Bombay High Court
Maharashtra Govt Decision Hiking Lease Rentals In Mumbai's Bandra Not Extortionate: High Court
The Bombay High Court has held that the State Government's decision to calculate lease rent based on the value of land given in the 'Ready Reckoner' was not arbitrary. However, it ruled the Government Resolution allowing lease rent revision every 5 years, as per the value of land on date of such revision, was invalid because the original lease deed did not stipulate such revision.The...
Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam
The Bombay High Court on Wednesday dismissed the bail application of developer Sanjay Chhabria of the Radius Group, involved in a money laundering case related to the multi-crore Yes Bank-DHFL Scam.This is the second time that Chhabria's bail was rejected by the High Court. He was arrested in April 2022 on the allegation that a company related to him has availed a loan of ₹ 2,137 crores...
Assessee Can't Be Expected To Deduct TDS From Payments Which Became Taxable Owing To Retrospective Amendment: Bombay High Court
The Bombay High Court at Goa, while upholding the order of the Income Tax Appellate Tribunal (ITAT), has held that the assessee cannot be expected to deduct tax at source from payments that became taxable owing to a retrospective amendment.The bench of Justice M.S. Karnik and Justice Valmiki Menezes has observed that it is not open to the department to take a divergent view on the expenditure...
Plea Filed In Bombay HC Against Rahul Gandhi, Dhruv Rathee, Uddhav Thackeray For Allegedly Spreading False Narratives About 'EVM Hacking'
A petition has been filed in the Bombay High Court seeking contempt proceedings against Congress leader Rahul Gandhi, Shiv Sena (UBT) leaders Uddhav Thackeray, Aditya Thackeray, Sanjay Raut and YouTuber Dhruv Rathee, for allegedly interfering in a sub-judice matter.As per the petition, the respondents – Rahul Gandhi and others, had posted on the social media platform 'X', a story by...
Bombay High Court Sets Aside Arbitral Award Due To Arbitrator Relying On Non-Executed Agreement, Adopting Non-Judicial Approach
The Bombay High Court set-aside an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) as the Arbitrator relied on a non-executed agreement for arriving at the decision. The Court stated that it can annul an arbitral award under Section 34 if the arbitrator adopted a non-judicial approach. The Division Bench of B.P. Colabawalla and...
While Imposing Conditions For Bail, Trial Court Cannot Direct Accused To Apply For Passport, Obtain It & Then Surrender It: Bombay HC
In a significant order, the Goa bench of the Bombay High Court on Tuesday held that a trial court while granting bail does not have any power to direct a person/accused to apply for a passport, obtain it and then surrender it to avail bail.Single-judge Justice Bharat Deshpande quashed and set aside such an "unusual" condition imposed by a trial court in Agassaim, Goa while granting bail to...
Bombay High Court Pulls Up Maharashtra Govt Over Advisory Board On Persons With Disabilities Remaining Defunct Since 2020
The Bombay High Court on Wednesday pulled up the Maharashtra government for failing to make functional, the State Advisory Board, as mandated under the Rights of Persons with Physical Disabilities Act, 2016, for the last four years.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar noted that the Advisory Board, which has to take up the cause of people...
Supreme Court Collegium Recommends Permanent Appointment Of 7 Additional Judges Of Bombay High Court, Fresh 1-Yr Term For 2 Addl Judges
The Supreme Court Collegium, comprising CJI Dhananjaya Y Chandrachud, Justice Sanjiv Khanna and Justice B R Gavai has recommended to make 7 Additional Judges of the Bombay High Court as Permanent Judges.Additionally, two other Additional Judges were recommended for a fresh term of one year with effect from October 07.The collegium recommended the following Additional Judges to be made...
Bombay High Court Directs Patanjali Ayurved To Deposit Rs 50 Lakh For Breach Of Injunction Order In Trademark Infringement Case
The Bombay High Court has directed Patanjali Ayurved Ltd. to deposit Rs. 50,00,000 to the court as it violated an injunction/ad-interim order of the Court that had restrained the company from selling its camphor products, in relation to a trademark infringement case filed by Mangalam Organics Ltd.Mangalam Organics (applicant) had filed a commercial IPR suit against Patanjali Ayurved...
Society In Which Earning Members Are Addicted Will Naturally Suffer Economically And Socially: Bombay High Court
A society in which the earning member of the family is addicted, would naturally suffer economically and socially, the Bombay High Court observed recently while upholding the detention of a woman on the ground that she was manufacturing illegal liquor.A division bench of Justices Bharati Dangre and Manjusha Deshpande held that the Detaining Authority, in the instant case, rightly formed...
"Remarks Against Rohingyas & Bangladeshis, Didn't Hurt Indian Religious Sentiments": State To Bombay HC In Hate Speech Case Against BJP Leaders
Using the words Rohingyas, Bangladeshis or Jihadis is not against the Muslim community living in India, the Mumbai Police told Bombay High Court on Tuesday while justifying its decision not to invoke section 295A (outraging religious sentiments) against BJP leaders Nitesh Rane, T Raja and Geeta Jain."No case is made out for section 295A. The entire statement is against the Rohingyas...
Section 5 Of Limitation Act Can Be Applied To Condone Delays Under Commercial Courts Act Even In Absence Of Express Provisions: Bombay HC
The Bombay High Court condoned delay in filing an appeal pertaining to a commercial suit, citing Section 13 of the Commercial Courts Act which allows for the condonation of delay, even in absence of any specific provisions in the Limitation Act. The Court referred to Section 29 of the Limitation Act, stating that since the Commercial Courts Act does not specify a limitation period, Sections 4...