Bombay High Court Monthly Digest: December 2024

2024 LiveLaw (Bom) 617 to 2024 LiveLaw (Bom) 654Nominal Index:G.B. Industries Reg. Partnership Firm vs. Minakshi Balasao Magdum And Ors., 2024 LiveLaw (Bom) 617Bks Galaxy Realtors LLP v. Sharp Properties, 2024 LiveLaw (Bom) 618Aditya Birla Finance Limited Versus Paul Packaging Private Limited, 2024 LiveLaw (Bom) 619Pradipsingh Thakur vs State of Maharashtra, 2024 LiveLaw (Bom) 620Deepak...

Investigation Can't Linger For Years Keeping Investors In Lurch: Bombay HC Pulls Up Mumbai Police's EOW Over Delay In Finishing Fraud Probe

Pulling up Mumbai Police's Economic Offences Wing (EOW) for the delay caused in properly investigating a "fraud" case under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, the Bombay High Court recently observed that investigations in a criminal case cannot be permitted to linger on for years, keeping investors in the lurch.A division bench of...

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Citations: 2024 LiveLaw (Bom) 650 to 2024 LiveLaw (Bom) 654Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw (Bom) 650Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw (Bom) 651Shri Saibaba Sansthan Trust (Shirdi) vs. Union of India, 2024 LiveLaw (Bom) 652Nav Chetna Charitable Trust vs, CIT (Exemption), 2024 LiveLaw (Bom) 653Chandrabhan Atulkar v....

MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary

Bombay High Court: A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other...

Bombay High Court Annual Digest 2024 [Part I]

Citations 2024 LiveLaw (Bom) 1 – 2024 LiveLaw (Bom) 215:Former IT Analyst Of TCS With Supervisory Responsibilities Not Workman: Bombay High CourtCase Title: Rohit Dembiwal v. Tata Consultancy Services Ltd. & OrsCitation: 2024 LiveLaw (Bom) 1The Bombay High Court dismissed a writ petition filed by a former IT analyst of Tata Consultancy Services Ltd (TCS) observing that the petitioner...

Belated Filing Of Form 9A Is Not Attributable To Trust: Bombay HC Allows Exemption U/S 11 After Condoning Delay Under IT Act

The Bombay High Court held that bonafide delay in filing Form 9A on part of trust, has to be construed as procedural lapse and shall be condoned by exercising powers u/s 119(2) of Income tax Act.The Division Bench of Justice G S Kulkarni and Justice Advait M Sethna observed that that the jurisdictional AO completely lost sight of the fact that at the time when assessee claimed deductions...

SC Collegium Recommends Appointment Of An Advocate As Bombay HC Judge & A Judicial Officer As Uttarakhand HC Judge

The Supreme Court Collegium, in its meeting held on 22nd December, 2024, approved the proposal for the appointment of Advocate Pravin Sheshrao Patil as a Judge of the High Court of Bombay. In the same meeting, the proposal for the appointment of Judicial Officer Ashish Naithani as a Judge of the Uttarakhand High Court was also approved.Click Here To Read/Download the Collegium's...

S.147 Of IT Act Doesn't Postulate Review Jurisdiction Such That Assessment Can Be Reviewed By AO Intending To Form Different Opinion: Bombay HC

The Bombay High Court ruled that the materials which were already available before AO and which ultimately were considered in passing assessment order u/s 143(3), cannot form basis of reopening, on ground that such materials were ignored in finalizing assessment.Section 147 does not postulate review jurisdiction, so that assessment can be reviewed by the Assessing Officer intending to...

ITO Acted On Complete Change Of Opinion On Same Material With Intent To Review Assessment Order Passed By Him: Bombay HC Quashes Reopening

While setting aside the reassessment proceedings, the Bombay High Court held that 'change of opinion' or 'review of already completed assessment', is not permitted to AO.While holding so, the Division Bench of Justice G.S Kulkarni and Justice Advait M Sethna observed that there is no whisper of allegations against the assessee that income that has escaped assessment was attributable to...

Bombay High Court Issues Notice To Consortium Of NLUs On Plea Challenging CLAT PG 2025 Answer Key

In a petition challenging the CLAT PG 2025 answer key, the Bombay High Court today (24 December) issued notice to the Consortium of National Law Universities (NLUs).A vacation bench of Justice SG Dige and Justice Advait M Sethna stated that any selection made by the Consortium would be subject to the final outcome of the present petition.“It is directed that any selection made by the...

Bombay High Court Allows Mahim Dargah Mela To Continue, Quashes Police Notice To Stop Event Due To Christmas Celebrations

The Bombay High Court on Tuesday (December 24) quashed a notice issued by Mumbai Police to stop the annual Mahim Mela (fun fair)–one of the city's most vibrant events–citing the "overcrowding" on the streets, especially on December 24 and 25, when people will usher in Christmas celebrations. A vacation bench of Justices Shivkumar Dige and Advait Sethna said that the police, instead...

Bombay High Court Weekly Round-Up: December 16 - December 22, 2024

2024 LiveLaw (Bom) 636 to 2024 LiveLaw (Bom) 649Nominal Index:Shriraj Nageshwar Aepurwar vs. State of Maharashtra, 2024 LiveLaw (Bom) 636ABC vs Maharashtra, 2024 LiveLaw (Bom) 637Gujarati Kelavani Mandal & Anr. vs. The General Manager, Central Railway & Ors., 2024 LiveLaw (Bom) 638M/s. Asahi India Glass Ltd. vs.Nadeem A. A. Dolare, 2024 LiveLaw (Bom) 639Jaiprakash Bawiskar The State...