Bombay High Court Monthly Digest: June 2024 [Citations 278-319]

Nominal Index [Citation 278 - 319]Airports Authority of India Workers Union & Anr v. Under Secretary, Ministry of Labour & Anr. 2024 LiveLaw (Bom) 278Omkara Assets Reconstruction In the matter of ICICI Bank Ltd. v. Classic Diamonds (India) Ltd. 2024 LiveLaw (Bom) 279Azhar Basha Tamboli Ltd & Ors v. Ravi S Gupta & Ors. 2024 LiveLaw (Bom) 280Azhar Basha Tamboli v. Ravi S Gupta...

Woman Diagnosed With Cancer Seeks To Abort 24-Weeks Pregnancy, Bombay High Court Constitutes Medical Board

The Bombay High Court on Monday constituted a medical board to examine if the 24-weeks pregnancy of a married woman could be terminated so as to allow her to avail treatment against cancer.A division bench of Justices Ajay Gadkari and Neela Gokhale noted that the woman was diagnosed with pancreatic cancer while she was pregnant. "We require the authorities at the K.E.M. Hospital, Mumbai...

Bombay High Court Pulls Up Maharashtra Govt Over Failure To Adhere To Policy For Premature Release Of Convicts

The Bombay High Court today pulled up the Maharashtra government for failing to adhere to its own guidelines for providing premature release to prisoners.A division bench of Justices Bharati Dangre and Manjusha Deshpande expressed displeasure over the State government flouting its own policy while denying premature release to prisoners, otherwise entitled for the same."Time and again this...

Bombay High Court Refuses Pre-Arrest Bail To Woman Accused Of Mowing Down Two From Her Mercedes, Says No Prudent Person Will Drink And Drive

No prudent person will ever drive a vehicle under the influence of alcohol, said the Nagpur bench of Bombay High Court recently while denying anticipatory bail to a female Human Resource (HR) professional accused of mowing down two young men while driving her Mercedes under the influence of alcohol.Single-judge Justice Urmila Joshi-Phalke in her June 26 order, noted from the material on...

IT Rules 2021 | Right To Know Truth Under Article 19(1)(a) Is Violated If Fake And False News Is Not Prevented: Centre To Bombay High Court

On Monday, the central government in pleas challenging the 2023 IT Amendment Rules told the Bombay High Court that not preventing fake or false news would violate the fundament right of the recipient of such news to know correct information and not be misled, which also flows from Article 19(1)(a) of the Constitution.Solicitor General Tushar Mehta contended that right to know and right to not...

Bombay HC To Decide Whether Backward Class Commission Which Recommended 10% Maratha Reservation Should Be Made Party To Challenge

The Bombay High Court on Monday while hearing a bunch of petitions opposing Maratha Reservation was posed with the issue of whether or not to make the Backward Class Commission headed by former judge Justice Sunil Shukre, a party to the petition.A full bench of Chief Justice Devendra Kumar Upadhyay, Justice Girish Kulkarni and Justice Firdosh Pooniwalla initially opined that the Commission...

Bombay High Court Weekly Round-up: June 24 To June 30, 2024

Nominal Index [Citation 311 - 319]Kapil Suresh Taak v. State of Maharashtra 2024 LiveLaw (Bom) 311M/s Halliburton India Operations Private Limited v. Vision Projects Technologies Pvt. Ltd. 2024 LiveLaw (Bom) 312Mangalam Organics Ltd. v. Patanjali Ayurved Ltd. & Ors. 2024 LiveLaw (Bom) 313XYZ v. State of Maharashtra 2024 LiveLaw (Bom) 314Zainab Abdul Qayyum Choudhary & Ors. v....

Teething Problems Bound To Occur But Robust Judicial System Will Meet All Challenges: Bombay HC Chief Justice On Enforcement Of New Criminal Laws

Chief Justice Devendra Kumar Upadhyaya of the Bombay High Court recently expressed confidence in the robustness of the judicial system to meet challenges in implementing the new criminal laws, which have come into force today.“It is not only a challenge to the judiciary, but to the investigating agencies, to the public prosecutors, to the lawyers community, everyone. But I am confident that...

"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child

The Bombay High Court recently granted bail to a man belonging to the LGBTQ+ community booked for trafficking a one year and seven months old child observing that members of the community are vulnerable within prison.Justice Manish Pitale allowed his bail application observing –“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be...

GST Regime At Nascent Stage; Bombay High Court Quashes Order Rejecting IGST Refund

The Bombay High Court has quashed the order rejecting Integrated Goods and Service Tax (IGST) on the grounds that the order was passed without any reason and without application of mind.The bench of Justice K.R. Shriram and Justice Jitendra Jain have observed that the CGST Commissioner does not have the power to condone the delay, but the writ court does. The bench further observed,...

Transportation Of Machinery From JNPT To Factory Doesn't Constitute Supply, GST Not Payable: Bombay High Court

The Bombay High Court has held that transportation of machinery from Jawaharlal Nehru Port Authority (JNPT) to the factory of the assessee does not constitute supply, and hence GST is not payable.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the first limb of Section 129(1)(a), which provides for a penalty equal to one hundred percent of the tax payable, cannot...

Intimate Relationship Between Adults Does Not Justify Sexual Assault On Partner: Bombay High Court While Refusing To Quash Rape Case

“A relationship between two adult individuals does not justify sexual assault by one on his partner”, the Bombay High Court observed while refusing to quash a rape case filed by a woman against her boyfriend.A division bench of Justice AS Gadkari and Justice Dr. Neela Gokhale dismissed a petition seeking the quashing of an FIR and the subsequent charge sheet filed against the...