Bombay High Court
Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
A division bench of the Bombay High Court comprising of Justice Avinash G. Gharote and Justice. M.S. Jawalkar while deciding a writ petition in the case of Sau. Asha wd/o Haridas Katwale & Ors. v. The Manager (Mines), M/s Wester Coalfields Ltd. Bhadrawati & Ors. has held that compassionate appointment can only be claimed in accordance with the existing policy and not as a matter...
Capital Gain Tax Not Payable On Transfer Of Shares By Way Of Gift: Bombay High Court
The Bombay High Court has held that capital gain tax is not payable on the transfer of shares by way of gift.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that Section 45 of the Income Tax Act provides that any profits or gains arising from the transfer of a capital asset have to be considered by the assessee. Only when there is consideration received can the profit...
Provide Adequate Infrastructure To Implement E-Mulakaat System For Prison Inmates In Maharashtra: Bombay High Court To State
The Bombay High Court today directed the state government to ensure the availability of essential infrastructure to support the implementation of the e-mulakaat system in prisons to enable lawyers and family members to communicate with inmates virtually using video conferencing. A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor disposed of a PIL filed by...
Bombay High Court Grants Bail To Alleged Drug Supplier Booked In Cordelia Cruise Drug Raid Case
The Bombay High Court recently granted bail to one Abdul Kadar Shaikh, an alleged drug supplier and one of the accused in the 2021 Cordelia cruise ship drug case. Justice NJ Jamadar observed that there were doubts regarding the substance seized from the accused, and he had undergone prolonged incarceration with little likelihood of the trial concluding within a reasonable...
Municipality Can't Shirk Constitutional Duty To Provide Water: Bombay High Court Directs 1 Lakh Litres Daily Supply To Gorai Villagers
The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to employ 10 tankers of 10,000 litres on a daily basis to ensure the continuous supply of 1,00,000 litres of potable water to residents of Gorai village, consisting of around 2000 families.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif Doctor was hearing a PIL shedding light on...
Bombay High Court Initiates Suo Moto PIL Over Alleged Illegalities In Tender Process For Ambulance Fleet
The Bombay High Court on Tuesday initiated a suo moto PIL regarding alleged illegalities in the state government tender process for supply and operation of emergency medical services and ambulances. The tender to 'build, finance, operate and transfer' is connected to the 'Dial 108' ambulance project under Maharashtra Emergency Medical Services (MEMS). A division bench of Chief...
Bombay High Court Dismisses Petition Challenging Its Rules For Litigants Appearing In-Person
The Bombay High Court recently upheld its Rules which require litigants desiring to appear in-person before the court to be certified as competent to assist the court without engaging an advocate by a Scrutiny Committee nominated by the Chief Justice.A division bench of Justice AS Chandurkar and Justice Jitendra Jain dismissed a writ petition challenging a Notification dated September 9,...
Breaking | Bombay High Court Upholds Renaming Of Aurangabad And Osmanabad To Chhatrapati Sambhajinagar And Dharashiv
The Bombay High Court on Wednesday upheld the Maharashtra government's notifications officially renaming Aurangabad city and revenue areas to Chhatrapati Sambhajinagar and Osmanabad city and revenue areas to Dharashiv respectively.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor while pronouncing the judgment dismissing a batch of pleas challenging the...
Court Cannot Interpret Conditions Of Advertisement Contrary To Plain Language Of The Same: Bombay High Court
A Division bench of the Bombay High Court comprising of Justice A.S. Chandurkar and Justice Jitendra Jain while deciding a Writ Petition in the case of Ashok Mallinath Halsangi & Ors vs State of Maharashtra & Ors has held that the court in the garb of judicial review cannot sit in the chair of appointing authority to decide what is best for the employer and interpret the conditions...
Lender Bank Registered With CERSAI Has 1st Priority Over DCST Against Proceeds Of Enforcement Under SARFAESI Act: Bombay High Court
The Bombay High Court has held that lender bank registration with the Central Registry of Securitisation and Security Interest of India (CERSAI) has first priority over Deputy Commissioner of Sales Tax (GST) (DCST) against proceeds of enforcement under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).The bench of Justice...
Bombay High Court Grants Two-Month Interim Bail To Jet Airways Founder Naresh Goyal In Money Laundering Case
The Bombay High Court today granted interim bail for two months to Jet Airways founder Naresh Goyal in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.Justice NJ Jamadar pronounced the judgement."The broad submission that since the applicant has got best of the treatment, he does not deserve to be released on bail, looses...
High Court Stays Maharashtra Govt's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby
The Bombay High Court today stayed till further orders the exemption to private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections if there is a government-run or aided school within 1 km radius of that private school.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor prima facie found that the 2024 amendment to...