Bombay High Court
Bombay High Court Upholds ITAT's Order Directing Vodafone India To Deposit Rs.230 Crores For Staying Income Tax Demand
The Bombay High Court has upheld the order passed by the Income Tax Appellate Tribunal (ITAT) directing Vodafone India to deposit Rs. 230 crores for staying income tax demand.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan directed the petitioner, Vodafone India, to deposit an amount of Rs. 230 crore, being the lowest or minimum amount of 20% of the disputed tax...
Bombay High Court Upholds Entertainment Duty Demand Of Rs. 71 Lakhs On Film & Television Producers Guild Of India For 2006 APSARA Awards
The Bombay High Court on Thursday upheld the state government's demand for entertainment duty of Rs. 71,87,500 on the Film & Television Producers Guild of India (FPGI) for organizing the APSARA Awards Function in 2006.A division bench of Justice KR Shriram and Justice Jitendra Jain, however, struck the penalty of the same amount imposed of FPGI.“(a) The entertainment duty of...
Bombay High Court Pulls Up Maharashtra Govt Over Inadequate Mechanism For Enforcing Living Wills
The Bombay High Court on Thursday pulled up the state government for not establishing a sufficient mechanism to enforce living wills, highlighting the lack of a secondary medical board necessary for the execution of these directives.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL filed by Dr. Nikhil Datar, a Mumbai-based gynaecologist,...
Bombay High Court Directs Bar Council Of Maharashtra & Goa To Take Action Against Lawyer Who Appeared Without Band, Gown
The Bombay High Court recently directed the Bar Council of Maharashtra and Goa (BCMG) to take action against Advocate Jagdish M. Ahuja for appearing in court without the prescribed attire of bands and Advocate's Gown.Justice Prithviraj K Chavan noted in his order –“He is not in proper attire, in the sense, he is without bands and Advocate's Gown as prescribed by the Rules. The Bar Council...
Bombay High Court Weekly Round-up: June 10, 2024 To June 16, 2024
Nominal Index [Citation 284 - 292]Shamsher Ahmed Shaikh & Ors. v. Municipal Corporation of Greater Mumbai & Ors. 2024 LiveLaw (Bom) 284Razi Ahmed Khan v. State of Maharashtra 2024 LiveLaw (Bom) 285XYZ v. The Dean of BJ, Government Medical College and Others 2024 LiveLaw (Bom) 286Karan Johar v. IndiaPride Advisory Pvt. Ltd. And Ors. 2024 LiveLaw (Bom) 287Jiv Maitri Trust v. Union of...
Bombay High Court Upholds Conviction Of Primary School Teacher For Sexually Assaulting Three Students In Classroom
The Bombay High Court recently upheld the conviction of one Ramesh Ratan Jadhav, a primary school teacher, for sexually assaulting three minor girls in the classroom.Justice Kishore C Sant observed, “The evidence of the victim girls is found to be reliable. The presence of the accused is not denied. Though the defence is taken of animosity as a motive for false implication, the same does...
Bombay High Court Reserves Order In Students' Plea Challenging Hijab Ban By Mumbai's NG Acharya & DK Marathe College Authorities
Mumbai's NG Acharya and DK Marathe College submitted before the Bombay High Court today that the purpose of banning hijab, nakab, burkha, stole, caps etc. in the campus is to avoid the display of religious symbols, unless it is part of the fundamental right to religion such as turban for Sikhs.Senior advocate Anil Anturkar for the college management said, “And it is not only in the case...
Bombay High Court Allows Release Of Film 'Hamare Baarah' After Makers Agree To Delete Certain Portions & Add Disclaimers
The Bombay High Court on Wednesday allowed the release of film "Hamare Baarah", on June 21, 2024 after the makers agreed to make certain changes in the movie.A division bench of Justice BP Colabawalla and Justice Firdosh Pooniwalla passed the order in a writ petition seeking a ban on the film on the ground that it is derogatory to Islam and married Muslim women in India.The bench said that...
Bombay High Court Orders Inquiry Into Functioning Of Juvenile Court After Clerk Allegedly Disobeys HC Orders
The Bombay High Court recently directed the Principal District Judge, Thane to conduct an inquiry into the functioning of Juvenile court in Bhiwandi, Mumbai after a clerk allegedly refused to accept charge sheet in a case despite HC orders.A division bench of Justice AS Gadkari and Justice Neela Gokhale was dealing with an application filed by a juvenile accused seeking quashing of...
[Commercial Courts Act] Plaint Can't Be Rejected For Bypassing Pre-Institution Mediation If It Genuinely Seeks Urgent Reliefs: Bombay High Court
The Bombay High Court recently dismissed an application filed under Order VII Rule 11 of the CPC, by defendant Chemco Plast seeking rejection of a trademark infringement suit filed against it by plaintiff Chemco Plastic Industries Pvt. Ltd. The court observed that the suit is not barred under section 12A of the Commercial Courts Act (mandatory mediation) as it contemplates urgent...
Indian Succession Act | Bombay High Court Larger Bench To Decide Whether Probate Of Will Can Be Revoked In Cases Not Covered In Section 263
The Bombay High Court recently referred to a larger bench the question of whether explanations to Section 263 of the Indian Succession Act, 1925, which deals with the grounds on which probate of a will can be revoked or annulled for “just cause”, are exhaustive or merely illustrative.Justice Manish Pitale referred the following questions to the larger bench –“(I) Whether explanations...
Bombay High Court Calls For Robust Mechanism To Impose Costs For Misuse Of Judicial Process In Rape Cases Stemming From Failed Relationships
Highlighting that rape cases stemming from failed relationships between adults waste the valuable time of both the police and the courts, the Bombay High Court recently called for a robust mechanism to impose heavy costs on individuals who misuse the judicial process.Justice Pitale highlighted the recurring nature of such cases in urban areas like Mumbai, which leads to wastage of valuable...