Bombay High Court
High Court Cannot Deprive Wife Of Her Right To Choose Appropriate Forum To Seek Maintenance: Bombay High Court
It is the choice of a wife to file Domestic Violence proceedings seeking maintenance and reliefs before a Magistrate Court or before a Family Court when the husband has already instituted divorce proceedings, the Bombay High Court has recently observed while holding that in such a scenario, the High Court should not entertain applications filed by the husband to transfer the proceedings...
If Parole Can Be Given To Share Grief, Why Not To Share Happy Moments? Bombay HC Releases Convict To Meet Son Going Abroad To Study
The Bombay High Court earlier this week held that if parole can be provided to a convict in emergency situations or for marriages in the family, it can also be granted for the convict to share "happy moments" with his family like the travelling of his child to some other country for studies.The observation came on a plea filed by a life convict, who sought parole to meet his son, who has...
Reassessment Notice Not Complying Section 148 Pre-Conditions Is Beyond Jurisdictional: Bombay High Court
The Bombay High Court at Goa has held that the reassessment notice issued without complying with the pre-conditions mentioned in Section 148 of the Income Tax Act was beyond jurisdiction.The bench of Justice M. S. Karnik and Justice Valmiki Menezes has observed that the substantive rights of the original petitioner were governed by the provisions of the Portuguese Civil Code. The fact that...
Interpretation Of 'Scale Of Rates' By Tariff Authority For Major Ports Is A Binding Decision: Bombay High Court
The Bombay High Court has held that the Tariff Authority for Major Ports (TAMP) is the authority to interpret the 'Scale of Rates' fixed by it for services, port dues and other charges under the Major Port Trust Act, 1963 (MPT Act) and that its interpretation is a 'decision' and binding on the parties involved.The Division Bench of Justices K. R. Shriram and Jitendra Jain were considering...
'Unable To Focus, Come With Specific Issues': Bombay High Court Inclined To Close Plea Related To Potholes In Mumbai
The Bombay High Court on Friday expressed that it was inclined to close the proceedings stemming out of a contempt of court petition highlighting the issue of potholes across Mumbai and neighbouring cities.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar expressed that the court and also the authorities were unable to focus on the main issue as there are...
RSS Defamation Case: Rahul Gandhi Gets Relief From Bombay High Court
In a relief for Congress leader Rahul Gandhi, the Bombay High Court on Friday quashed a Bhiwandi court order allowing the transcript of his speech as additional evidence in the criminal defamation case filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker Rajesh Kunte.Single-judge Justice Prithviraj K Chavan allowed a writ petition filed by the Congress leader challenging the order...
No Foreigner In India Can Be Deprived Of Their Rights: Bombay HC Orders Rs 10 Lakh Compensation To Chinese Woman Harassed By Customs Dept
Observing that it is the obligatory duty of the State to ensure that the liberty of foreign nationals coming to India is not deprived except by law, the Bombay High Court on Thursday ordered the Customs Department to issue a "no objection certificate" (NOC) for facilitating the return of a Chinese national woman to her home country, who was wrongly booked in a gold smuggling...
Maharashtra Govt Decision Hiking Lease Rentals In Mumbai's Bandra Not Extortionate: High Court
The Bombay High Court has held that the State Government's decision to calculate lease rent based on the value of land given in the 'Ready Reckoner' was not arbitrary. However, it ruled the Government Resolution allowing lease rent revision every 5 years, as per the value of land on date of such revision, was invalid because the original lease deed did not stipulate such revision.The...
Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam
The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the Radius Group, involved in a money laundering case related to the multi-crore Yes Bank-DHFL Scam.This is the second time that Chhabria's bail was rejected by the High Court. He was arrested in April 2022 on the allegation that a company related to him has availed a loan of ₹ 2,137 crores...
Assessee Can't Be Expected To Deduct TDS From Payments Which Became Taxable Owing To Retrospective Amendment: Bombay High Court
The Bombay High Court at Goa, while upholding the order of the Income Tax Appellate Tribunal (ITAT), has held that the assessee cannot be expected to deduct tax at source from payments that became taxable owing to a retrospective amendment.The bench of Justice M.S. Karnik and Justice Valmiki Menezes has observed that it is not open to the department to take a divergent view on the expenditure...
Plea Filed In Bombay HC Against Rahul Gandhi, Dhruv Rathee, Uddhav Thackeray For Allegedly Spreading False Narratives About 'EVM Hacking'
A petition has been filed in the Bombay High Court seeking contempt proceedings against Congress leader Rahul Gandhi, Shiv Sena (UBT) leaders Uddhav Thackeray, Aditya Thackeray, Sanjay Raut and YouTuber Dhruv Rathee, for allegedly interfering in a sub-judice matter.As per the petition, the respondents – Rahul Gandhi and others, had posted on the social media platform 'X', a story by...
Bombay High Court Sets Aside Arbitral Award Due To Arbitrator Relying On Non-Executed Agreement, Adopting Non-Judicial Approach
The Bombay High Court set-aside an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) as the Arbitrator relied on a non-executed agreement for arriving at the decision. The Court stated that it can annul an arbitral award under Section 34 if the arbitrator adopted a non-judicial approach. The Division Bench of B.P. Colabawalla and...