Bombay High Court
44 Years After Railway Accident, Bombay High Court Upholds ₹51K Compensation To Mother Of Deceased
The Bombay High Court recently upheld an award of compensation of Rs. 51,000 to the mother of a 24-year-old man who died in a railway accident 44 years ago involving the collision of a truck and a train engine.Justice PK Chavan observed that the accident was caused due to the negligence of railway staff.“It is clearly an act of negligence on the part of the employees of the appellants as...
Bombay High Court Imposes ₹3 Lakh Cost On Scrutiny Committee For Delay In Issuing Student’s Caste Validity Certificate
The Bombay High Court recently imposed cost of Rs. 3 Lakhs on the Chairperson and members of District Caste Certificate Scrutiny Committee, Mumbai Suburban for "extreme stress and inconvenience" caused to a student due to delay in issuance of her caste validity certificate.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla held that the delay, solely attributable to...
Bombay High Court Quashes Reassessment Notice Issued After 3 Years Without Proper Approval
The Bombay High Court has quashed the reassessment notice issued after 3 years without proper approval.The bench of Justice K.R. Shriram and Justice N. K. Gokhale has observed that the approval of the specified authority in terms of Section 151(ii) of the Income Tax Act is a jurisdictional requirement, and in the absence of complying with this requirement, the reopening of assessment...
Bombay High Court Directs Dept. To Refund TDS Amount Deposited By Assessee Under Protest
The Bombay High Court, while invoking the doctrine of unjust enrichment, directed the department to refund the TDS amount deposited by the assessee under protest.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that technically, even though the amount deposited by the petitioner would be called ‘tax deductible at source’, what the petitioner paid was ‘an ad...
Time To Bury Pernicious Practice Of Submitting Information In 'Sealed Cover': Bombay High Court
Taking a firm stance against practice of parties submitting information in sealed cover to the court, the Bombay High Court recently refused to accept Income Tax returns and financial statements of a developer in a sealed cover and directed it to file an affidavit for the same.A division bench of Justice GS Patel and Justice Kamal Khata observed that no court shout permit a litigant...
Bombay High Court Dismisses Shiv Sena (UBT) MLA Ravindra Waikar's Plea Against BMC Order Revoking Hotel Permission
The Bombay High Court on Monday dismissed the petition filed by MLA Ravindra Waikar from Shiv Sena (Uddhav Balasaheb Thackeray) party regarding cancellation of permission granted to him and four others to build a luxury hotel in Mumbai.The order was passed in chambers by a bench headed by Justices Sunil Shukre and Rajesh Patil. "We find that there are no malafides or any lapses on the part...
Phone Tapping Case: Bombay High Court Quashes Two FIRs Against IPS Officer Rashmi Shukla
The Bombay High Court on Friday quashed two FIRs against senior Indian Police Service (IPS) officer Rashmi Shukla accused of allegedly tapping politicians' phones between 2015- 2019 when the previous BJP led alliance was in power in the state.Justices AS Gadkari and Sharmila Deshmukh quashed the FIRs after Advocate General Birendra Saraf informed the bench that Mumbai Police was refused...
Bombay High Court Directs Video Sharing Platform Triller To Pay USD 300,000 To Zee Entertainment For Use Of Copyrighted Music
The Bombay High Court on Thursday directed video sharing platform Triller to pay unpaid dues of USD 300,000 (approximately Rs. 2,44,26,480) to Zee Entertainment Enterprises Limited for use of its copyrighted music.Justice Kamal Khata in Zee's suit for recovery of the amount observed that Triller has a history of litigations in the United States and might attempt to dispose of its assets in...
No Teachers, Principal In College; Classrooms Had Toys: Bombay High Court Upholds Marathwada University's Decision To Withdraw Affiliation
The Bombay High Court recently upheld Marathwada University’s decision to withdraw the affiliation of Shri Tulja Bhavani Arts and Science College, Aurangabad, due to severe lack of academic and infrastructural facilities.A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme at Aurangabad, in a writ petition against the university’s decision, observed that there...
Bombay High Court Factors In Mother-In-Laws's Occupation Of Sweeper, Responsibility Towards Grandchildren To Stay Conviction In Dowry Death Case
The Bombay High Court recently stayed the conviction of one Chanda Ram Shivsharan, a sweeper at Solapur Municipal Corporation in a dowry death case.Justice MS Karnik, while staying her conviction for the death of her daughter-in-law, observed that she is a Class IV employee who is responsible for her two minor grandchildren.“Though the Applicant is convicted, however considering the nature...
'Infructuous': PIL Challenging Appointment Of CBI Director Withdrawn From Bombay High Court
A PIL challenging the appointment of IPS officer Subodh Kumar Jaiswal as the Director of the Central Bureau of Investigation was withdrawn after the Bombay High Court was informed the officer’s term had ended rendering the PIL infructuous. The position is now held by IPS officer Praveen Sood.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor dismissed...
Guardianship Of Major Child Suffering From Mental Retardation Can Be Granted U/S 7 Of Guardians & Wards Act: Bombay High Court
Noting a lacuna in the law for mentally retarded persons, the Bombay High Court extended the scope of Section 7 of the Guardians and Wards Act 1980 to allow guardianship of an adult suffering from mental retardation.Justice Riyaz Chagla observed that provisions of the Mental Health Act, both the repealed and the existing Acts, did not cover mental retardation under the definition of...