Bombay High Court
Merely Donating Eggs Or Sperm Does Not Make Donor A Biological Parent Of Child Born Through IVF: Bombay High Court
In a significant judgment, the Bombay High Court on Tuesday held that merely donating eggs or sperm by a person doesn't entitle them to claim any parental rights on the children born through the In vitro fertilization (IVF) treatment.Single-judge Justice Milind Jadhav pronounced the verdict while dismissing an argument of a woman, who "voluntarily" donated her oocyte (eggs) for her sister...
Contribution For Community Services By Employer Under MOU With Workers Union Is Business Expenditure : Bombay HC
The Bombay High Court recently held that contribution to public welfare fund, if connected with or related to carrying on assessee's business, or if it results in benefits to assessee's business, should be allowable deduction u/s 37. The High Court held so while deciding on the taxability of the contribution made by the employer/assessee (Tata Engineering & Locomotive) to its...
Bombay High Court Grants 3-Weeks Interim Protection To Refugee Family Facing 'Leave India' Notice, Allows Continuation Of Children's Studies
A few days after pulling up a Yemeni family for taking undue advantage of India's 'liberal attitude', the Bombay High Court on Monday granted three weeks protection to the 'refugee' family, which is facing 'Leave India Notice' for overstaying their visa for nearly a decade.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan granted protection to Khaled Gomaeai Mohammad...
"No Extra Business": Bombay High Court Pulls Up Indrani Mukherjea For Her "Extra Work List" For Travelling Abroad
The Bombay High Court on Monday pulled up Indrani Mukherjea, prime accused in the infamous Sheena Bora murder case for increasing her 'tasks' that she wanted to perform in Spain and the United Kingdom, so as to convince the court to permit her to travel abroad.Single-judge Justice Shyam Chandak noted that in her plea before a special court, Mukherjea had listed certain tasks or works, that...
Bombay High Court Weekly Roundup: 05 August – 11 August, 2024
Citations: 2024 LiveLaw (Bom) 400 To 2024 LiveLaw (Bom) 422Nominal IndexIndo Allied Protein Foods Pvt. Ltd. vs. The State Of Maharashtra Thr Food , Civil Supplies And Consumer Protection Dept, 2024 LiveLaw (Bom) 400Hemant Surgical Industries Ltd. Versus Union of India, 2024 LiveLaw (Bom) 401Naveed Abdul Saeed Mulla vs. State of Maharashtra & ors., 2024 LiveLaw (Bom) 402Federal Brands Ltd....
Reassessment Notices & Order Passed Contrary To Notified Mandatory Faceless Procedure U/s 151A Are Liable To Be Quashed: Bombay HC
While observing that the Scheme notified by the Central Government does not envisage exclusion of provisions of Section 148A as the procedure outlined within the said provisions are inextricably linked to Section 148, the Bombay High Court quashed the entire exercise undertaken by the Jurisdiction AO u/s 148A outside the faceless mechanism. Section 148A of the Income Tax Act states...
Article 21 Applies Irrespective Of Nature Of Crime, Accused Cannot Be Kept Behind Bars Indefinitely Without Progress In Trial: Bombay HC
The Nagpur bench of the Bombay High Court recently granted bail to a man booked in a rape case observing that Article 21 of the Constitution of India will apply irrespective of the nature of the crime.Single-judge Justice Urmila Joshi-Phalke in her order passed on August 6 noted that the accused was arrested on December 15, 2021, and was in custody since then.The judge further noted that...
'Defamatory & Reckless' : Bombay High Court Asks Malayali YouTuber To Take Down Video Against Malabar Gold
The Bombay High Court recently restrained a Malayali YouTuber Shajan Skariah from making any "defamatory" posts against Malabar Gold Limited and further issued a directive to him to pull down an 'objectionable' video already posted on the social media platform.Single-judge Justice Arif Doctor after hearing the brief submissions made by the counsel representing Malabar Gold said the video...
Bombay High Court Half Yearly Digest: January To June, 2024 [Citations 1-319]
Nominal Index [Citation 1 – 319]Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors 2024 LiveLaw (Bom) 1Mirza Himayat Baig v. State of Maharashtra 2024 LiveLaw (Bom) 2M/s. Hindustan Level Employees Union v. M/s. Hindustan Unilever Limited 2024 LiveLaw (Bom) 3ABC v. XYZ 2024 LiveLaw (Bom) 4Hiral Chandrakant Jadhav v. State of Maharashtra 2024 LiveLaw (Bom) 5XXX v. XXXX 2024 LiveLaw...
Income Tax Additions Can't Be Made On The Basis Of Superficial Inquiry: Bombay High Court
The Bombay High Court has held that income tax additions cannot be made on the basis of superficial inquiry.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the findings which were arrived by the CIT(A) as also by the tribunal would suggest that the department did not dispute the assessee's sales, as there there was no discrepancy between the purchases...
Subletting Must Be Presumed In Commercial Tenancy Where Tenant Allows Outsider To Use The Premises For Profiteering: Bombay High Court
The Bombay High Court observed that in commercial tenancy, if a tenant permits an outsider to use their shop to do business, subletting can be presumed. It emphasized that beneficial legislation like the Rent Control Act should be misused by the tenant and thus in cases of misuse of tenancy protections, subletting should be inferred.Justice Sandeep V. Marne was considering...
How Was An Ordinary Citizen Able To Obtain 'MLA Sticker' For Use On Personal Car? High Court Asks Mumbai Police To Probe
The Bombay High Court on Thursday directed Mumbai Police to investigate how a local resident obtained an 'authorised' sticker meant for Members of the Legislative Assembly (MLAs) in Maharashtra, for his personal car. A division bench of Justices Ajay Gadkari and Dr Neela Gokhale ordered the Deputy Commissioner of Police (DCP) Zone VI, Mumbai Police, to ascertain the 'source' of the sticker...