Bombay High Court
Reception Held In Mumbai Not Part Of Marriage Ritual: High Court Declines Mumbai Family Court's Jurisdiction Over Husband's Divorce Plea
Observing that reception can't be considered part of the marriage ritual, the Bombay High Court recently held that the family court in Mumbai had no jurisdiction over a divorce case just because the couple had the wedding reception in Mumbai and resided there for a few days.“There is no dispute between the parties that all the rituals of the marriage took place on 7 June, 2015 at...
Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? Single Bench Of Bombay High Court Refers The Issue To Larger Bench
The High Court of Bombay (Goa Bench) has referred the issue of maintainability of a Section 29A application seeking extension of the arbitration before the Commercial Court to a larger bench in view of conflicting views by two co-ordinate benches of the High Court. The Bench of Justice Bharat P. Deshpande observed that the since Section 29A of the A&C Act not just involves...
Bombay High Court Suspends Life Sentence, Grants Bail To Man Convicted For Beheading Girlfriend's Cousin
The Bombay High Court recently suspended a life sentence and granted bail to a man convicted of murdering the cousin of his girlfriend by beheading him.A division bench of Justice AS Gadkari and Justice Shyam C Chandak prima facie rejected the prosecution's case to the extent that the murder weapon had human blood despite being found in a place filled with water.“It is important to note...
[Cybercrime] IPC Can Simultaneously Be Invoked If Sections Under IT Act Don't Address All Ingredients Of Offence: Bombay High Court Full Bench
The Bombay High Court recently held that while the Information Technology Act, 2000 is a special Act for addressing cybercrimes and has an overriding effect, it does not preclude the application of IPC in cases where the offences are not adequately addressed under the IT ActThe court held that section 43 (penalty for damage to computer) read with section 66 (fraudulently or dishonestly...
Refund More Than 10% Of Tax As Determined On Regular Assessment, CEAT Entitled To Interest On Refund Of Rs. 5.24 Cr.: Bombay High Court
The Bombay High Court has held that Ceat Limited is entitled to interest on a refund of Rs. 5.24 crore as the refund is more than 10% of tax as determined on regular assessment.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the words “amount of refund” must mean the whole of the refund of Rs. 5,24,29,950 and not an artificial split as canvassed by...
Bombay High Court Weekly Round-Up: April 08 To April 14, 2024
Nominal Index [Citation 188 - 199] Kalpita Arun Lanjekar v. Income Tax Officer 2024 LiveLaw (Bom) 188 PCIT v. M/s. Tata Capital Ltd. 2024 LiveLaw (Bom) 189 Sarang Wadhawan v. Directorate of Enforcement 2024 LiveLaw (Bom) 190 Nitin Rajendra Gupta v. Deputy Collector, Mumbai and Ors. 2024 LiveLaw (Bom) 191 Vodafone India Ltd. v. Deputy Commissioner of Income Tax 2024 LiveLaw (Bom) 192 ABC v....
Investigative Journalism Doesn't Enjoy Special Protection; Public Interest Won't Permit Publication To Lower Down Reputation Without Any Truthfulness: Bombay HC
Emphasizing the importance of balancing freedom of the press with an individual's right to reputation, the Bombay High Court observed that while investigative journalism serves a vital role in society, it cannot come at the expense of defaming individuals."As a Journalist, though he may be duty bound to appraise the public, of the facts and data which is in their interest, it definitely cannot...
Bombay High Court Quashes SCN Demanding GST On Ocean Freight On Transportation Of Goods From Outside India
The Bombay High Court has quashed the show cause notice (SCN) demanding GST on ocean freight on transportation of goods from outside India.The bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla has relied on the decision of the Supreme Court in the case of Mohit Minerals and observed that the verdict applies to both free on board (FOB) and sum of cost, insurance, and freight...
Gives False Impression That It Is Official Mr. Bean Theme Park: Bombay High Court Temporarily Restrains Trampoline Park From Using Trademark
The Bombay High Court recently granted ex-parte ad-interim injunction restraining a Trampoline Park in Lonavla from using the trademark, artwork, device or character of Mr. Bean from the popular comedy series which was first broadcasted in January 1990.The court compared the registered Mr. Bean Trademark with the allegedly infringing trademark of the trampoline park and concluded –“On...
“Certainly The High Court Should Not Scrutinise An Order Of The ITSC As An Appellate Court,” Says Bombay High Court
The Bombay High Court has held that interference with the orders of the Income Tax Settlement Commission (ITSC) should be avoided, keeping in mind the legislative intent. The scope of interference is very narrow, and certainly the High Court should not scrutinize an order of the ITSC as an appellate court. Unsettling reasoned orders from the ITSC may erode the confidence of assessees. The...
Jobs, Admissions Subject To Outcome Of Pleas Challenging Maharashtra Reservation Act: Bombay High Court
The Bombay High Court on Tuesday said that any applications for admissions to educational courses or recruitment to government jobs availing the Maratha quota would be subject to further HC orders on petitions challenging the reservation.A full bench of Chief Justice Devendra Kumar Upadhyaya, Justice GS Kulkarni, and Justice Firdosh P Pooniwalla adjourned to June 13, 2024 a batch of PILs and...
S. 50 PMLA | ED Can't Record Statement At Night By Depriving Person's Right To Sleep; Leads To Impairment Of Cognitive Skills: Bombay High Court
The Bombay High Court recently criticized the Enforcement Directorate for its practice of recording statements of persons summoned under section 50 of PMLA late at night, emphasizing the right to sleep as a basic human requirement.“The `right to sleep' / 'right to blink' is a basic human requirement, inasmuch as, non-providing of the same, violates a person's human rights. It affects a...