Bombay High Court
Law Student Moves Bombay High Court After Professor Tears His Answer Script For Demanding Extra Supplementary Sheets
A law student recently petitioned the Bombay High Court after his answer sheet was torn by a professor as he demanded extra supplements for writing his exams.A division bench of Justices Atul Chandurkar and Rajesh Patil issued notice to the DY Patil Law College at Pimpri. The bench also ordered the authorities to preserve the CCTV footages of the exam hall and also of the principal's cabin, where the incident of tearing of the answer sheet took place. "Issue notice to the respondents, made...
Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court
The Bombay High Court observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) promotes the concept of 'open membership'. Thus, the rejection of membership by a Co-operative Bank based on alleged motives to disrupt its administration, despite the applicants fulfilling all conditions mandated by the MCS Act, was deemed to be a violation of Section 23 of the...
[UAPA] Investigating Agency Cannot Seek Extension Of Time For Filing Chargesheet Citing Lack Of Sanction: Bombay High Court
The Bombay High Court has held that the investigating agency under the Unlawful Activitives Prevention Act (UAPA) cannot seek an extension in filing the chargesheet citing the lack of sanction. A division bench of Justices Revati Mohite-Dere and Gauri Godse held that for filing a chargesheet, there is no requirement of a sanction from the competent authority and the same can be...
Uddhav Faction Candidate Moves Bombay High Court Challenging Election Of Shinde Faction MP Ravindra Waikar
Shiv Sena (Eknath Shinde faction) leader Ravindra Waikar's election to the 18th Lok Sabha has been challenged before the Bombay High Court by an election petition filed by Amol Kirtikar, who lost to the former by a mere 48 votes. Kirtikar, a candidate from the Shiv Sena (Uddhav Balasaheb Thackeray faction) has sought a declaration against the election of Waikar from the Mumbai...
JAO Cease To Have Jurisdiction To Issue Reassessment Notice Outside Faceless Assessment: Bombay High Court
The Bombay High Court has held that the Jurisdictional Assessing Officer (JAO) would cease to have jurisdiction to issue any notice under Section 148A(b) and to take further actions under Section 148A(d) and Section 148 of the Act, outside the faceless assessment.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the JAO did not have the authority to issue...
Bombay High Court Directs Sales Tax Dept. To Refund Rs. 10.70 Crores Excess Paid Under Settlement Scheme
The Bombay High Court has directed the sales tax department to refund Rs. 10.70 crore. The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that, on reading Section 11 of the Settlement Scheme, the defect notice is issued when there is a shortfall in making the payment and not when an applicant has paid the correct amount. The bench noted that the amount payable was...
Bombay High Court Quashes Proceedings Initiated By Customs Authorities For Seizing Jewellery
The Bombay High Court has quashed the proceedings initiated by the customs authorities for seizing the jewelry.The bench of Justice K. R. Shriram and Justice Jitendra Jain has relied on the decision of the Supreme Court in the case of Directorate of Revenue Intelligence vs. . Pushpa Lekhumal Tolani, in which it was held that foreign tourists are allowed to bring into India jewelry even...
Bombay High Court Criticizes RSS Worker For "Thwarting" Rahul Gandhi's Right To Speedy Trial In Defamation Case
The Bombay High Court while granting relief to Rahul Gandhi last week, criticised the complainant - Rajesh Kunte, a worker of the Rashtriya Swayamsevak Sangh (RSS) for unnecessarily protracting the trial and thwarting the Congress leader's right to speedy trial. The case pertains to Gandhi's statement made in a speech made in a political rally in Bhiwandi district during the...
O.21 R. 16 CPC | Transferee Of Property Can Apply For Execution Of Decree Without Separate Assignment Order: Bombay High Court
The Bombay High Court has ruled that the Appellate Bench of the Small Causes Court made a grave error in holding that a transferee of rights in the property needs a separate assignment of the decree for its execution, as it overlooked the Explanation added through the 1977 amendment to Order 21 Rule 16 of the Civil Procedure Code, 1908 (CPC), which clarified that a transfer of property allows...
India's “Richest” Corporation Cannot Act Arbitrarily: Bombay HC Slams BMC For Failure To Provide Rent/Alternative Accommodation To Displaced
The richest civic body in the country cannot act arbitrarily towards its citizens, the Bombay High Court recently said while pulling up the Brihanmumbai Municipal Corporation (BMC) for failing to provide either rent or an alternate accommodation to a project affected person (PAP).A division bench of Justices Mahesh Sonak and Kamal Khata noted that the house of the petitioner before it...
Bombay High Court Releases 18-Yr-Old Who Mowed Down Woman From His Bike, Cites His 'Young Age' And 'Bright Future'
The Bombay High Court on Monday upheld the conviction of a youth under charges of causing death by negligence (304-A of IPC) of a woman, whom he dashed while driving his motorcycle in a rash manner, however, the court ordered his release under the Probation of Offenders Act after noting that he has a "bright future."Single-judge Justice Sanjay Mehare noted that the convict before him, was...
Court Continues To Be Flooded With Cases Where Minority Members Of Housing Societies Hinder Redevelopment Plans On 'Frivolous' Grounds: Bombay HC
The Bombay High Court expressed frustration at the conduct of non-consenting members of a Cooperative Housing Society who refused to vacate their flats despite the approval of a Development Agreement by majority of the Society's members.Justice Arif S. Doctor observed that “The docket of this Court continues to be flooded with several such matters where minority members continue to attempt...