Bombay High Court
Man Deboards Train On Fire, Gets Hit On Adjacent Track: Bombay High Court Grants ₹8 Lakh Compensation To Kin
The Bombay High Court recently awarded compensation to parents of a train accident victim who had gotten out of his train due to fire in the bogie and died after getting hit by another train on the adjacent track.Justice MS Jawalkar of the Nagpur bench observed that the deceased and other passengers would not have had to get down from the train if not for the fire and smoke in the...
Bombay High Court Directs Formation Of Committee To Resolve Problems Of Female Lawyers, Litigants, And Staff In Maharashtra Courts
The Bombay High Court today directed a committee to be formed within two weeks for addressing infrastructural and security issues faced by female lawyers, litigants, and staff in Maharashtra's courts. The committee has to conduct survey and submit its report within four weeks.A Bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor directed that the committee shall comprise...
Sandeep Gadholi Alleged Fake Encounter: Bombay High Court Grants Bail To Ex-Model Divya Pahuja After Almost 7 Years
The Bombay High Court recently granted bail to ex-model Divya Pahuja, a prime accused in the alleged fake encounter of gangster Sandeep Gadholi in 2016. Pahuja, who is booked for conspiracy along with policemen from Haryana is alleged to have provided Gadholi's whereabouts that led to his death. She was with him at the time of the incident. Justice PD Naik considered Pahuja's...
Bombay High Court Imposes Rs.50,000 Cost For Last Minute Application For Stay On LOCs To Travel Abroad
The Bombay High Court has imposed an Rs. 50,000 cost for a last-minute application for a stay on Look Out Circulars (LOCs) to travel abroad; however, the interim stay was granted on an LOC issued at the instance of the CBI.The bench of Justice G.S. Patel and Justice Neela Gokhale observed that the parties seeking to stay on any Look Out Circular (LOC) are required to apply to the Court in...
Capital Gain To Be Taxed In Singapore: Bombay High Court Allows Capital Gains Exemption To FII
The Bombay High Court has granted the capital gains exemption to Foreign Institutional Investors (FII).The bench of Justice K.R. Shriram and Justice Firdosh P. Pooniwalla has observed that Singapore authorities have themselves certified that the capital gain income would be brought to tax in Singapore without reference to the amount remitted or received in Singapore. The AO could not have come...
Bombay High Court Weekly Round-Up: June 19 To June 25, 2023
Nominal Index [Citation 283 - 296]Dattaram Govind Naik v. State of Goa 2023 LiveLaw (Bom) 283Ranjana Pagar-Gawande v. Nivrutti Kashinath Deshmukh and Ors. 2023 LiveLaw (Bom) 284JIV Maitri Trust v. Union of India & Ors. 2023 LiveLaw (Bom) 285Darshan Subhash Nandagawali v. State of Maharashtra 2023 LiveLaw (Bom) 286S S Hemani v. Reserve Bank of India & Ors 2023 LiveLaw (Bom) 287I Am...
Pressurising Someone To Give Up Demand For Repayment Of Money Is Not 'Extortion' As Per Section 383 IPC : Bombay High Court
Threatening someone to make him give up his demand for repayment of his money does not amount to extortion, the Bombay High Court held while quashing an extortion case by Kailash Agarwal, owner of the Avighna Group, against Worli businessman Hemant Banker. Agarwal had alleged that gangster Vijay Shetty threatened him on the behest of Hemant or his son Rupin Banker.“…this threat was not...
Central Government Pensioner Not Entitled To Medical Reimbursement Beyond CGHS Rates When No Referral Memo Obtained: Bombay High Court
The Bombay High Court recently held that a retired central government employee, who did not obtain prior approval for treatment, is not entitled to medical reimbursement above Central Government Health Scheme (CGHS) rates.A division bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep V Marne dismissed a widow’s writ petition seeking reimbursement for the entire medical...
Bombay High Court Refuses 15-Yr-Old To Terminate Pregnancy After Medical Board Says There Is Every Chance Child Will Be Born Alive
The Bombay High Court refused to allow a 15-year-old ‘rape victim’ to medically terminate her 28- week pregnancy on the ground that the child would be born alive and may face medical complications. Instead, the bench asked her to continue with her pregnancy for the remaining 12 weeks and deliver the baby through a shelter home. A division bench at Aurangabad comprising Justices Ravindra...
No Failure On Citibank To Disclose Income: Bombay High Court Quashes Reassessment
The Bombay High Court has held that where the notice has been issued after the expiration of four years, the onus is on the Assessing Officer to show that income chargeable to tax has escaped assessment by reason of the failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment for that assessment year.The bench of Justice K. R. Shriram...
AO Can Make Reference To TPO Only After Selecting Case For Scrutiny Assessment: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) can make reference to the Transfer Pricing Officer (TPO) under Section 92CA of the Income Tax Act only after selecting the case for scrutiny assessment.The bench of Justice K.R. Shriram and Justice M.M. Sathaye has observed that when the reference was made to the TPO by the Assessing Officer for determination of arm’s length...