Bombay High Court
Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold Rights
The Bombay High Court has quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights.The bench of Justice K.R. Shriram and Justice Neela Gokhale has observed that if the amount was already considered in the subsequent AY and the assessment order was also passed, the question of escapement of income for the same amount in the previous AY will not arise...
Bombay High Court Quashes Corruption Case Against Forest Officer Upon Finding Forest Dept Was Dictated By Law Dept In Sanctioning Prosecution
The Bombay High Court recently held that the sanctioning authority for a corruption case cannot exercise its power influenced by the dictation of others.Justice Bharati Dangre quashed a corruption case against a Range Forest Officer (RFO) upon observing that the sanction to prosecute him was invalid as the Forrest Department, while of the clear opinion that he couldn't be prosecuted,...
Teacher Allegedly Working In Two Places With Connivance Of Headmaster No Ground To Appoint Administrator Over School: Bombay High Court
The Aurangabad bench of the Bombay High Court recently set aside a state government order appointing an administrator over an Ashram School in Nanded District on the ground that one of the teachers had secured employment elsewhere with the connivance of the headmaster.A division bench of Justice Mangesh S Patil and Justice Neeraj P Dhote held that the order is unsustainable as the reason for...
Court U/S 37 Of The A&C Act Can’t Undertake An Independent Assessment Of Arbitral Award,: Bombay High Court
The High Court of Bombay has held that under Section 37 of the A&C Act, the challenge must be related to the impugned order passed under Section 34 of the Act and not merely to the arbitral award. It held that it is incumbent upon a party to point out errors in the order under Section 34 to make out a case in appeal under Section 37. The bench of Chief Justice Devendra...
Bombay High Court Declines To Restrain Use Of 'ANNA' Trademark, Cites Plaintiff's Stand Of Dissimilarity During Registration Stage
The Bombay High Court recently declined to temporarily restrain a Pune restaurant from using the trademark 'ANNA' in an infringement suit, upon finding that during the registration stage, the plaintiff had told the Trademarks Registry that there was no similarity between his mark 'ANNA IDLI GRUHA' and the defendant's mark 'ANNA. In dismissing the plaintiff's plea for a temporary...
'Producing Undertrials To Court Physically Is Cumbersome': Bombay HC Advocates Use Of VC Facility To Ensure Their Presence
The Bombay High Court recently observed that the physical production of undertrial prisoners to the court can be 'cumbersome', and that their production could be ensured using a Video Conferencing (VC) facility with dedicated links for prison authorities and time schedules communicated in advance.“At various stages it may not be necessary to produce the accused, as production of the...
Bombay HC Rebukes SEBI For Non-Compliance With Court Order, Says Being A Public Body It Must Inspire Confidence Of Investors, Court
The Bombay High Court on Friday pulled up the Securities and Exchange Board of India (SEBI) for not complying with the Court's order directing it to furnish documents concerning proceedings initiated against Bharat Nidhi Ltd (BNL), a company owned by Times Group MD Vineet Jain.A division bench of Justice GS Kulkarni and Justice Jitendra Jain, while directing SEBI to comply with the...
Electricity Connection On Particular Address Not Proof Of Ownership, Legality Of Construction: Bombay High Court
A division bench of Justices Gautam S Patel and Kamal Khata of the Bombay High Court has held that an electricity bill or connection on a certain address is not proof of ownership or legality of construction.An electricity distribution licensee cannot possibly assess questions of title of the property and check if the apartment or units have the necessary planning permissions, the court said....
Bombay High Court Directs Seizure Of SE Oil Products' Soya Bean Oil Upon Finding Trademark Deceptively Similar To Patanjali's Marks
The Bombay High Court recently appointed a court receiver and directed immediate seizure of the refined soya bean oil produced by SE Oil Products Pvt Ltd as its trademark was 'deceptively similar' to the trademark of Patanjali Food Ltd.In an ex-parte ad-interim order, Justice RI Chagla observed that prima facie, SE's trademark was identical to Patanjali's registered trademark “TULSI”...
S.138 NI Act | Offence Can Be Compounded At Initial Stage Without Complainant's Consent, Provided They Are Duly Compensated
The Bombay High Court recently held that a court can compound the offence in check bounce cases without the complainant's consent provided that the accused applied for compounding in the initial stages of the case and the complainant was adequately compensated.Justice Anil Pansare of the Nagpur bench quashed a cheque bounce case against six out of twelve accused subject to the accused...
Bombay High Court Dismisses 20-Year-Old Testamentary Suit In Favor Of Actress Pooja Bedi, Her Aunts
The Bombay High Court dismissed a 20-year-old testamentary suit regarding the estate of actor Pooja Bedi's uncle -Bipin Gupta - after Bedi and her aunts proved that the impugned 'Will,' bequeathing everything to a trust, was a “sham and bogus.”Justice Milind dismissed a petition filed by Vasant Sardal seeking to execute Gupta's alleged Will dated September 4, 2003. Sardal was one of the...
Bombay High Court Orders Dept. To Refund Tax Deposited By HSBC Under Protest
The Bombay High Court has ordered the department to refund the tax deposited by HSBC under protest.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain observed that once the amounts were deposited by the petitioner and retained by the department without the authority of law, the claim of the petitioner for refund could not have been denied. It was appropriate for the petitioner...