Bombay High Court
If Burden Of Excess Duty Passed On To Customers, Granting Refund Would Result In 'Unjust Enrichment': Bombay High Court
The Bombay High Court has observed failure to protest the imposition of alleged excess octroi duty by the Municipal Corporation is a relevant circumstance in deciding against ordering any refunds. Further, the Court stated that if the petitioner cannot establish that the burden of any excess duty was not passed on to its customers, granting refund in such a case would result in...
Bombay High Court Weekly Round-Up: 22 July – 28 July, 2024
Citations: 2024 LiveLaw (Bom) 374 To 2024 LiveLaw (Bom) 383Nominal IndexKumar Goraknath Shinde vs State of Maharashtra, 2024 LiveLaw (Bom) 374Nirav Raval vs State of Maharashtra, 2024 LiveLaw (Bom) 375Darshan Kumar Vilayatiram Khanna vs State of Maharashtra, 2024 LiveLaw (Bom) 376 Govinda Goga Donde & anr. vs. Mayur Ramesh Bora & ors., 2024 LiveLaw (Bom) 377Surekha Luxman Sonovane...
"What Kind Of Democracy Is This?" HC Pulls Maharashtra Police For Action Against Prof Who Referred To Slain Activist Govind Pansare's Book
What kind of a democracy is this? the Bombay High Court questioned after noting that a lady Professor was subjected to departmental enquiry on a letter written by the local police to her College after she referred to a book "Shivaji Kon Hota" (Who was Shivaji?) written by comrade Govind Pansare.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan pulled up the Maharashtra...
Elgar Parishad Case: Bombay High Court Rejects Default Bail To Surendra Gadling, Shoma Sen, Mahesh Raut, Sudhir Dhawade & Rona Wilson
The Bombay High Court today rejected the default bail to Dalit rights' activist and advocate Surendra Gadling and co-accused Mahesh Raut, in the infamous Elgar Parishad case of 2018.A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the order in their chamber. Bail was also denied to Nagpur University professor Shoma Sen, Sudhir Dhawade and researcher Rona Wilson.The bench...
Should Security Of Shirdi Sai Baba Temple Be Beefed Up? Bombay High Court Constitutes Committee
Taking note of the importance of the issue, the Bombay High Court recently constituted a committee, to be headed by a former chief secretary, to re-assess the security of Shri Sai Baba temple at Shirdi and to decide if the Central Industrial Security Force (CISF) needs to be deployed within the temple premises for security of the sanctum and also of the lakhs of devotees.A division bench...
"Income Tax Dept Can't Control Sentiments Of Devotees": Bombay HC Reserves Order In Appeal Against Anonymous Donations To Shirdi Sai Baba
The Bombay High Court on Wednesday while closing for orders an appeal filed by the Income Tax Department against Shri Sai Baba Sansthan Trust (Shirdi), observed that the department cannot control the sentiments of devotees making anonymous donations to the Shrine.A division bench of Justices Girish Kulkarni and Somashekhar Sundaresan reserved orders in the income tax appeal filed by...
Unfortunate That Everyone Wants To Show That Their Religion And God Are Supreme: Bombay High Court On "Vande Mataram" Row
The Nagpur Bench of the Bombay High Court on Wednesday quashed the FIR lodged against an army man and a doctor who allegedly outraged sentiments of Muslims and asked few men to "either say Vande Mataram or go to Pakistan".A division bench of Justices Vibha Kankanwadi and Vrushali Joshi however lamented that now-a-days everybody wants to show that his or her religion or God is the Supreme....
Maharashtra Civil Services (Pension) Rules | Gratuity Of Employee Can Be Withheld Until Conclusion Of Criminal Appeal: Bombay High Court
The Bombay High Court held that gratuity benefits of a State government employee can be withheld under Rule 130 of the Maharashtra Civil Services (Pension) Rules, 1982 if there is a criminal appeal pending against the employee. The gratuity is payable only on completion of 'judicial proceedings' i.e until final orders are passed in the criminal appeal.The division bench of Justice A.S....
Decks Cleared For Release Of Film 'Teesri Begum' After Makers Agree Before Bombay High Court To Remove "Jai Shri Ram" Slogan From Scene
The Bombay High Court on Monday cleared the decks for the release of film "Teesri Begum" after the makers agreed to remove "Jai Shri Ram" slogan from its climax scene. The makers of the film have agreed with the suggestion of the Central Board of Film Certification (CBFC) to remove the slogan "Jai Shri Ram" from a scene of the film, wherein the main character, a Muslim man, upon being attacked...
Company, Its Officials Must Update Themselves With Ever-Changing Laws, Ignorance Not An Excuse For Breaking It: Bombay High Court
The Bombay High Court on Monday while refusing to quash a First Information Report (FIR) against a businessman observed that ignorance of law is not an excuse for breaking it.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to quash an FIR lodged against one Ajay Melwani, who was booked under relevant provisions of the Narcotics Drugs and Psychotropic Substances (NDPS)...
'Built Up Area' Definition Can't Have Retrospective Application, Bombay High Court Dismisses Dept. Appeal
The Bombay High Court has held that the expression 'built up area' introduced with effect from April 1, 2005, could not be applied retrospectively, and the Tribunal was justified in holding that up to April 1, 2005, the expression 'built up area' would exclude the balcony area. The bench of Justice G. S. Kulkarni and Somasekhar Sundaresan has observed that for the first time, the Legislature...
Bombay High Court Orders Mandatory Presence Of Medical Facilities In All Schools & Colleges Across Maharashtra
In a first, the Bombay High Court has ordered all educational institutions in Maharashtra to provide proper first aid and medical facilities for students and employees of the schools and colleges within the college premises, so as to provide immediate possible treatment in cases of emergencies.A division bench of Justices Nitin Jamdar and Milind Sathaye noted that educational institutes in...