Bombay High Court
Bombay High Court Halts Maharashtra Govt's Demolition Drive In Communal-Violence Hit Vishalgadh Fort Area Of Kolhapur
The Bombay High Court on Friday pulled up the Maharashtra government for demolishing around 70 structures in the Vishalgadh fort area in Kolhapur where communal violence broke out between two groups on July 14.A communal violence broke out between Hindus and Muslims in Vishalgadh fort area on July 14 and from July 15 itself the State's Public Works Department (PWD) initiated demolition process in the disturbed area, pulling down houses, shops etc., the court was told. While the Maharashtra...
Seven Additional Judges Of Bombay High Court Made Permanent; Fresh One-Year Term For Two Additional Judges
The Central government on Friday notified the appointment of seven additional judges of the Bombay High Court as permanent judges.Union Law Minister Arjun Ram Meghwal made the announcement on X, formerly Twitter.Notably, two other additional judges have been granted a fresh term of one year as additional judges, effective from October 7.The judges appointed as permanent judges are Justices SG Chapalgaonkar, MM Sathaye, Neela Kedar Gokhale, YG Khobragade, MW Chandwani, AS Waghwase, and RM Joshi....
Maharashtra's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby 'Unconstitutional': High Court
The Bombay High Court has held that Maharashtra government's decision exempting private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school, is "unconstitutional".The decision was taken by the State this year by amending the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011.A division bench of Chief Justice Devendra Upadhyaya and...
Bombay High Court Criticizes Maharashtra Govt For Its "Mindset" To Curtail Liberty Of Undertrial
The Bombay High Court on Thursday criticised the Maharashtra Police for its "mindset" to curtail the liberty of undertrials, who have served more than half of the possible maximum punishment they may be handed over after conviction.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale said in a democracy the police cannot give an impression that it is a Police State.The observations were made while granting bail to one Kartik Prasad, booked under charges of fraud, forgery and the...
Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court
A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section 304-B of the IPC) cannot be equated with a 'murderer' as prescribed under Section 25 of the Hindu...
JAO Not Empowered To Issue Section 148A(b) Notice Under Faceless Assessment: Bombay High Court
The Bombay High Court has held that it was not permissible for the Jurisdictional Assessing Officer (JAO) to issue a notice under Section 148A(b), as the same would amount to a breach of the provisions of Section 151A of the Income Tax Act.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the notice was invalid and bad in law being issued by the JAO as the same was not in accordance with Section 151A of the Income Tax Act.The petitioner/assessee has...
Section 148A(d) Order Passed Without Section 151 Sanction Is Illegal: Bombay High Court
The Bombay High Court has held that if an order is passed under Section 148A(d) of the Income Tax Act in the absence of an appropriate sanction in terms of the provisions of Section 151 of the Income Tax Act, the order and the consequent notice under Section 148 would be required to be declared illegal.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that a sanction for passing an order under Section 148A(d) was required to be obtained under clause (ii) of...
Investment Allowance Available On Exchange Rate Fluctuation: Bombay High Court
The Bombay High Court has held that investment allowance is available on exchange rate fluctuations.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has relied on the decision of the Supreme Court in the case of Commissioner of Income-Tax vs. Ambika Mills Ltd., in which it was held that investment allowance, consequent to exchange rate fluctuation, would be...
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,...
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...