Bombay High Court
Bombay HC To Decide Whether Backward Class Commission Which Recommended 10% Maratha Reservation Should Be Made Party To Challenge
The Bombay High Court on Monday while hearing a bunch of petitions opposing Maratha Reservation was posed with the issue of whether or not to make the Backward Class Commission headed by former judge Justice Sunil Shukre, a party to the petition.A full bench of Chief Justice Devendra Kumar Upadhyay, Justice Girish Kulkarni and Justice Firdosh Pooniwalla initially opined that the Commission need not be made a party. However, it said it will decide the application filed by advocate Subhash Jha,...
Bombay High Court Weekly Round-up: June 24 To June 30, 2024
Nominal Index [Citation 311 - 319]Kapil Suresh Taak v. State of Maharashtra 2024 LiveLaw (Bom) 311M/s Halliburton India Operations Private Limited v. Vision Projects Technologies Pvt. Ltd. 2024 LiveLaw (Bom) 312Mangalam Organics Ltd. v. Patanjali Ayurved Ltd. & Ors. 2024 LiveLaw (Bom) 313XYZ v. State of Maharashtra 2024 LiveLaw (Bom) 314Zainab Abdul Qayyum Choudhary & Ors. v. Chembur Trombay Education Society's NG Acharya and DK Marathe College and Ors. 2024 LiveLaw (Bom) 315Karvy...
Teething Problems Bound To Occur But Robust Judicial System Will Meet All Challenges: Bombay HC Chief Justice On Enforcement Of New Criminal Laws
Chief Justice Devendra Kumar Upadhyaya of the Bombay High Court recently expressed confidence in the robustness of the judicial system to meet challenges in implementing the new criminal laws, which have come into force today.“It is not only a challenge to the judiciary, but to the investigating agencies, to the public prosecutors, to the lawyers community, everyone. But I am confident that we have such a robust judicial system in place that we will be able to meet all the challenges. Though the...
"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child
The Bombay High Court recently granted bail to a man belonging to the LGBTQ+ community booked for trafficking a one year and seven months old child observing that members of the community are vulnerable within prison.Justice Manish Pitale allowed his bail application observing –“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be said to be a person belonging to a category of persons, who are indeed vulnerable, particularly within the...
GST Regime At Nascent Stage; Bombay High Court Quashes Order Rejecting IGST Refund
The Bombay High Court has quashed the order rejecting Integrated Goods and Service Tax (IGST) on the grounds that the order was passed without any reason and without application of mind.The bench of Justice K.R. Shriram and Justice Jitendra Jain have observed that the CGST Commissioner does not have the power to condone the delay, but the writ court does. The bench further observed, “Our judicial conscience does not permit us to reject this cause shown as bogus, particularly in view of the fact...
Transportation Of Machinery From JNPT To Factory Doesn't Constitute Supply, GST Not Payable: Bombay High Court
The Bombay High Court has held that transportation of machinery from Jawaharlal Nehru Port Authority (JNPT) to the factory of the assessee does not constitute supply, and hence GST is not payable.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the first limb of Section 129(1)(a), which provides for a penalty equal to one hundred percent of the tax payable, cannot be invoked in the present case. The State GST Authority in the impugned order has erroneously applied...
Intimate Relationship Between Adults Does Not Justify Sexual Assault On Partner: Bombay High Court While Refusing To Quash Rape Case
“A relationship between two adult individuals does not justify sexual assault by one on his partner”, the Bombay High Court observed while refusing to quash a rape case filed by a woman against her boyfriend.A division bench of Justice AS Gadkari and Justice Dr. Neela Gokhale dismissed a petition seeking the quashing of an FIR and the subsequent charge sheet filed against the...
Discrepancies Between Dates Of Creation And Signing Assessment Order; Bombay High Court Quashes MVAT Order Passed Beyond 4 Years
The Bombay High Court, while noting the discrepancies between the dates of creation and signing of the assessment order, quashed the Maharashtra Value Added Tax Act (MVAT) Order, which was passed beyond the limitation period of 4 years.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the return related to 1st April 2015 to 31st March 2016 and, therefore, a...
Banning Hijab On College Campus Is In Larger Academic Interest, To Avoid Disclosure Of Religion: Bombay High Court While Dismissing Students' Plea
The Bombay High Court on Wednesday observed that the dress code prohibiting students from wearing hijab, nakab, burka, stole, cap etc. on the campus of a Mumbai college is in students' larger academic interest.A division bench of Justice AS Chandurkar and Justice Rajesh S Patil while dismissing a writ petition against the dress code by nine female students NG Acharya and D. K. Marathe College...
Robust System Needed To Prevent Deaths Of Mumbai Local Train Commuters: Bombay High Court
Calling upon the railways to address the alarming number of deaths (5 to 7 per day) occurring on the Mumbai Suburban railway system, the Bombay High Court today said that it may establish a committee of experts to conduct a high-level study on the matter.The court also requested Additional Solicitor General Devang Vyas to assist in the matter on behalf of the Union of India - Railways. A...
Bombay High Court Weekly Round-Up: June 17 To June 22, 2024
Nominal Index [Citation 293 - 310]Glenmark Pharmaceuticals Ltd. v. Gleck Pharma (OPC) Pvt. Ltd. & Ors. 2024 LiveLaw (Bom) 293Pidilite Industries Limited v. Astral Limited 2024 LiveLaw (Bom) 294Saket Abhiraj Jha v. State of Maharashtra & Anr. 2024 LiveLaw (Bom) 295Sarwan Kumar Jhabarmal Choudhary v. Sachin Shyamsundar Begrajka 2024 LiveLaw (Bom) 296Chemco Plast Applicant/Defendant In...
Breaking | Bombay High Court Dismisses Plea Against Hijab Ban By Mumbai's NG Acharya & DK Marathe College Authorities
The Bombay High Court on Wednesday dismissed the plea filed by nine female students challenging the dress code prescribed by the authorities of a Mumbai college, prohibiting students from wearing hijab, nakab, burkha, stole, cap, etc., on campus.A division bench of Justice AS Chandurkar and Justice Rajesh Patil said in open Court, "For the aforesaid reasons, we are not inclined to interfere."...