Asset Deposited By Corporate Debtor As Security Before CIRP Commencement Continues To Be Asset Of Corporate Debtor: Bombay High Court

The Bombay High Court bench of Justices B.P. Colabawalla and Somasekhar Sundaresan has held that monies or any other asset deposited by a corporate debtor in court prior to commencement of CIRP by way of security would continue to be the asset of the corporate debtor.Brief Facts:The Appellant (Corporate Debtor) was directed to pay Rs. 12 lakh as damages along with interest at the rate of 24%...

Taxpayers Can't Seek Writ Remedy By Bypassing Statutory Requirements Of Pre-Deposit: Bombay High Court

The Bombay High Court held that circumstances in which the appeals require some percentage of the demanded tax to be pre-deposited, do not render the appellate remedies any less efficacious.The High Court held so while considering an issue as to whether the demands are covered under the exemption notification or the notification providing for nil rate of taxes. The Division Bench of Justice M S Sonak and Justice Jitendra Jain observed that the practice of instituting petitions bypassing the...

Customs Act | Interest U/S 28AA Is Automatic When There Is A Default Or Delay In Payment Of Duty: Bombay High Court

The Bombay High Court ruled that the demand for interest u/s 28AA of the Customs Act raised for non-payment of demand, within three months of raising the demand, is properly tenable on the part of the Customs Authority.Interest u/s 28AA is automatic, when there is a default or delay in payment of duty, added the Court. Section 28AA of the Customs Act provides that any judgment, decree, order...

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute (Income tax Act) for granting any relief, by assuming jurisdiction under Article 226 of the Constitution.Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division Bench...

High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons...

Crackdown On Any Attempts To Install Illegal Hoardings After Election Results: Bombay High Court To State, Heads Of Police

The Bombay High Court has directed the State government, District heads of police and Director General of Police to be 'vigilant' against illegal hoardings after the declaration of State assembly elections and take action against any attempts to erect illegal hoardings and banners by political parties and its supporters.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice...

Bombay High Court Dismisses PIL Challenging ECI's Directive Prohibiting Mobile Phones In Polling Booths

The Bombay High Court has refused to provide relief in a Public Interest Litigation (PIL) challenging the directions of the Election Commission of India (ECI) that prohibited voters from carrying mobile phones in the polling booths.The PIL was filed by one Ujala Shyambihari Yadav, who claimed to be an 'active member" of the Maharashtra Navnirman Sena (MNS). The petitioner challenged the...

Bombay High Court Weekly Round-Up: November 11 - November 17, 2024

Citations 2024 LiveLaw (Bom) 580 to 2024 LiveLaw (Bom) 593Nominal Index:Naresh Goyal v. ED, 2024 LiveLaw (Bom) 580Onkar Kalmankar vs Public Information Officer, 2024 LiveLaw (Bom) 581Ashish Kishor Gadkari vs Election Commission of India, 2024 LiveLaw (Bom) 582M/S. Truly Pest Solution Private Limited vs. Principal Chief Mechanical Engineering, 2024 LiveLaw (Bom) 583Radhabai Shirke vs...

PIL In Bombay High Court Challenges Temporary Appointment Of DGP Till Completion Of State Assembly Elections

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the State government's order appointing the Director General of Police, Maharashtra, on a temporary basis till the completion of State Assembly Elections 2024.The petitioner, Pratul Ramchandra Bhadale, an advocate, challenges the State government's order dated 05 November 2024, in which Sanjay Kumar Verma...

Exporter Can't Be Denied Interest On Refund U/S 56 Of CGST Act For Period Of Delay Attributable To Revenue Dept: Bombay High Court

The Bombay High Court recently clarified that an exporter (Petitioner) is entitled to interest u/s 56 of the CGST Act for the period starting from the expiry of 60 days from the date of filing the shipping bill up to the date of grant of refund, although during the interregnum, the exporter's name was red flagged on the Customs' portal.The High Court held so while considering the prayer...

Bombay High Court Permits Offering Of Flowers At Shirdi Sai Baba Temple, Says They Should Be Purchased From Farmers & Sold At Reasonable Rates

The Aurangabad bench of the Bombay High Court on Friday (November 14) while permitting the Shri Saibaba Sansthan, Shirdi to resume the practice of offering flowers to Sai Baba in the temple, directed that flowers must be made available for devotees for offering at a reasonable price. The court further said that no devotee must be harassed or extorted by selling flowers at exorbitant...

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of...