her elder daughter and husband, thereby, gifting two of her flats in Kolhapur to the elder daughter and husband. It noted that the senior citizen woman had made allegations that her elder daughter and her husband failed to keep their promise of maintaining her and deprived her of the basic physical need and other amenities.

Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners

Case Title: Miss XYZ vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 469

The Bombay High Court expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'

Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale has decided to determine some mechanism to facilitate involvement, accountability and participation of the man or the partner of such women, in these 'testing times.'

"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl

Case Title: Dilkhush Shrigiriwar vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 470

Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.

Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped the victim having mental disability (90 per cent). The judge, noted that the accused, who is the neighbour of the victim took undue advantage of the situation.

Error Of Scrutiny Committee Validating Caste Certificate Can't Be Challenged In Election Petition: Bombay HC Dismisses Plea Against Congress MP

Case Title: Narsingrao Udgirkar vs Shivaji Kalge 

Citation: 2024 LiveLaw (Bom) 471

The Bombay High Court bench at Aurangabad on Tuesday dismissed an election petition challenging the election of Congress leader Shivaji Kalge to the 18th Lok Sabha, from Latur constituency in Maharashtra.

Single-judge Justice Arun Pednekar noted that the petitioner failed to prove its case as Kalge successfully established that he belonged to the SC category by submitting a 'caste validity certificate' issued by the District Caste Scrutiny Committee.

It went on to hold that merely alleging fraud in obtaining judgment of the Caste Scrutiny Committee granting validity to the caste certificate of the returned candidate is not sufficient as,

"No Girl Would Accompany An Unknown Boy To A Hotel Room On Their First Meeting": Bombay High Court Acquits Man Booked For Rape

Case Title: Rahul Lahase vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 472

The Nagpur bench of the Bombay High Court while acquitting a man convicted for raping a girl, observed that no prudent girl would ever go to a hotel room on her very first meeting with an unknown boy as the same would send "alarming" signals to the girl about the boy.

Single-judge Justice Govind Sanap refused to believe the version of the victim in a rape case, wherein the girl claimed to have met the convict through Facebook and thereafter started chatting and communicating with each other on the phone.

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship

Case Title: L vs State of Goa

Citation: 2024 LiveLaw (Bom) 473

The Bombay High Court while quashing a First Information of Report (FIR) lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.

A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the case had stated that she met the petitioner musician at a music fest in Panaji in October 2023. Since then the duo became good friends and continued chatting on social media platform -Instagram.

Past Tax Claims Against Corporate Debtor Stands Extinguished Consequent To Approval Of Resolution Plan Under IBC: Bombay HC

Case Title: Uttam Value Steels Ltd. versus Assistant Commissioner of Income Tax and Ors

Citation: 2024 LiveLaw (Bom) 474

Since upon the completion of Corporate Insolvency Resolution Process (CIRP), the Assessee has changed hands and commenced under a new ownership and management, the Bombay High Court held that tax proceedings pertain to period prior to the CIRP, and consequent to the approval of the resolution plan, the tax proceedings stand extinguished.

The Division Bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan observed that “provisions outlined in Section 31(1) of the Insolvency and Bankruptcy Code (IBC) stipulates that approval of resolution plan by the adjudicating authority is binding on Central Government and its agencies in respect of any statutory dues arising under any law for the time being in force, thus binding tax authorities and their enforcement actions”.

Customer In A Bar Encouraging Women To Dance In Obscene Manner Cannot Be Booked U/S 294 IPC: Bombay High Court

Case Title: Mitesh Punmiya vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 475

The Bombay High Court on Tuesday (September 10) while quashing a First Information Report (FIR) lodged against a man under Section 294 IPC (Obscene acts and songs) noted that he was only shown to be 'encouraging' the women in the bar to dance in an 'obscene' manner.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale held that the mere 'encouraging' of women in the dance bar to dance in an obscene manner, will not attract provisions of section 294 of the Indian Penal Code (IPC). The bench said that in order to attract the ingredients of the offence punishable under section 294, it is necessary that, the accused person indulges in doing any obscene act in a public place or singing, reciting or uttering any obscene song in or near a public place.

