Bombay High Court Weekly Round-Up: November 11 - November 17, 2024

Citations 2024 LiveLaw (Bom) 580 to 2024 LiveLaw (Bom) 593Nominal Index:Naresh Goyal v. ED, 2024 LiveLaw (Bom) 580Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw (Bom) 581Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw (Bom) 582M/S. Truly Pest Solution Private Limited vs. Principal Chief Mechanical Engineering, 2024 LiveLaw (Bom) 583Radhabai Shirke vs...

PIL In Bombay High Court Challenges Temporary Appointment Of DGP Till Completion Of State Assembly Elections

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the State government's order appointing the Director General of Police, Maharashtra, on a temporary basis till the completion of State Assembly Elections 2024.The petitioner, Pratul Ramchandra Bhadale, an advocate, challenges the State government's order dated 05 November 2024, in which Sanjay Kumar Verma...

Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court

The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.The High Court held so while considering the prayer...

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price. The court further said that no devotee must be harassed or extorted by selling flowers at exorbitant...

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of...

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Bombay High Court (Nagpur Bench): A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention...

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family (parents and son) convicted for killing four members of the maternal family over a land dispute.A division bench...

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that...

No Judge Will Decide Cases Based On A Film: Bombay HC On Plea Apprehending "Match Fixing" Movie May Affect Malegaon Blast Case Verdict

The Bombay High Court while clearing the decks for the release of the controversial film 'Match Fixing: The Nation is At Stake', said no judge in India would ever decide a trial on the basis of a movie's plot.A division bench of Justices Burgess Colabawalla and Somasekhar Sundaresan pulled up one of the petitioners, Lieutenant Colonel (Lt. Col.) Prasad Purohit, for objecting to the...

Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court

The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should...

Single Transaction Of Assignment Of Debt Not 'Commercial Dispute': Bombay HC Imposes Cost Of ₹5 Lakh On Plea For Return Of Plaint In Summary Suit

The Bombay High Court has observed that a dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015.Varanium Cloud Ltd (applicant/defendant) filed an interim application for return of plaint on the ground that the suit was incorrectly instituted by Rolta Private Ltd (plaintiff) as...

Bombay HC Restrains Sports Authority Of India From Using Unlicensed Songs Of Phonograhic Performance Ltd At 'Horn Okay Please' Food Festival

In what could spell trouble for Delhi's popular food festival - 'Horn Ok Please', the Bombay High Court in an interim order on Tuesday (November 12) restrained the Sports Authority of India (SAI) from playing songs or music owned by the Phonograhic Performance Limited (PPL) without obtaining prior licence. Notably, the Horn Ok Please festival will be held in SAI's Jawaharlal Nehru Sports...