Bombay High Court
Bombay High Court Monthly Digest: January 2024
Nominal Index [Citation 1 – 51]Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors 2024 LiveLaw (Bom) 1Mirza Himayat Baig v. State of Maharashtra 2024 LiveLaw (Bom) 2M/s. Hindustan Level Employees Union v. M/s. Hindustan Unilever Limited 2024 LiveLaw (Bom) 3ABC v. XYZ 2024 LiveLaw (Bom) 4Hiral Chandrakant Jadhav v. State of Maharashtra 2024 LiveLaw (Bom) 5XXX v. XXXX 2024 LiveLaw...
AO Can't Take Recourse To Re-open Assessment To Remedy Error Resulting From His Oversight In Assessment Proceeding: Bombay High Court
The Bombay High Court has held that the assessing officer cannot take recourse to reopen the assessment to remedy the error resulting from his oversight in the assessment proceeding.The bench of Justice K. R. Shriram and Kamal Khata have observed that the assessment cannot be reopened by reason of the omission or failure on the part of the assessee to disclose fully and truly all material...
Custody Battle: Bombay High Court Pulls Up Father For Making "Hollow Claims" Of Racial Discrimination Against Dutch Ex-Wife And In-Laws
The Bombay High Court took strong exception to a lawyer's accusation of racial discrimination against his ex-wife and her Dutch family in a child custody case.The court allowed the woman to take her daughter back to Netherlands in accordance with orders previously issued by a Dutch Court and the father's undertaking to that court. A division bench of Justices AS Gadkari and Shyam Chandak...
Individual/Minority Members Of Housing Society Can't Invoke Arbitration Clause In Development Agreement: Bombay High Court
The Bombay High Court bench comprising Justice Manish Pitale held that individual and minority members of a society cannot invoke arbitration clauses in development agreements against the developer. The bench held that when a society and its members enter into a development agreement with the developer, the society speaks for its members and the members would lose their independent...
Bombay High Court Chief Justice Appoints Justice AS Chandurkar As Third Judge To Hear Challenges Against 2023 IT Rules Amendment
The Chief Justice of the Bombay High Court has appointed Justice AS Chandurkar to adjudicate the clutch of petitions challenging the 2023 amendment to the IT Rules empowering the government to establish a Fact Check Unit to control information about its business on social media.Justice Chandurkar had to be appointed after the division bench of Justices Gautam Patel and Neela Gokhale...
Will Remove Bollards Obstructing Wheelchair Users On Mumbai Footpaths Within Three Months: Municipal Corporation To Bombay High Court
The Municipal Corporation of Greater Mumbai (MCGM) on Wednesday informed the Bombay High Court that it will remove bollards obstructing wheelchair users from using footpaths within three months.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing a suo motu Public Interest Litigation (PIL) initiated in response to an email highlighting the...
Very Alarming Situation: Bombay HC Calls For Pollution Audit Of Industries In Mumbai's Metropolitan Region To Tacke Air Pollution, Asks PCB To Submit Roadmap
The Bombay High Court on Tuesday directed the Maharashtra Pollution Control Board (MPCB) to consider conducting a pollution audit of all industries in the Mumbai Metropolitan Region (MMR) and submit a roadmap as to how the pollution audit can be conducted.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni, while hearing a suo moto PIL on air...
HSBC Bank Carrying On Bona Fide Banking Business In Mauritius Exempt From Tax In India: Bombay High Court
The Bombay High Court has held that HSBC Bank carrying on bona fide banking business in Mauritius is exempt from tax in India.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that interest arising in a contracting state (India) shall be exempt from tax in that state (in India) provided the income is derived and beneficially owned by any bank carrying on a bona...
IT Rules Amendment: Bombay High Court Asks Centre To Consider Not Notifying Fact Check Unit Until Third Judge's Decision
The Bombay High Court indicatively urged the Union government of India to continue its statement against notifying its proposed Fact Check Unit until the challenge to the 2023 amendment to the IT Rules is decided by a third judge and the judgement is pronounced.Justice Gautam Patel, heading the division bench said that out of courtesy to the third judge the FCU shouldn't be notified. “I...
Exclusive Supervisory Jurisdiction Granted To Court Receiving First Application Under Arbitration Act, Bombay HC Limits Territorial Jurisdiction
The Bombay High Court bench comprising Justice Neela Gokhale held that in cases where an application has been made in a court concerning an arbitration agreement, that court alone possesses jurisdiction over an application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Further, the bench held that even in agreements where no specific seat...
Bombay High Court Upholds Cancellation Of PhD Admission Of Rifle Shooter Who Was Admitted Without Clearing Entrance Test
The Aurangabad bench of the Bombay High Court recently upheld the cancellation of admission of a rifle shooter admitted to the PhD programme of the Marathwada University without clearing the PhD Entrance Test (PET) as a special case on the basis of excellence in national sports events.A division bench Justice Vibha Kankanwadi and Justice SG Chapalgaonkar observed that clearing PET is...