Bombay High Court
Bombay High Court Quashes Reassessment Triggered On A Change Of Opinion As To The Calculation Of Tax Payable By The Assessee
The Bombay High Court has quashed the reassessment proceedings triggered by a change of opinion as to the calculation of tax payable by the assessee.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has found no substance in the AO’s reason to believe that income chargeable to tax has escaped assessment in so far as there is no mention of any tangible material that led to...
Infertile Couples Excluded From Opting For Surrogacy: Plea In Bombay High Court Challenges Notification Barring Use Of Donor Gametes
A writ petition before Bombay High Court challenges an amendment to the surrogate mother’s consent form under the Surrogacy (Regulation) Rules, 2022, which prevents couples from availing surrogacy using donor gametes.According to the petition, men and women who face complications related to fertility can never apply for surrogacy as donor gamete is barred by the amendment. Neither the...
Defamation | Defence Of Truth Must Extend To Entire Libel And Not Just A Part Of It: Bombay High Court
The Bombay High Court recently refused to quash a lawyer’s defamation complaint against Bombay Presidency Radio Club President Harish Kumar Garg for his remarks about a dispute regarding the election to the club's management committee held in 2018.Justice Amit Borkar refused to quash the complaint against Garg’s comments given to Mumbai Mirror, published on September 29, 2018, observing...
Bombay High Court Quashes C-Summary Report Filed In Alleged Bigamy Offence, Slams IO For Recording Victim's Second ‘Main’ Statement
The Bombay High Court recently quashed a C-Summary Report filed by the Investigating Officer before a Judicial Magistrate in a case wherein the allegations of the offence of Bigamy (Section 494 IPC) were involved.The bench of Justice PD Naik and Justice AS Gadkari also slammed the Investigating Officer for the recording of the second ‘main’ statement of the victim by terming the same to...
Onus Lies On AO To Provide Reasons To Disbelieve The Bank Statements And Supporting Documents For Reopening Assessment: Bombay High Court
The Bombay High Court has held that the onus lies on the AO to provide reasons to disbelieve the bank statements and supporting documents for reopening the assessment.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that the AO has acted in excess of the limit of his jurisdiction to reopen the assessment in the exercise of powers under Section 147 read with...
Department Adjusting The Refund Amount Under Amnesty Scheme Without Notice Violates Principles of Natural Justice: Bombay High Court
The Bombay High Court has held that the action of the department in making the adjustment of a refund due to the petitioner while considering the application under the Amnesty Scheme without notice to the petitioner is in utter disregard of the well-established principles of natural justice and has caused grave prejudice to the petitioner.The bench of Justice Nitin Jamdar and Justice Abhay...
Bombay High Court Orders Criminal Prosecution Of Trio For Producing Fake HC Order Before Small Causes Court
The Bombay High Court ordered criminal action against three individuals for producing fake High Court orders before the Small Causes Court in order to gain advantage in a dispute related to a property in Bandra.Justice Madhav Jamdar ordered action against Satish Sakla, Manisha More and Sagar Patil, who were plaintiffs before the Small Causes Court and submitted the forged documents along with...
Bombay High Court Weekly Round-up: May 1, 2023 To May 7, 2023
Nominal Index [Citation 223 - 240]Areeb Hasan Ansari Najeeb Hasan Ansari v. State of Maharashtra 2023 LiveLaw (Bom) 223Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd. 2023 LiveLaw (Bom) 224Arjun Amarjeet Rampal v. Union of India and Ors. 2023 LiveLaw (Bom) 225Sayli B Parkhi v. State of Maharashtra 2023 LiveLaw (Bom) 226M/s Bharti Telemedia Ltd. v. State of Goa 2023...
Bombay High Court Allows 78 Flat Purchasers To Complete Stalled Residential Project Through Self-Development
The Bombay High Court recently allowed 78 flat purchasers to complete construction of RNA Palazzo, a residential project in Kandivali West, Mumbai, which has been stalled for the past 11 years.Justice RI Chagla passed the order after the developer East and West Builders agreed to the appointment of court receiver and to let the flat purchasers' association complete the project.“Admittedly...
Advocates Should Prioritise Legal Aid Matters, Litigants Can't Be Deprived Quality Legal Services Due To Economic Capacity: Bombay High Court
Advocates should prioritise matters taken under Legal Aid Scheme even though other matters may pay more, the Bombay High Court recently stated.Justice Mahesh Sonak sitting at Goa remarked that the legal community and the judiciary owe this service to litigants who cannot afford an advocate.“Priorities have to be given by the Advocate to the matters under the Legal Aid Scheme, even though...
Bombay High Court Directs Meta Platforms To Remove Video Prima Facie Infringing Patanjali's "Mahakosh" Trademark
The Bombay High Court last week temporarily restrained Meta Platforms and Ashok Kumar (unknown persons) from circulating a video regarding Patanjali’s Mahakosh Refined Soyabean Oil on Meta's online platforms Facebook and WhatsApp during the pendency of Patanjali's trademark infringement suit.Justice Manish Pitale held that Patanjali made out a strong prima facie case that the video...
Bombay High Court Refuses Urgent Hearing To Republic TV In 100 Crore Trademark Infringement Suit Against Telugu Channel RTV News
Observing that Telangana based Rayadu Vision Media Limited was yet use a disputed logo on its channel, the Bombay High Court refused an urgent hearing to ARG Outlier Media Private Limited – owner of Republic TV - in a copyright infringement suit. Justice Manish Pitale posted the suit filed by ARG to June 5, 2023 with liberty to approach the High Court during the vacation in case of an...