Bombay High Court Weekly Roundup: January 31 To February 6, 2022

Case Title: Ajay Kumar v Directorate of Enforcement

Citation: 2022 LiveLaw (Bom) 27

The Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 which were declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India (2018) 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018.

In doing so, the division bench has departed from the view earlier expressed by a single bench of the Bombay High Court in Sameer M. Bhujbal Vs. Assistant Director, Directorate of Enforcement.

2. Loss of Ability to Perform Work Undertaken By Workman Prior to Accident Qualifies as 100% Loss Of Earning Capacity : Bombay HC

Case Title: Reliance General Insurance Co Ltd v Keshar Gopal Singh Thakur

Citation: 2022 LiveLaw (Bom) 28

The Bombay High Court reiterated that the work that a victim was performing before the accident has relevance to the determination of the question as to whether he is permanently incapacitated to perform the work.

The Court observed that the distinction between physical disability and functional disability has to be kept in mind while determining whether the applicant has suffered 100% loss of income.

3. Sabka Vishwas Scheme - Enquiry Initiated After Deadline Will Not Bar Filing Of Voluntary Disclosure :Bombay HC

Case Title: UCC Infrastructure Pvt. Ltd. v. Union of India

Citation: 2022 LiveLaw (Bom) 29

The Bombay High Court ruled that initiation of investigation by the Goods and Services Tax authorities after June 30, 2019 – deadline for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) – cannot be a bar for the authorities to consider a declaration filed by a party under the SVLDR scheme.

Navi Mumbai based UCC Infrastructure Pvt. Ltd, had on September 9, 2019, filed an Electronic Declaration form under SVLDRS-1 on the website of Central Board of Excise and Customs website under 'voluntary category' which was rejected on the ground that investigation against the petitioner had been initiated before they opted for the said scheme.

Important Updates

1. 'Shocking': Bombay HC Takes Suo Motu Cognisance Of Dangerous Boat & Forest Journey For Young Girls Of Maharashtra Village To Reach School

The Bombay High Court took suo motu cognisance of a "shocking" news report about the pitiable conditions in which young girls from a village in Satara District in Maharashtra are forced to take the arduous journey to school, in a boat and then through a dense forest.

"..the laudable moto 'beti bachao, beti padhao' can be achieved only by providing a safe passage and a friendly atmosphere and environment for the girl children by the State," the bench of Justices Prasanna Varale and Anil Kilor observed and directed the High Court Registry to place the matter before the appropriate bench.

2. "Irresponsible Social Media Use Rampant" - Mumbai Court Directs Clubhouse App Case Accused to Undergo Counselling

Case Title: Yash Sanjay Kumar vs the State of Maharashtra

Observing that irresponsible use of social media is rampant among youngsters, a Metropolitan Magistrate's court directed law student Yash Kumar, accused in the Clubhouse App Case, to undergo counselling for appropriate general and social media behaviour.

"…Irresponsible use of social media is rampant. People and particularly the young generation in their teens [are] ignoring etiquettes and mannerism insulting every member of society and every corner of social life, including religion, race, gender, etc." Metropolitan Magistrate Komal Singh Rajput observed in the order granting him bail.

3. Mumbai Court Summons West Bengal MP Mamta Banerjee in Complaint About Insult to National Anthem

Case Title: Vivekanand Gupta vs State of Maharashtra

A Metropolitan Magistrates Court in Mumbai issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem.

The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that while still seated, Banerjee began singing the National Anthem. She then stood up, sang a few more lines, and abruptly left the dais in contravention of Section 3 of the Prevention of Insults to National Honour Act 1971, the complaint alleged.

4. Death Due To Alleged Side Effects Of Covid Vaccine: Doctor's Father Files Plea In Bombay HC, Seeks Rs 1,000 Crore Compensation

A petition in the Bombay High Court filed by the father of a medical student seeks Rs 1,000 crore compensation alleging that his daughter died due to side effects of the Covid-19 vaccine.

The respondents in the plea include Covishield vaccine manufacturer Serum Institute of India, its partner Bill Gates along with State and Union Authorities.

Petitioner Dilip Lunawat claims that his daughter Snehal Lunawat, a senior lecturer at a Medical College in Nagpur took the Covishield vaccine on January 28, 2021 and died due to it's side effects a month later on March 1, 2021.

Case Title – Dilip Lunawat vs State of Maharashtra

5. "I Had No Choice," Anil Deshmukh Sent Unofficial List Of Officers For Transfers And Postings : Principal Advisor To The Chief Minister Sitaram Kunte To ED

Principal Advisor to the Chief Minister of Maharashtra -Sitaram Kunte, earlier the Additional Chief Secretary (Home) accepted before the Enforcement Directorate that then Home Minister Anil Deshmukh would send "unofficial lists" of names of police officers for transfers and postings in Maharashtra, a record of which was not officially maintained.

Kunte's statement is part of the Enforcement Directorate's supplementary charge sheet against Deshmukh, who was arrested on November 2, 2021, and is currently in judicial custody. Apart from Deshmukh, his sons Hrishikesh and Salil, Bhavik Panjwani, and eight companies that allegedly laundered money are also named in "bribe money laundering case." Fourteen others were earlier named in the charge sheet.

6. Anil Deshmukh, Maharashtra CM Uddhav Thackeray & Son Aditya Instructed Me To Reinstate Waze: Param Bir Singh To ED

Param Bir Singh, former Mumbai Police Commissioner, told the Enforcement Directorate that he received instructions not only from then Home Minister Anil Deshmukh but also from Chief Minister Uddhav Thackeray and his son and a Cabinet Minister Aditya Thackeray on the point of reinstating tainted cop Sachin Waze back to the Mumbai Police.

Singh's statement is part of the chargesheet filed by the Enforcement Directorate investigating a money laundering case against Deshmukh.

7. "Possibility Of Economic Dealing": Sessions Court Rejects Bail Plea Of BJP MLA Nitesh Rane In Attempt To Murder Case

A Sessions Court at Kankavali, Sindhudurg, has rejected the bail application filed by Nitesh Rane, Bhartiya Janata Party's local MLA and Union Minister Narayan Rane's son.

"Two accused are still absconding. There is a possibility of economic dealing/exchange of money. Therefore, for effective investigation of the offence, the custodial interrogation of the applicant is necessary. Furthermore, 11 criminal cases are shown to be registered against the applicant including offence against public servants. Therefore, considering the facts and circumstances of the case and the incomplete investigation, the custodial interrogation of the applicant is necessary," the judge observed.