Bombay High Court
If Truck Wasn't Carrying Hazardous Goods At Time Of Accident, Lack Of Endorsement On Driver's License Not Breach Of Insurance Policy: Bombay High Court
Merely because a gas company's name was written on a truck and it was used to transport gas cylinders does not mean that the truck was actually carrying gas cylinders at the time of the accident, the Bombay High Court observed. The court found breach of policy conditions could not be proved and thereby directed anthe insurance company to pay compensation to the family of deceased in a...
Director Proves Lack Of Control On Financial Affairs: Bombay High Court Quashes Income Tax Recovery
The Bombay High Court has quashed the income tax recovery against the Director of a company on the grounds that the Director has sufficiently discharged the burden cast upon him in terms of Section 179(1) of the Income Tax Act.The bench of Justice K.R. Shriram and Justice M.M. Sathaye has observed that the Director has brought on record material to show a lack of financial control, a lack...
'Complete Abdication Of Quasi-Judicial Function' By Trademark Registrar Rejecting Application Without Considering Submissions: Bombay High Court
The Bombay High Court recently came down heavily on Registrar of Trade Marks and the Senior Examiner for failing to consider submissions and pass reasoned orders before denying registration of trademarks, calling it a “complete abdication” of their quasi-judicial functions. A single bench of Justice Riyaz Chagla set aside an order of the Senior Examiner of Trade Mark’s refusing...
Bombay High Court Stays Bank Action After SC Rules Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As 'Fraud' Mandatory
Granting relief to certain borrowers in a batch of petitions, the Bombay High Court has stayed till September 11 the action taken by various banks after declaring their accounts as “fraudulent accounts” without prior notice and a hearing.A division bench of Justice GS Patel and Neela Gokhale relied on the Supreme Court’s order in State Bank of India & Ors v. Rajesh Agarwal &...
Bombay High Court Grants Bail To MCOCA Accused; Says No Independent Reasons By Prosecutor To Extend Custody, 'Word By Word' Copied From IO
The Bombay High Court recently pulled up a prosecutor attached to a Special MCOCA Court for copying the investigating officer's (IO) request for extension of time to file charge sheet in a case word-for-word in his own application for extension filed before the court.A division bench of Justice Bharat Deshpande and Justice Vinay Joshi sitting at Nagpur while granting bail to a...
Bombay High Court Directs State To Allow E-Complaints For Illegal Animal Slaughter
The Bombay High Court has directed the Brihanmumbai Municipal Corporation to prominently display its policy regarding animal sacrifice during religious ceremonies, as well as the e-mail address and toll-free numbers for complaints on its website, atleast during festivals where such animals’ sacrifice/slaughtering takes place.The division bench of acting Chief Justice Nitin Jamdar and...
Bombay High Court Restores Case Against Marathi Preacher Who Advised Couples To Have Sex On Even Dates To Conceive Male Child
Religious discourse on techniques to conceive and identify a male foetus prima facie is an offence under the anti-sex determination PCPNDT Act, the Bombay High Court has held while refusing to quash a case against Marathi preacher (kirtankar) Nivrutti Kashinath Deshmukh (Indorikar). Deshmukh allegedly asked couples to perform sexual intercourse on even days for a male child.Justice Kishore...
Excise Commissioner Is Duty Bound To Cancel Liquor Licence On The Application Of Legal Heirs Of The Deceased: Bombay High Court
The Bombay High Court, Goa Bench has held that when the legal heirs of the deceased license holder applied for cancellation, the excise commissioner was duty-bound to cancel it.The bench of Justice Bharat P. Deshpande has observed that the transfer of liquor licenses is at the discretion of the concerned authority.The petitioner challenged the order passed by the Commissioner of Excise,...
Mere Filing Of S. 7 Application Under IBC Does Not Bar Application For Appointment Of Arbitrator: Bombay High Court
The Bombay High Court has ruled that mere filing of an application under Section 7(1) of the Insolvency and Bankruptcy Code, 2016 (IBC) is not enough to invoke the bar of Section 238 of the Code. Thus, the same would not bar the court from entertaining an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (A&C Act) for appointment of Arbitrator, the court said....
Bombay High Court Orders Inspection Of Taloja Prison After Plea Claims Inmates Get Only 1.5 Buckets Water
The Bombay High Court has directed the Secretary, District Legal Services Authority to inspect Taloja Central Prison premises to ascertain if there is proper water supply following allegations that inmates were forced to manage with just 1.5 buckets of water each day.One of the largest prisons in India, Taloja Central Prison has a capacity of 2,124 inmates.Justices Revati Mohite Dere and...
Assessing Officer Has No Jurisdiction To Reopen Assessment If Dispute Is Settled Under Kar Vivad Samadhan Scheme: Bombay High Court
The Bombay High Court has held that there is no jurisdiction for an assessing officer to reopen an assessment if a dispute is settled under the Kar Vivad Samadhan Scheme (KVSS).The bench of Justice K. R. Shriram and Justice M. M. Sathaye has observed that upon a declaration being made, tax arrears being determined, and paid, and a certificate issued under the KVSS, there is no jurisdiction...
“We Have Not Stayed Adoptions”: Bombay High Court Clarifies, Court To Continue Hearing Matters
The Bombay High Court clarified on Friday that it hadn’t stalled any adoptions and all procedures should continue as they were before the Juvenile Justice (Care and Protection of Children) Amendment 2021.A division bench of Justice GS Patel and Neela Gokhale made the clarification in view of news reports that adoptions had come to a standstill following its order in January 2023.“We...