Jet Airways Funds Not Used For Personal Expenses, Family Members Drew Salaries With Approval Of Central Govt: Naresh Goyal To Bombay HC

Jet Airways founder Naresh Goyal has claimed that his family members received salaries in their capacity as employees of Jet Airways, countering Canara Bank’s allegation that he siphoned off funds from Jet Airways by paying for personal expenses such as salaries of staff, phone bills and vehicle expenses of the Goyal family.“Family members of the Petitioner were being paid salaries and...

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut : Bombay High Court In Bhima Koregaon Case

Observing that the material against forest rights activist Mahesh Raut couldn’t lead to a prima-facie inference that he had indulged in a ‘terrorist act’ under Section 15 of the Unlawful Activities (Prevention) Act 1967, the Bombay High Court granted him bail in the Bhima Koregaon – Elgar Parishad larger conspiracy case. “We are of the prima-facie opinion that on the basis of...

Bombay High Court Rejects Mehul Choksi's Challenge To ED’s Application Seeking His Declaration As A Fugitive Economic Offender

The Bombay High Court on Thursday rejected an application filed by businessman Mehul Choksi challenging an application filed by the Enforcement Directorate (ED) to declare him a fugitive economic offender (FEO) in the Punjab National Bank fraud case.Justice Sarang V Kotwal observed that the ED’s application complied with the form and manner prescribed in the Fugitive Economic Offenders...

Bombay High Court Upholds Constitutional Validity Of Goa Green Cess Act For 'Reduction Of Carbon Footprint'

The Bombay High Court at Goa recently upheld the constitutional validity of the Goa’s Green Cess Act which enables the state government to collect cess on the utilisation of pollution causing hazardous products and uses it to reduce the effects of carbon footprint in the State.The Act is called The Goa Cess on Products and Substances Causing Pollution (Green Cess) Act, 2013 or the Green...

Bhima Koregaon Case: Bombay High Court Grants Bail To Mahesh Raut, Stays Bail For One Week At NIA's Request

No Materials Prima Facie Indicating UAPA Offences Against Mahesh Raut : Bombay High Court In Bhima Koregaon CaseThe Bombay High Court granted bail to Mahesh Raut an accused in the 2018 Bhima Koregaon – Elgar Parishad larger conspiracy case making him the sixth person to get bail in this case. However, the High Court stayed the order granting bail for one week at the request of the...

Families Visiting Ancestral Village During Ganpati Festival Common Practice In Maharashtra, Not Copyrightable Theme: Bombay High Court

The Bombay High Court recently held that there can be no copyright in the theme of ‘families going to their ancestral village in Konkan during the Ganpati festival’ because in Maharashtra, family members do visit their ancestral places during Ganpati festival.Justice Manish Pitale made this observation while refusing to stay the release of a web series titled “Devak Kalji” in a...

IBC | Bombay High Court Issues Notice To Attorney General Of India In Petition Challenging Provisions On Resolution Professional

The Bombay High Court recently issued notice to the Attorney General of India R Venkataramani in a writ petition challenging the constitutionality of Sections 7(5), 9(5) and other sections of the Insolvency and Bankruptcy Code, 2016.Sections 7 and 9 deal with application of corporate insolvency resolution process (CIRP) by a financial creditor and an operational creditor respectively. As...

Bombay High Court Quashes Re-Assessment Order Based On Change Of Opinion Without Any Tangible New Information

The Bombay High Court has quashed the reassessment order based on a change of opinion without surfacing any tangible new information.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that the petitioner has fully and truly disclosed all material facts necessary for the purpose of assessment. The AO issued the first assessment order after carefully scrutinising...

S.42 NDPS Act | No Reason For Search After Sunset Without Warrant: Bombay HC Grants Bail To Man Booked For Alleged Possession Of 50 Kgs Ganja

The court observed that the officer did not record reasonable belief that obtaining a warrant would allow the offender to escape.

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court

The Bombay High Court recently held that a claimant in a motor accident case is not obligated to claim compensation from owner of the vehicle he was travelling in and is allowed to only seek compensation from owner of the other vehicle involved in the accident.Justice Sandeep Marne observed that in cases of composite negligence, the claimant has the right to sue only one of the...

Bombay High Court Weekly Round-Up: September 11 To September 17, 2023

Nominal Index [Citation 427 - 442]Iqra Maqsood Ahmed Ansari v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 427Union of India and Anr. v. Umraobi W/o Saiyed Munir and Ors. 2023 LiveLaw (Bom) 428Shri Durga Parmeshwari Seva Mandal & Ors. v. Municipal Corporation of Greater Mumbai & Ors. 2023 LiveLaw (Bom) 429Ashwin Bharat Khater v. Urvashi Bharat Khater 2023 LiveLaw (Bom) 430ABC v....

DRP Can Give Directions Only In Pending Assessment Proceedings: Bombay High Court

The Bombay High Court has held that the Dispute Resolution Panel (DRP) could give directions only in pending assessment proceedings.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that once an assessment order is passed, rightly or wrongly, the assessment proceedings come to an end. Therefore, the DRP would have no power to pass any directions contemplated...