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Case Title: Ramesh Gopnur vs State of Maharashtra

Citation: 2024 LiveLaw (Bom) 476

The Bombay High Court on Wednesday (September 11) upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and sentenced him to life imprisonment under provisions of the Indian Penal Code (IPC) and the relevant provisions of the Protection Of Children from Sexual Offences (POCSO) Act.

Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC

Case title: Syed Naeemuddin & ors. vs. The State of Maharashtra & anr.

Citation: 2024 LiveLaw (Bom) 477

The Aurangabad Bench of the Bombay High Court has observed that the officers appointed by a government authority to detect and assess theft of electricity under the Electricity Act, 2003 are 'public servants' under Section 169 of the Act and thus a previous sanction of a concerned authority as provided in Section 197 CrPC is necessary before issuing process against such officers.

A single judge bench of Justice S.G. Mehare observed that “The appropriate government or the MSEB Board has authorized the Junior Engineer and linemen to find out the theft of the electricity. Since the persons who were authorized to detect the theft of the electricity and to provisionally assess the amount of theft, it can be accepted that such persons are covered under Section 169 of the Electricity Act, 2003.”

Other orders/Observations:

Bombay High Court Declines Urgent Hearing Of PIL Seeking Ban On Use Of DJ, Beam Lights During Eid-e-Milad

The Bombay High Court on Tuesday refused to grant an urgent hearing to a Public Interest Litigation (PIL) petition seeking a complete ban on the use of DJ and beam lights during the celebrations of the upcoming Eid-e-Milad celebrations.

Four residents of Pune City have petitioned the High Court seeking a complete ban on use of DJ and beam lights claiming that the Muslim youth cannot dance to the tunes of DJ during Eid-e-Milad as the same hurts the religious sentiments of the community.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar refused to urgently hear the matter as requested by the counsel representing the petitioners in view of the fact that the Eid-e-Milad will be observed on Monday (September 16).

Bombay High Court Flags "Fake Calls" Made In Name Of Judges; Cautions Citizens

Just a few days after the Supreme Court came across a social media handle impersonating Chief Justice of India Dhananjay Chandrachud and seeking Rs 500, the Bombay High Court too has flagged a similar issue wherein citizens are getting "fake calls" in the name of the judges of the High Court and the scamsters are demanding money.

The High Court Administration learnt about such instances of fake calls being made to citizens impersonating judges of the HC and also as Judicial Officers and money being demanded through such calls and messages or links etc. The HC admin through Registrar General flagged the issue by cautioning the citizens not to fall prey to such calls or messages and rather report the same to the nearest police station.

Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks

If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale expressed anguish over the manner in which crimes against women and children were being probed with no sensitivity and seriousness, which benefits the accused, who gets an acquittal due to the improper investigations on the part of the police.

Dermatologists Move Bombay High Court Seeking Action Against Dentists Performing Aesthetic And Hair Transplant Surgeries

A Public Interest Litigation (PIL) petition has been filed in the Bombay High Court seeking action against the Oral and Maxillofacial Surgeons, who are continuing to perform the Aesthetic and Hair Transplant surgery despite not being 'qualified' for the same.

The petitioners - Dynamic Dermatologist and Hair Transplant Association moved a PIL petition challenging the guidelines issued by the Dental Council of India (DCI) on December 6, 2022, permitting the Oral and Maxillofacial Surgeons who are basically Dental Practitioners, across the country to practice Aesthetic and Hair Transplant surgery.

The PIL came up for hearing before a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, who have sought some clarifications on whether the National Dental Commission of India (NDCI) is in place as provided under the newly introduced National Dental Commission Act, 2023. The bench indicated that it will implead the NDCI as a respondent to the instant petition.