Bombay High Court
Justice Devendra Kumar Upadhyay Sworn In As Chief Justice Of Bombay High Court
Justice Devendra Kumar Upadhyay took oath as Chief Justice of the Bombay High Court in the Durbar Hall of the Governor’s official residence at Raj Bhavan in Mumbai. CJ Upadhyay was administered oath by the Governor Ramesh Bais in the presence of Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis. On July 6, the Supreme Court Collegium comprising of Chief Justice of...
'Insubordination': Bombay High Court Criticises Additional Sessions Judge For Violating HC Order While Granting Bail To Murder Accused
The Bombay High Court recently criticized an Additional Sessions Judge, Osmanabad citing insubordination and judicial impropriety while dealing with a bail application of a murder accused.Justice RM Joshi of the Aurangabad Bench observed that the Judge entertained and allowed the bail application of the accused despite being aware of previous High Court order granting the accused liberty...
Bombay High Court Half-Yearly Digest: January To June 2023 [Citations 1 - 313]
Nominal Index [Citation 1 – 313]World Phone Internet Services Pvt. Ltd. v. One OTT Intertainment Ltd. In Centre 2023 LiveLaw (Bom) 1Lt. Col. Prasad Purohit v. National Investigation Agency 2023 LiveLaw (Bom) 2Vanashakti and Anr. v. Dharavi Redevelopment Project Slum Rehabilitation Authority and Ors. 2023 LiveLaw (Bom) 3Naresh s/o Netram Nagpure and Ors. v. State of Maharashtra 2023...
'Sheer High Handedness': Bombay High Court Expresses Displeasure Over CWC's Conduct In Handling Father's Case For Child's Custody
The Bombay High Court on Friday expressed the need to train officials of the Child Welfare Committee (CWC), displeased over the manner in which the committee declared a child free for adoption despite the biological father’s pleas for the child’s custody.The court said it would order records of the present case to be placed before the appropriate department for consideration. “Whether...
Centre Notifies Appointment Of Two Additional Judges As Permanent Judges Of Bombay High Court
The Central Government has notified appointment of Additional Judges Justice Anil Pansare and Justice Sandipkumar More as Permanent Judges of the Bombay High Court.Law Minister Arjun Ram Meghwal announced their appointment on Twitter.Earlier this month, the Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna had recommended their...
SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase, while granting bail to a man accused in a murder case,...
[S.52A NDPS Act] Bombay High Court Grants Bail To Accused As Samples Collected In Front Of Magistrate Not Sent For Chemical Analysis
The Bombay High Court granted bail to a 35-year-old man arrested after commercial quantity of Ganja was allegedly seized from his farmhouse, on the ground that the authorities did not send samples collected in front of the Magistrate to the Chemical Analyzer.Justice S. M. Modak observed – “learned Magistrate has taken the inventory and drawn few of the samples as mentioned in the para no....
Bombay High Court To Decide Whether Delay In Filing Appeal U/S 21 NIA Act Can Be Condoned Beyond 90 Days
Can the High Court condone delay and entertain an appeal under section 21 of the National Investigation Agency (NIA) Act for bail even if the application wasn’t filed within the statutory period of 90 days, the Bombay High Court will decide. A division bench of Justice Revati Mohite Dere and Gauri Godse on Wednesday appointed senior advocates Aabad Ponda and Sharan Jagtiani to assist it...
Bombay High Court Quashes Panchayat Resolution Restricting Mobile Tower Construction Over Apprehension Of 'Harmful Radiation'
Observing that the fears expressed by some villagers about harmful radiation from a mobile tower were unfounded, the Bombay High Court has quashed a resolution passed by Chikhalhol Grampanchayat in Sangli District restricting the installation of a mobile tower.A division bench of Justice Sunil B Shukre and Justice Rajesh S Patit held that the Grampanchayat lacked the authority to issue such...
Capital Gains Can’t Be Added As Unexplained Cash Credit For Sale Of Penny Stock: Bombay High Court
The Bombay High Court held that capital gains cannot be added as unexplained cash credit for the sale of penny stock.The bench of Justice K.R. Shriram and Justice Firdosh P. Pooniwalla has observed that since the shares were purchased on the floor of the stock exchange and not from a broker, payment was made through the banking channel, deliverables were taken in the DEMAT account where...
AO’s Duty To Adjust Brought Forward Unabsorbed Depreciation: Bombay High Court Quashes Reassessment
The Bombay High Court, while quashing the reassessment, held that the Assessing Officer had in his possession all the primary facts and it was for him to draw a proper inference as to whether the brought forward unabsorbed depreciation should be adjusted against capital gains or profit and gains from business or profession.The bench of Justice K. R. Shriram and Justice Firdosh P. Pooniwalla...
Don’t Insist On Succession Certificate For Compensation To Deceased Sewage Workers' Kin When There Is No Dispute Among Claimants: Bombay High Court
The Bombay High Court has directed the Thane Municipal Corporation (TMC) not to insist on heirship/succession certificates for grant of compensation to kin of sewage workers who died while cleaning sewers/septic tanks, in cases where there are no disputes among the claimants.A division bench of Justice Dhiraj Singh Thakur and Justice Sandeep V. Marne passed the interim order in a writ...