Bombay High Court
Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court
A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ Petition in the case of Shri. Patil Samgonda Namgonda vs. State of Maharashtra, held that employee's conduct of filing petitions does not show the abandonment of claim for reinstatement in service. Background Facts The Shri. Patil Samgonda Namgonda (Petitioner) was appointed headmaster...
Employees Once Accepting Promotion On Particular Basis Without Protest, Are Estopped From Challenging The Same: Bombay High Court
A division bench of the Bombay High Court comprising of Devendra Kumar Upadhyaya, CJ. & Arif S. Doctor, J., while deciding Writ Petition in the case of Shri Shripad Dwarkanath Gupte And Ors vs Union Of India, held that employees once accepting the promotions on grade wise basis without protest, are estopped from challenging the same. Background Facts The Petitioners were...
"Even Elon Musk Has Flagged Issues With EVMs": Plea In Bombay HC Challenges Ravindra Waikar's Poll Victory From Mumbai North West Constituency
Bharat Khimji Shah, a candidate who contested the recently held Lok Sabha elections from the Mumbai North West constituency, has filed a writ petition in the Bombay High Court challenging the victory of Shiv Sena's Ravindra Waikar.The petition, filed through advocate Asim Sarode, seeks to declare Waikar's win null and void, citing multiple concerns about transparency and alleged...
Bombay High Court Criticizes Judge For Using “Handicapped” To Express Frustration Over Heavy Caseload
The Bombay High Court recently criticized an Additional Sessions Judge for using the word “handicapped” to express frustration over heavy case load.Justice Prithviraj K Chavan observed, “The tone and tenor of the language is unwarranted and unacceptable, in the sense, the Judicial Officer should not have expressed his frustration and inability by using the words “handicapped” as well...
Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High Court
The Bombay High Court has held that slump sale under the Business Transfer Agreement (BTA) would not amount to sale of goods within the purview of the Maharashtra Value Added Tax (MVAT) Act.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that it was completely a flawed approach on the part of the reviewing authority to tax part of the BTA considering it to...
Non-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home Finance
The Bombay High Court, while quashing the show cause notices against ICICI Home Finance Company Ltd., held that non-communication of show cause notices transferred to the call book is fatal.The bench of Justice K.R. Shriram and Justice Jitendra Jain observed that the reason why the show cause notices were transferred to the call book was because of the SLP pending in the Apex Court in...
Pune Porsche Accident | Remand Of Minor To Observation Home Nullified Effect Of Bail: Bombay HC Reserves Orders On Plea For Minor's Release
The Bombay High Court on Friday questioned how the Juvenile Justice Board could have remanded the minor accused in the Pune Porsche accident case to an observation home when he had already been released on bail.The bench remarked that the remand and its subsequent extension “completely nullified the effect of bail.”The bench questioned the source of power to remand a juvenile to...
Pending Criminal Proceedings Won't Change Nature Of Commercial Dispute: Bombay High Court Declines SBI's Plea To Reject Rs 36 Crore Recovery Suit
The Bombay High Court recently dismissed an interim application filed by the State Bank of India (SBI) seeking rejection of a Commercial Summary Suit filed by the Bombay Iron and Steel Labour Board for recovery of deposits worth Rs. 36 crores with interest. Justice Abhay Ahuja held that the dispute between the parties qualifies as a commercial dispute and is eligible to be tried under...
Bombay High Court Upholds ITAT's Order Directing Vodafone India To Deposit Rs.230 Crores For Staying Income Tax Demand
The Bombay High Court has upheld the order passed by the Income Tax Appellate Tribunal (ITAT) directing Vodafone India to deposit Rs. 230 crores for staying income tax demand.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan directed the petitioner, Vodafone India, to deposit an amount of Rs. 230 crore, being the lowest or minimum amount of 20% of the disputed tax...
Bombay High Court Upholds Entertainment Duty Demand Of Rs. 71 Lakhs On Film & Television Producers Guild Of India For 2006 APSARA Awards
The Bombay High Court on Thursday upheld the state government's demand for entertainment duty of Rs. 71,87,500 on the Film & Television Producers Guild of India (FPGI) for organizing the APSARA Awards Function in 2006.A division bench of Justice KR Shriram and Justice Jitendra Jain, however, struck the penalty of the same amount imposed of FPGI.“(a) The entertainment duty of...
Bombay High Court Pulls Up Maharashtra Govt Over Inadequate Mechanism For Enforcing Living Wills
The Bombay High Court on Thursday pulled up the state government for not establishing a sufficient mechanism to enforce living wills, highlighting the lack of a secondary medical board necessary for the execution of these directives.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL filed by Dr. Nikhil Datar, a Mumbai-based gynaecologist,...
Bombay High Court Directs Bar Council Of Maharashtra & Goa To Take Action Against Lawyer Who Appeared Without Band, Gown
The Bombay High Court recently directed the Bar Council of Maharashtra and Goa (BCMG) to take action against Advocate Jagdish M. Ahuja for appearing in court without the prescribed attire of bands and Advocate's Gown.Justice Prithviraj K Chavan noted in his order –“He is not in proper attire, in the sense, he is without bands and Advocate's Gown as prescribed by the Rules. The Bar Council...