Bombay High Court
Bombay HC Takes Cognisance Of Aurangabad Village Children Crossing Backwaters On Thermocol Rafts, Warding Off Snakes To Reach School
Last week the Aurangabad bench of the Bombay High Court took suo motu cognisance of around 15 children from a village in Aurangabad rowing thermocol rafts with makeshift oars to cross one of Maharashtra’s largest dams and reach school. A division bench of Justice Ravindra Ghuge and YG Khobragade took cognisance of a news report published on the front page of Times of India’s...
Christian Members Of OBC Communities Not Entitled To Reservation Unless Specifically Included In State OBC List: Bombay High Court At Goa
The Bombay High Court at Goa recently held that Christian members of a community listed the Goa State OBC list are not entitled to reservation benefits unless the state government specifically notifies the Christian members of the community to be included in the OBC list.A division bench of Justice MS Sonak and Justice Bharat P Deshpande set aside the caste certificate of a Zilla Panchayat...
Bombay High Court Frowns On Lawyer Blaming Junior For Missing Appearance, Orders Him To Gift Book On Constitutional Law To Junior
The Bombay High Court recently expressed displeasure over a lawyer blaming his junior for the dismissal of an appeal due to his missing a courtroom appearance.“We find it most unfortunate that the Appellant’s Advocate on record has sought to lay the blame for non-appearance at the hands of a junior Advocate, who had infact enrolled as an Advocate less than two months before the date on...
Court Can Within The Limited Scope Of Judicial Scrutiny Under Section 11 Of The A&C Act, Examine If Claims Are Frivolous Or Meritless: Bombay High Court
The High Court of Bombay has held that despite the limited scope of judicial scrutiny under Section 11 of the A&C Act, the Court would refuse to appoint the arbitrator when on a prima facie scrutiny of the material on record, it can come to a conclusion that claims sought to be arbitrated are frivolous and meritless. The bench of Justice Manish Pitale refused to appoint an...
Bombay High Court Monthly Digest: August 2023
Nominal Index [Citation 351 – 399]Latif Yusuf Manikkoth v. Board of Directors of the Bank of Baroda and Ors. 2023 LiveLaw (Bom) 351Hanuman S/o Dattarao Karkar and Ors. v. State of Maharashtra 2023 LiveLaw (Bom) 352Chief Executive Officer, Zilla Parishad, Ahmednagar and Anr. v. Suraiyya Rafik Khalifa and Ors. 2023 LiveLaw (Bom) 353The Goa Foundation v. State of Goa and Ors. 2023 LiveLaw...
Bombay High Court Refuses 50% Entitlement Of Beneficial Ownership In Husband's Shareholding By Portuguese Civil Code For 'Deemed Dividend' Taxability
The Bombay High Court has refused 50% entitlement to beneficial ownership in a husband's shareholding under the Portuguese Civil Code for 'deemed dividend' taxability.The bench of Justice Valmiki SA Menezes has observed that Section 2(6A)(e) in the Income Tax Act, 1922, which is similar to the provisions of Section 2(22) of the Income Tax Act, 1961, creates a deeming fiction, by which...
AO Not Justified In Disallowing Part Of The Commission Payment To Indian Hume Pipe: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) was not justified in disallowing part of the commission payment to Indian Hume Pipe.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the mere fact that the assessee, Indian Hume Pipe, establishes the existence of an agreement between him and his agent and the fact of actual payment leaves it to...
Protection Of SC/ST Act Not Limited To States Where Victims Are Recognized As SCs/STs, It Applies Wherever Offence Is Committed : Bombay High Court
The Bombay High Court has ruled that the protection to members of Scheduled Castes or Scheduled Tribes (SC/ST) under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (Atrocities Act) can't be limited to states where they are officially recognized as such.A Full Bench of Justice Revati Mohite Dere, Justice Bharati Dangre, and Justice NJ Jamadar held that even if a...
Bombay High Court Imposes 25K Cost On Kolhapur Municipal Corporation For Making 73 Yrs Old Retired Nurse Litigate For 15 Years For Pension
The Bombay High Court recently imposed cost of Rs. 25,000/- on the Kolhapur Municipal Corporation for making a 73-year-old retired staff nurse to litigate for 15 years for her pension and pensionary benefits.Justice Sandeep V Marne dismissed a writ petition filed by the Commissioner of Kolhapur Municipal Corporation challenging Industrial Court’s order to deposit the pension amount due...
'R. Logo': Bombay High Court Denies Interim Relief To Republic TV In Trademark Infringement Suit Against Rayudu Media
The Bombay High Court has refused interim relief to ARG Outlier Media Private Limited – owner of Republic TV - in a trademark infringement suit against Telangana based Rayudu media over its logo. Justice Manish Pitale dismissed the interim application filed by ARG against using the logo. In the suit filed in March, ARG sought a perpetual injunction against Rayudu Vision Media Ltd from using...
Bombay High Court Appoints Committee To Probe Alleged Illegal Allotments Under Basic Service For Urban Poor Scheme In Kalyan, Dombivali
The Bombay High Court has set up a committee headed by a retired judge for a “thorough” inquiry into alleged illegal allotment of tenements under the Basic Services for Urban Poor scheme being implemented by the Kalyan-Dombivali Municipal Corporation, located just outside Mumbai. Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor observed: “The scheme has a laudable object of...