Bombay High Court
Bombay High Court Refers To Larger Bench Question On Applicability Of RDB Act To Recovery Proceedings By State Co-operative Banks
The Bombay High Court has referred for consideration by a larger Bench the question of whether recovery proceedings initiated by State Co-operative Banks are governed by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act), and whether the jurisdiction of Co-operative Courts under Section 91 of the Maharashtra Co-operative Societies Act, 1960 stands excluded in view of Sections 17, 18 and 34 of the RDB Act.Justice Amit Borkar was hearing a review petition arising out...
State's Duty To Inform Farmers Of Right To Seek Enhancement Of Compensation In Lieu Of Land Acquisition': Bombay High Court
The Bombay High Court has held that applications seeking redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be rejected on hyper-technical grounds such as non-filing of a certified copy. The Court observed that Section 28-A is a beneficial provision enacted to remove inequality in compensation among landholders and must be interpreted liberally to advance its object. It further emphasised that farmers who lose their sole source of livelihood due to...
Bombay High Court Upholds 18% Interest Levy On Delayed VAT Payment, Says Interest Levied Automatically Once Payment Is Delayed
The Bombay High Court at Goa has dismissed a writ petition filed by United Spirits Ltd. challenging the levy of interest on delayed payment of VAT on sales of Extra Neutral Alcohol (ENA), Rectified Spirit (RS) and High Bouquet Spirit (HBS) for the financial year 2019–20. A Division Bench of Justices Bharati Dangre and Ashish S. Chavan held that interest under Section 25(4) of the...
'Stamp Duty Cannot Be Charged On Lease Agreement By Imputing Intention To Create Lease In Future': Bombay High Court
The Bombay High Court has held that stamp duty cannot be levied on an agreement to lease by imputing an intention to create a lease in future, when the document does not effect a present demise of the property. The Court observed that an agreement to lease, which merely confers a licence to enter upon land for a limited purpose pending fulfilment of stipulated conditions, does not create any right, title or interest in the immovable property and therefore cannot be treated as a “lease” for the...
'Denial Of Permanency To HIV Positive Employee Violates Articles 14 & 16 Of Constitution': Bombay High Court
The Bombay High Court has held that denial of permanency to a workman solely on the ground that he is HIV positive is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The Court observed that when a workman continues to discharge the same duties as his co-workers without any impediment, his HIV status cannot be used as a ground to deny him the benefit...
Can't Portray Women In Fashion Which Affects Their Privacy: Bombay High Court Orders Removal Of Shilpa Shetty's Unauthorised Photos, Videos
Observing that no person, especially a woman can be portrayed in a fashion which affects their right to privacy and right to live with dignity under Article 21 of the Constitution of India, the Bombay High Court on Friday ordered the Union Ministry of Electronics and Information Technology (MeitY) to pull down all the photos and videos of Bollywood actress Shilpa Shetty from various websites...
Bombay High Court Annual Tax Digest: 2025
Direct TaxNotice Issued To Non-Existing Entity Post-Merger Is Substantive Illegality, Dept Cannot Cite Technical Glitch: Bombay High CourtCase Title: City Corporation Limited v. Assistant Commissioner of Income Tax CircleCase Number: WRIT PETITION NO. 6076 OF 2023The Bombay High Court stated that notice issued to a non-existing entity post-merger is a substantive illegality and not...
Learn To Give Up Rather Than Giving Into Litigation: Bombay High Court Suggests Litigating Siblings, Underlines Importance Of Relationships
"Siblings should learn to give up than to give into litigation" advised the Bombay High Court recently while suggesting a senior citizen brother and sister duo to amicably settle their dispute over their parents' property.Single-judge Justice Jitendra Jain while taking note of the use of 'abusive language' by the brother-sister in their pleadings in a defamation suit, emphasised the importance...
PPL Sues Kapil Sharma, Producers Over Alleged Unauthorised Music Use In Netflix's The Great Indian Kapil Show
Phonographic Performance Limited (PPL), a copyright society representing sound recording owners, has moved the Bombay High Court alleging unauthorised use of its music in Netflix's comedy show The Great Indian Kapil Show. It has sought urgent interim relief to stop further use of its copyrighted sound recordings. The matter was listed on Wednesday before a single-judge Bench of Justice...
If You Can't Control Air Pollution, Don't Permit New Projects For 2 Weeks: Bombay High Court Pulls Up BMC
While coming down heavily on the Brihanmumbai Municipal Corporation (BMC) for its failure to take corrective measures for containing the rising levels of air pollution in the city of Mumbai and nearby areas, the Bombay High Court on Wednesday orally asked the civic body not to sanction new proposals of development in the city for at least two weeks as the civic body has failed to handle...
Bombay High Court Stays Fraud Proceedings Against Anil Ambani Over Prima Facie Defective Forensic Audit
The Bombay High Court on Wednesday stayed fraud classification proceedings initiated by Indian Overseas Bank, IDBI Bank and Bank of Baroda against Anil Ambani, founder and chairman of the Reliance Group, after prima facie finding serious defects in the forensic audit relied upon by the banks. A single-judge bench of Justice Milind N. Jadhav, while granting interim relief, held that the...
Civilian Awardees Can't Use "Padma Shri, Padma Vibhushan, Padma Bhushan Or Bharat Ratna" As Prefix To Their Names: Bombay High Court
The civilian awards such as Padma Shri, Padma Vibhushan, Padma Bhushan and Bharat Ratna cannot be used as a prefix or suffix to the names of the awardees, the Bombay High Court reiterated recently.Single-judge Justice Somasekhar Sundaresan while dealing with a petition involving a 2014 awardee Dr Sharad Hardikar, noted that he had used "Padma Shri" as a prefix to his name in the title of...