Bombay High Court
"Can't Deprive Women From Participating In Workforce": Bombay HC Quashes Lady Officer's Transfer To Allow Her To Care For Son With Special Needs
The Bombay High Court at Goa recently said it cannot deprive women of their 'due participation' as members of the workforce and therefore, ordered the State administration not to transfer a woman police officer from Ponda city to any other place as her minor son, an autistic child, needed her 'special care and assistance.'A division bench of Justices Makarand Karnik and Valmiki Menezes on...
Non-Submission Of “Bill Of Export” Can't Be Treated As Non-Discharge Of Export Obligation, If Supply To SEZ Unit Is Proved: Bombay High Court
The Bombay High Court has held that if the party is able to show proof of supply to the Special Economic Zone (SEZ) Unit, then non-submission of the “Bill of Export” cannot be treated as non-discharge of proof of export obligation (EO).The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that failure to produce a copy of the assessed bill of export in respect of...
Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High Court
In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly follows a minor girl to talk to her, to express his love for her and then boast that one day she will accept his love, shows that his intention was not good and the same would amount to sexual harassment under the Protection Of Children from Sexual Offences (POCSO) Act.Single-judge Justice...
Bombay HC Raps IO For 'False Replies' Over Sexual Assault Investigation, Orders State To Explain 'Lacunae' In Probing Crimes Against Women
The Bombay High Court recently took note of the 'deficiencies' in the investigations pertaining to offences against women and directed the Additional Chief Secretary to file an affidavit explaining why the police investigation in such serious offences lacks the 'basic tenets of investigation.'A division bench of Justices Ajay Gadkari and Dr Neela Gokhale took exception to a 'shoddy' probe in...
Bombay HC Imposes 10K Cost On PIL For Setting-Up 'Anti-Organized Crime Unit' At Aarey Milk Colony, Constituting 'Cave Temple Commission'
The Bombay High has dismissed with costs a 'frivolous' PIL which sought constitution of an 'Anti-Organized Crime Unit' at the Aarey Milk Colony, constitution of a 'Bombay Cave Temple Commission' and a 'Transnational Sanatan Commission' along with other diverse prayers.“Having devoted considerable time in hearing such pleas, we find it extremely difficult to comprehend and understand the...
Bombay High Court Imposes Fine On JAO & Chief Commissioner For Disregarding Binding Judgement
The Bombay High Court has imposed a fine of Rs. 25000/- on the Jurisdictional Assessing Officer (JAO) for disregarding the binding judgment passed in the case of Hexaware Technologies Limited vs. Assistant Commissioner of Income Tax & 4 Ors., in which it was held that under the faceless assessment scheme introduced by Section 151A of the Income Tax Act, 1961, the National Faceless...
Bombay High Court Disposes PIL Against Use Of Laser Beams And Loud Sound Systems During Festivals
The Bombay High Court has disposed a PIL against the usage of laser beams and loud sound systems during religious processions and other ceremonies.The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar had heard the matter on August 16. The petitioner had argued that the hazardous laser beams used in festivals resulted in loss of eyesight in several...
Income Declaration Scheme 2016, Assessee Deposited Amount, Dept. Claim Erroneous; Bombay High Court
The Bombay High Court has directed the department to issue certificates as the assessee deposited all amounts under the Income Declaration Scheme, 2016 (IDS).The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the petitioner or assessee in fact complied with all the requirements under the IDS, and the appropriate amount of tax deposited is sufficient to...
TDS Deducted By Company Already Deposited With Interest: Bombay High Court Quashes Notice Against Directors
The Bombay High Court has quashed the issuance of process served on the directors of the company, M/s. Hubtown Ltd., for offenses punishable under sections 276B and 278B of the Income Tax Act for delay in depositing the TDS as the TDS deducted by the company had already been deposited with interest as provided under section 201(1A).The bench of Justice Prithviraj K. Chavan has observed that...
Non-Application Of Mind By IO, Copied FIR From Complaint: Bombay HC Pulls Up Cop For Wrongly Booking Parties In Forgery Case
Taking strong objection to a "copied" First Information Report (FIR) filed by the Pune Police, the Bombay High Court recently said that dragging people into criminal cases unnecessarily causes immense mental agony and trauma. A division bench of Justices Ajay Gadkari and Dr Neela Gokhale noted the "unfathomable harassment" caused to a few residents of Pune's Talegaon area, who were booked in...
"Because Of Your Client, Most Borrowers Are Facing LOC's": Bombay HC Tells Vijay Mallya's Counsel In Plea Challenging Economic Offenders Act
The Bombay High Court on Friday said former liquor baron Vijay Mallya had become the 'first cause' for issuances of 'Look Out Circulars' (LOCs) against several borrowers in the country.A division bench of Justices Kalpathi Shriram and Jitendra Jain made the remark while hearing a plea filed by Mallya, challenging the constitutional validity of the Fugitive Economic Offenders Act, 2018. The...