Bombay High Court
Incorrect To Say Vishalgadh Violence Was 'State-Sponsored' Violence: Maharashtra Govt Tells Bombay High Court
In a bid to defend itself from the criticism following the communal violence at the Vishalgadh Fort area in Kolhapur and the subsequent demolition drive to pull down allegedly 'illegal' structures of a particular community, the Maharashtra Government on Friday denied all the allegations made against it and told the Bombay High Court in clear terms that whatever violence took place was "not...
Child Cannot Be Left 'Stateless'; Even If Parents Give Up Indian Citizenship, Child Will Continue To Be Citizen: Bombay High Court
The Bombay High Court bench at Goa on Wednesday (August 28) held that a child cannot be denied Indian citizenship just because s/he lives with a single parent, who too is a foreign national.A division bench of Justices Makarand Karnik and Valmiki SA Menezes said a parent giving up Indian citizenship would not affect the citizenship status of the child, who got Indian citizenship by virtue...
Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, which granted custody of two minor boys of...
Collapse Of Shivaji Maharaj Statue Brought 'International Shame' To India: PIL In Bombay High Court Seeks FIR Against PWD Engineers
A former journalist has approached the Bombay High Court seeking registration of First Information Report (FIR) against the engineers of the Public Works Department (PWD) of the Maharashtra government's Malwan Division, over the sudden collapse of the 40-feet grand statue of Chhatrapati Shivaji Maharaj at Sindhudurg district.Unveiled by Prime Minister Narendra Modi in the presence of...
No Law Prohibits Grant Of Temporary Permission To Ganesh Mandals For Erecting Pandals: Bombay High Court
The Bombay High Court has dismissed an application that challenged the decision of State authorities to grant temporary permission for erecting Ganesh pandals in an open area of land in Andheri, Mumbai. The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar noted that the land has been allocated temporarily for the Ganesh Chaturthi festival and that the pandals...
"Undermined Integrity Of Electoral Process": Bombay HC Denies Pre-Arrest Bail To Man Who Attempted To Replace Actual Candidate In Lok Sabha Polls
Observing that his act "undermined the integrity of electoral process and democracy" the Bombay High Court last week rejected the anticipatory bail application filed by a man, who allegedly cheated the Vanchit Bahujan Aghadi (VBA) party and filled in his own nomination form instead of the party's official candidate.Single-judge Justice Rajesh Laddha dismissed the bail application filed by...
Bombay HC Asks State To Explain Why It Waived Off Arrears Of Rs 14.8 Crores Owed By Organisers For Police Protection Provided During IPL
The Bombay High Court on Thursday criticised the Maharashtra Government for waiving Rs. 14.8 crores in arrears owed by the Indian Premier League (IPL) organisers for police protection provided during IPL matches, since 2011. A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar pulled up the State for its decision, orally observing, "You will keep increasing...
Paryushan Parva: Bombay High Court Orders Civic Bodies To Decide Whether Animal Slaughter, Sale Of Meat Can Be Temporarily Banned
The Bombay High Court on Thursday ordered all the municipal corporations in Maharashtra to urgently decide the representations made by various Charitable Trusts of the Jain community seeking a temporary ban on the slaughtering of animals and sale of meat in view of the community's "Paryushan Parva."A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar heard a...
Failure TO Disclose All Material Facts Fully & Truly During Original Assessment Is Vital For Invoking Jurisdiction U/s 147: Bombay HC
The Bombay High Court recently clarified that it is not open to the Revenue to initiate reassessment on the premise that it can simply form a belief supported by its own reasons, thereby ignoring the explicit formulation of the jurisdiction within which reassessment may be initiated. The High Court therefore quashes the reassessment notice issued under old regime of Section 148...
Department Can Centralize Assessment At One Place If There Are Sufficient Reasons: Bombay High Court Upholds Transfer Order U/s 127
Finding that the Assessee had transactions with certain Indian citizens, who were subject to search operation and whose assessments were centralized with the Central Circle at New Delhi, the Bombay High Court find sufficient reasons for proposing of Assessee's case to be centralised at New Delhi. The High Court also found that the assessment of such persons would certainly...
Reopening Proceedings In Defiance Of Mandatory Procedure U/s 151A To Be Quashed: Bombay High Court
The Bombay High Court clarified that the Assessing Officer is required to adhere to the provisions of Section 151A read with CBDT Notification dated Mar 29, 2022 for resorting to a procedure u/s 148A and the consequent notice u/s 148. Section 151A of the Income Tax Act empowers the Central Government to make a scheme for the purpose of assessment, reassessment, or recompilation...
"Expulsion From MNLU Will Be Like Death Sentence": Law Student Accused In Multiple Cases Of Sexual Harassment Tells Bombay High Court
The Bombay High Court on Wednesday reserved judgment in a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty by of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC).A division bench of Justices Atul Chandurkar and Rajesh...