Bombay High Court
Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure
The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court.Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail.“Though the prosecution is opposing the application on...
Dismissal From Service Is Disproportionate For Misconduct Of Overwriting Reasons Of Absence On Gatepass: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Danfoss Systems Ltd vs Johnson Gomes has held that dismissal of service of a workman was disproportionate for an offence of overwriting the reason of absence on the Gatepass. Background Facts Johnson Gomes (Workman) was working in the factory of...
Ban On Liqour Sale In Raigad District To Operate On Specific Polling Dates For Its Two Lok Sabha Constituencies; No Ban On Entire District: Bombay High Court
Reiterating that the sale of liquor can be prohibited during elections only in polling areas, the Bombay High Court reduced the prohibition imposed in the entire Raigad district due to Lok Sabha elections in its two constituencies.The ban will operate in Raigad constituency from May 5 to May 7 and in Maval constituency from May 11 to May 13.A division bench of Justice AS Chandurkar and...
Bombay High Court Weekly Round-up: April 22 - April 28, 2024
Nominal Index [Citation 221 - 234]Telex Advertising Pvt Ltd v. Central Railway 2024 LiveLaw (Bom) 221Glencore India Pvt Ltd v. Amma Lines Limited 2024 LiveLaw (Bom) 222Mahendra Bansilal Patil v. Commissioner of Transport & Ors. 2024 LiveLaw (Bom) 223PCIT v. Tata Steel 2024 LiveLaw (Bom) 224Sham v. Walve 2024 LiveLaw (Bom) 225Aniruddha Ganesh Pathak v. Registrar General, Bombay High Court...
Income Tax Authority Should Refrain From Over Analysis Which Leads To Paralysis Of Justice: Bombay High Court
The Bombay High Court, while setting aside the order of the Income Tax Appellate Tribunal (ITAT), held that the authority should refrain from overanalyzing, which leads to paralysis of justice.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT failed to appreciate the spirit in which the order dated August 23, 2022, was passed by the High Court condoning...
Bombay HC Upholds Removal Of Judge Accused Of Bribery In POCSO Case, Says Punishment Must Uphold Court's Dignity & Instil Faith In Litigants
The Bombay High Court recently upheld the removal of a Judicial Officer accused of taking a bribe to acquit an accused under the POCSO Act observing that writ courts need not grant relief to a Judicial Officer whose conduct is likely to affect the image of the judiciary. A division bench of Justice AS Chandurkar and Justice Jitendra Jain dismissed a writ petition filed by one Pradeep Hiraman...
Individuals Involved In Manual Work Are Considered Workmen Under ID Act, In Absence Of Direct Oversight Over Subordinates In Supervisory Role: Bombay High Court
The Bombay High Court single bench of Justice Amit Borkar held that employees predominantly engaged in manual, skilled, and unskilled work, in absence of sufficient evidence of direct oversight of subordinate employees, qualify as 'workmen' under Section 2(s) of the ID Act. Brief Facts: The Management, an engineering company, was involved in manufacturing various products,...
Sanctioning Authority Has To Be PCCIT For Issuing Reopening Notice After Expiry Of Three Years: Bombay High Court
The Bombay High Court has held that the sanctioning authority has to be the Principal Chief Commissioner of Income Tax (PCCIT) for issuing a reopening notice after the expiry of three years.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that, as per the order and the notice, the authority that has accorded the sanction is the PCIT-27, Mumbai. The matter pertains...
No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court
The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken...
Arrest Cannot Be Used To Inflict De-Facto Death Penalty: Jet Airways Founder Naresh Goyal Approaches Bombay High Court For Bail In Money Laundering Case
Jet Airways founder Naresh Goyal has approached the Bombay High Court seeking bail 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 sought the response of the Enforcement Directorate (ED) and scheduled the matter for hearing on May 3, 2024, while Goyal will remain in the hospital, under...
Words Fall Short To Describe Impact Of Ordeal On Victim: Bombay High Court Denies Bail To Neighbour Accused Of Sexually Abusing Child For Nine Yrs
The Bombay High Court on Monday denied bail to a man accused of continuously sexually abusing a child over a period of nine years observing that his “horrible, appalling and obnoxious” crime caused so much trauma to the child that she has become a nymphomaniac.In his order, Justice Prithviraj K Chavan reproduced verbatim 27 handwritten pages in the victim's notebook narrating repeated...
Reassessment Can't Be Based On Reasons Borrowed From Other Dept. Or Justice M.B. Shah Commission Report: Bombay High Court
The Bombay High Court has held that the reasons for reopening clearly show that the assessing officer, except borrowing the information from the third report of the Justice M.B. Shah Commission, failed to record independently to his own satisfaction any reason so as to direct the reopening of the assessment. The bench of Justice Bharat P. Deshpande and Justice Valmiki Menezes did not see...