Department Can Centralize Assessment At One Place If There Are Sufficient Reasons: Bombay High Court Upholds Transfer Order U/s 127

Finding that the Assessee had transactions with certain Indian citizens, who were subject to search operation and whose assessments were centralized with the Central Circle at New Delhi, the Bombay High Court find sufficient reasons for proposing of Assessee's case to be centralised at New Delhi. The High Court also found that the assessment of such persons would certainly...

Reopening Proceedings In Defiance Of Mandatory Procedure U/s 151A To Be Quashed: Bombay High Court

The Bombay High Court clarified that the Assessing Officer is required to adhere to the provisions of Section 151A read with CBDT Notification dated Mar 29, 2022 for resorting to a procedure u/s 148A and the consequent notice u/s 148. Section 151A of the Income Tax Act empowers the Central Government to make a scheme for the purpose of assessment, reassessment, or recompilation...

"Expulsion From MNLU Will Be Like Death Sentence": Law Student Accused In Multiple Cases Of Sexual Harassment Tells Bombay High Court

The Bombay High Court on Wednesday reserved judgment in a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty by of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC).A division bench of Justices Atul Chandurkar and Rajesh...

Casually Freezing DEMAT Accounts Is Draconian, Violates Article 300A: Bombay High Court Imposes ₹80 Lakh Costs On BSE, NSE, SEBI

The Bombay High Court has awarded a compensation of Rs. 30 lakhs and Rs. 50 lakhs to two individuals whose Demat accounts were frozen at the behest of the Bombay Stock Exchange (BSE) and National Stock Exchange (NSE), following the directives of the Securities and Exchange Board of India (SEBI).Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla observed that the arbitrary freezing of...

Paryushan Parv: PIL In Bombay High Court Seeks Temporary Ban On Animal Slaughter, Sale Of Meat Across Maharashtra

A Public Interest Litigation (PIL) petition has been filed in the Bombay High Court seeking a temporary ban on the slaughtering of animals and sale of meat across Maharashtra from August 31, 2024 to September 7, 2024, in view of the 'Paryushan Parv' a prominent festival of the Jain Community.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar is likely to hear...

Girl Who Eloped With Paramour Days Before Her Marriage Fixed By Parents Cannot Be Booked For Cheating By Groom: Bombay High Court

The Bombay High Court has held that if a girl elopes with her paramour before marrying the groom with whom her parents fixed her marriage, she cannot be booked for hearing by the groom and his parents.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale gave the ruling while quashing a First Information Report (FIR) lodged against a girl, her parents and brother, all residents of...

[Payment Of Gratuity Act] Mere Reflection In Balance Sheet Doesn't Give Rise To Gratuity Claim In Absence Of Underlying Agreement: Bombay HC

While considering the claim for payment of gratuity by the Directors of a company, the Bombay High Court has observed that an entry in the liability column of the balance sheet of the company cannot be considered an 'agreement' between the company and directors under Section 4(5) of the Payment of Gratuity Act.Justice Sandeep V. Marne stated “…it cannot be stated that mere reflection of...

No Person Can Be Arrested Merely Based On Allegations Of Committing A Crime: Bombay High Court On 'Illegal Arrest' of Journalist

No person can be arrested merely because s/he is facing allegations of having committed some offence, the Bombay High Court said recently while holding the arrest of a Thane-based journalist by the Mumbai Police, illegal. It also ordered the Mumbai Police to pay Rs 25,000 compensation to the petitioner. A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan noted that...

Over 23,000 Lives Lost In Mumbai Local Trains Since 20 Yrs, Making Continuous Efforts To Improve: Western Railways Tell Bombay High Court

In the last 20 years, a total of 23,027 lives have been lost in Mumbai's "life line" i.e. local trains and at least 26,572 citizens have sustained injuries, the Railways told the Bombay High Court recently. This comes in an affidavit filed by the Senior Divisional Security Commissioner, Western Railways, in response to the order of a division bench of Chief Justice Devendra Kumar Upadhyaya...

We Always Speak About Victims, Why Not Teach The Boys? Bombay High Court While Hearing Badlapur School Sexual Assault Case

While hearing a suo motu PIL regarding the alleged sexual assault of two minor kindergarten girls in a school at Badlapur in Thane, the Bombay High Court on Tuesday orally called for "teaching boys the difference between right and wrong" as well as sensitising them about respecting women at a young age.A division bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan asked...

MHADA & BMC Failed To Take Action Against Developer, Nexus Apparent: Bombay HC In Plea Against Non Issuance Of Occupation Certificate

While hearing a plea against non issuance of Occupation Certificate (OC) by the Maharashtra Housing & Area Development Board (MHADA) and Municipal Corporation of Greater Bombay (BMC) for certain property, the Bombay High Court said that the authorities' conduct in failing to take necessary actions against the developer pointed to a nexus between them. A division bench of Justice M.S....

Mandatory Procedures Cannot Be Bypassed To Show Large Number Of Case Disposals In Lok Adalat: Bombay High Court

The Bombay High Court has observed that the Authority or Committee organising Lok Adalat cannot directly transfer pending cases to the Lok Adalat without a reference order from the concerned court, as stipulated under Section 20(1) of the Legal Services Authorities Act, 1987.The Court emphasised that the mandatory procedures outlined in the Act cannot be bypassed only to show high figures...