Bombay High Court
Defect Notice Caused No Prejudice Since Last 30 Years, Assessee Clearly Understood Purport Of Notice: Bombay High Court
The Bombay High Court has held that even assuming that there was a defect in the notice, it had caused no prejudice to the assessee, and the assessee “clearly understood” what the purport and import of the notice were under Section 274 read with Section 271 of the Income-tax Act, 1961. The principles of natural justice cannot be read in abstract form.The bench of Justice G. S. Kulkarni...
Can't Condone Everything By Taking Money: Bombay HC Criticizes BMC For Defending Stacked Parking Allegedly Violating Fire Safety Norms
The Bombay High Court on Friday took strong exception against the civic body's responses to a potential fire hazard owing to stacked parking, blocking the access to a building in Borivali.A division bench of Justices Gautam Patel and Kamal Khata orally remarked,"...We know of no principle in law by which the fire safety of those living in buildings of less than 13 floors can be said to be...
Relationship Seems Out Of Attraction, Not Assault Out Of Lust: Bombay HC Grants Bail To Man Accused Of Kidnapping, Raping 13-Yr-Old Girl
The Bombay High Court has granted bail to a man accused of raping a 13-year-old child observing that they had a love affair, and the alleged sexual relationship appears to be out of attraction and not lust.Justice Urmila Joshi-Phalke of the Nagpur Bench observed that the girl stated that she voluntarily left her house and stayed with the accused who is also of a 'tender' age of 26 years....
Bombay High Court Seeks Govt's Response On Plea For Appointment Of Custodians To Receive Living Wills
The Bombay High Court today directed the Maharashtra government, the Union and the BMC to file their responses to a public interest litigation (PIL) highlighting the State's failure to create proper mechanisms for people to complete the process of making living wills and to die with dignity.The bench comprising Justices Devendra Kumar Upadhyaya and Arif Doctor sought for responses to be...
Bombay High Court Digest On IPR 2023
Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark Case Title: Abdul Rasul Nurallah Virjee and Anr. v. Regal Footwear Citation: 2023 LiveLaw (Bom) 12 The Bombay High Court temporarily restrained Pune's Regal Footwear from using the mark 'Regal' in a trademark infringement suit filed by owners of Mumbai's Regal Shoes. Justice R. I....
“Possible Unemployment Of Workers No Ground To Continue Business”: Bombay HC Allows General Motors To Close Plant Over ₹9656 Crore Loss
The Bombay High Court recently upheld Industrial Tribunal's order allowing automotive manufacturing company General Motors to close its plant in Talegaon, Maharashtra, after noting accumulated loss of Rs. 9656.87 Crores till 2022.Justice Milind Jadhav dismissed two writ petitions by General Motors Employees Union challenging Industrial Court's orders allowing General Motors India Private...
Appellate Authority Must Not Keep Cases Pending Indefinitely, Can't Cause Situation Of 'Operation Successful, Patient Dead': Bombay High Court
The Bombay High Court on Wednesday admonished the State government, the appellate authority against drugs licence suspension orders, stating that a decision must not be kept pending for so long that it becomes a case of 'operation successful, patient dead'.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla observed that the inaction in deciding the appeals and...
Uddhav Thackeray-Led Faction Member Gets Anticipatory Bail For Alleged Obscene Comment On Maharashtra CM Eknath Shinde
A sessions court in Dindoshi recently granted anticipatory bail to Uddhav Thackeray-led faction member - Hemant Palav – booked for 'insulting the modesty' of a member from the opposing Shiv Sena faction led by CM Eknath Shinde.Additional Sessions Judge Ashish Ayachit refused to comment on the merits of the case except to hold that custodial interrogation of the accused wasn't required....
“Shocking”: Bombay High Court Stays Demolition Notice Of Sai Resort In Relief To Close Aide Of Shiv Sena (UBT) MLC
Observing that the facts of the case were prima facie “shocking,” the Bombay High Court has stayed the notice to demolish 'Sai Resort' in Raigad district owned by Sadanand Kadam, a close aide of Shiv Sena (UBT) faction member and former Maharashtra cabinet minister – MLC Anil Parab.“It is clarified that no coercive steps shall be taken against the Petitioner's construction on the...
Bombay High Court Family Law Digest 2023
Wife's Refusal For DNA Test No Ground for Adverse Inference For Maintenance – Bombay High CourtCase Title: Namdeo s/o. Digambar Giri v. SeemaCitation: 2023 LiveLaw (Bom) 16The Bombay High Court dismissed a man's petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity...
Bombay High Court Weekly Round-Up: January 1 To January 7, 2024
Nominal IndexA v. B 2023 LiveLaw (Bom) 620Mohammed Ejaj Shaikh Ismail v. State of Maharashtra 2023 LiveLaw (Bom) 621Fresenisu Kabi Oncology Ltd. v. State of Maharashtra 2023 LiveLaw (Bom) 622Gurudas Balasaheb Raut And Ors. v. State Of Maharashtra 2023 LiveLaw (Bom) 623Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors 2024 LiveLaw (Bom) 1Mirza Himayat Baig v. State of Maharashtra...
BREAKING | Eknath Shinde Faction Is The Real Shiv Sena, Uddhav Thackeray Had No Power To Remove Him: Maharashtra Speaker
The Maharashtra Legislative Assembly Speaker Rahul Narwekar today held that Eknath Shinde led faction was the real Shiv Sena when the rival faction emerged within the party on June 22, 2022. He has refused to disqualify any member from both the factions, led by Shinde and Uddhav Thackeray.Both the factions had filed 34 petitions against each other before the speaker in 2022, seeking...