Bombay High Court
GN Saibaba Case | Merely Downloading Naxal Literature Not An Offence Under UAPA: Bombay High Court
Merely downloading Communist or Naxal literature from the internet or being a sympathizer of the philosophy is not an offence under the Unlawful Activities Prevention Act (UAPA), the Bombay High Court has held.The court said that in addition to the literature, evidence was required to connect the accused to specific incidents of violence and terrorism, which would be offences within the...
GN Saibaba Case | No Evidence To Connect Accused To Terrirost Act; Trial Failure Of Justice : Bombay High Court
The Bombay High Court observed today that the trial of former Delhi University Professor GN Saibaba and others was held despite violation of mandatory provisions of the Unlawful Activities Prevention Act (UAPA) pertaining to arrest, search and seizure, and sanction to prosecute.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes, while acquitting GN Saibaba and others in...
[MRTU & PULP Act] Working Journalists' Status Distinct From Regular Workmen Due To Special Privileges, Can't Be Considered Employees: Bombay HC
The Bombay High Court on Monday held that working journalists are not employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) and therefore, cannot file complaints of unfair labor practices under the said Act.A division bench of Justice Nitin Jamdar and Justice Sandeep Marne delivered the judgment on a reference by...
Actual Agricultural Operation, Not a Necessary Condition To Qualify As Agricultural Land; Bombay High Court
The Bombay High Court has held that actual carrying on of agricultural operations is not a necessary condition for deciding that the parcels of land were agricultural lands.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has quashed the order and remanded the matter for passing the fresh assessment order. The AO will only examine whether the evidence brought on record...
BREAKING| Bombay High Court Dismisses Maharashtra's Plea To Stay Judgment Acquitting Prof GN Saibaba & Others
The Bombay High Court has dismissed an application filed by the State of Maharashtra Government seeking to stay the implementation of the acquittal of former Delhi University Professor GN Saibaba and five others in a Maoist-links case under the Unlawful Activities Prevention Act (UAPA). The State filed an application before the HC bench of Justices Vinay Joshi and Justice Valmiki SA...
TDS Not Liable To Be Deducted On Business Support Services As Not Taxable As FTS: Bombay High Court
The Bombay High Court has held that business support services are not taxable as a fee for technical services (FTS), and no TDS is liable to be deducted.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that even if it is fees for technical or consultancy services, it can be only where fees are paid in consideration for making available technical knowledge,...
NCLT Has Jurisdiction To Direct ED To Release Attached Properties Of Corporate Debtor: Bombay High Court
The Bombay High Court held recently that the NCLT has the jurisdiction to direct the Enforcement Directorate (ED) to release attached properties of a corporate debtor once the resolution plan has been approved and immunity from prosecution is triggered under Section 32A of IBC, 2016.A division bench of Justice BP Colabawalla and Justice Somasekhar Sundaresan upheld an NCLT order directing the...
Bombay High Court Grants Bail To Man Accused Of Cheating Actor Vivek Oberoi
The Bombay High Court recently granted bail to actor Vivek Oberoi's business partner Sanjay Saha arrested in a Rs. 1.55 crore cheating case filed by Oberoi for allegedly siphoning off the funds of their film production firm.Justice NJ Jamadar held that prima facie, clauses of the partnership agreement supported Saha's contention that the money was used for purposes expressly authorised under...
No Compelling Reasons To Grant Reservation: PIL Before Bombay High Court Challenges 10% Reservation To Maratha Community
A Public Interest Litigation (PIL) has been filed before the Bombay High Court, seeking to quash the recently enacted Maharashtra State Reservation Act 2024. This legislation grants 10% reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category.“there are no compelling reasons to provide reservation to the community. It is most...
Bombay High Court Acquits GN Saibaba & 5 Others In Alleged Maoist Links Case
The Nagpur bench of the Bombay High Court on Tuesday set aside the conviction of former Delhi University Professor GN Saibaba and five others in an alleged Maoist-links case under the Unlawful Activities Prevention Act (UAPA).A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes pronounced the judgment.Wheelchair-bound GN Saibaba and his co-accused have been under custody...
Unfortunate That 'Tantrics/Babas' Take Advantage Of Vulnerability & Blind Faith: Bombay HC Upholds Man's Life Term For Rape Of 6 Minor Girls
The Bombay High Court recently confirmed the conviction and life sentence of a man claiming to be a tantric who raped and sexually exploited seven girls, six of them minors, for over five years under the pretext of curing them from begetting intellectually challenged male children.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande dismissed the appeal filed by...
Bombay High Court Issues Contempt Notices To Lilavati Hospital's Founder Trustee & Son On HDFC's Plea
The Bombay High Court has issued contempt notices against the founder trustee of Lilavati Hospital – octogenarian Kishore Mehta and his son Rajesh for alleged breach of undertakings given to the court and for allegedly failing to deposit 25% of debt amount, in proceedings filed by HDFC Bank.HDFC claimed the respondents had deposited only Rs 3.68 crore whereas they were supposed to deposit...