Bombay High Court Refuses To Quash Land Deal Related Corruption FIR Against NCP Leader Eknath Khadse, Wife

The Bombay High Court refused to quash a 2017 corruption case related to a land deal against former Maharashtra revenue minister and Nationalist Congress Party (NCP) MLC Eknath Khadse, his wife, and son-in-law.A division bench of Justice Nitin W Sambre and Justice NR Borkar held that applicability of Section 17A of the Prevention of Corruption Act, requiring prior sanction before...

Deficiency In Filing Appeal Can't Make Appeal Filed Within Prescribed Period Of Limitation To Be Labelled As Time Barred: Bombay High Court

The Bombay High Court has held that any deficiency in filing the appeal or application, like failure to file physical documents, cannot cause the appeal, which was registered on the online portal within the prescribed period of limitation, to be labelled and/or held to be barred by limitation.The bench of Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla has observed that once the...

Govt Fact Check Unit In Public Interest, Cannot Be Stayed At The Behest Of A Few Individuals: Centre To Bombay High Court

The Bombay High Court today reserved order on interim application by comedian Kunal Kamra and others seeking stay on formation of Fact Check Unit under 2023 amendment to IT Rules, 2021 till the pendency for their writ petitions against the amendment.The 2023 amendment to the IT Rules, 2021 empowers the government to establish an FCU to identify fake, false, and misleading information about...

Storage Tanks Does Not Qualify Either As Land Or As Building, TDS Deductible On Storage Charges: Bombay High Court

The Bombay High Court has held that the respondent (assessee) ought to have deducted tax under Section 194I of the Income Tax Act, 1961, from the storage charges paid by the assessee.The bench of Justice K. R. Shriram and Justice Sharmila U. Deshmukh has observed that the storage tanks in question do not qualify either as land or as buildings within the meaning of Section 194I. In terms...

[Sheena Bora Murder Case] Bombay HC Paves Way For Netflix's Docuseries Featuring Indrani Mukerjea, Dismisses CBI's Plea

The Bombay High Court Thursday dismissed a petition filed by CBI seeking to stay the release of the Netflix docuseries – “Buried Truth – The Indrani Mukerjea Story.”The docuseries features accused Indrani Mukerjea and five other witnesses cited by the CBI in the Sheena Bora murder trial. Mukerjea is the prime accused in her daughter - Sheena's – murder. Last week the court had taken...

Person Seeking Letters Of Administration Must Personally Serve Notice At Last Known Address Of Legal Heir With Unknown Whereabouts: Bombay High Court

The Bombay High Court recently observed that a person seeking Letters of Administration (LoA) with Will Annexed must personally serve the citation (notice of the application) to the last known address of a legal heir whose whereabouts are unknown.Justice Manish Pitale revoked the LoA granted to a person who had directly published the citation in newspapers without personally serving the...

Minor Mistakes Due To Disability Should Not Lead To Serious Consequences Such As Loss Of Job Opportunity: Bombay High Court

The Bombay High Court has held that refusing to remedy errors stemming from candidates' disability contravenes the principle of equality, and employers should ensure that such minor mistakes do not lead to loss of the job opportunity itself.A division bench of Justice Nitin Jamdar and Justice MM Sathaye set aside the cancellation of candidature to a post in the Railways of a 31-year-old...

Division Bench Agreed That 2023 Amendment To IT Rules As It Stands Violates Free Speech: Petitioner To Bombay High Court

Association of Indian Magazines contended before the Bombay High Court today that the division bench that delivered a split verdict in a petition challenging the 2023 amendment to the IT Rules agreed that the amended Rule as it stands violates and has a chilling effect on free speech.The 2023 amendment to the IT Rules, 2021 empowers the government to establish a fact checking unit (FCU)...

High Court Asks Maharashtra Govt To Consider 26/11 Mumbai-Terror Attack Victim's Plea For EWS Housing

The Bombay High Court on Wednesday directed the Housing Minister of the Maharashtra Government to consider 26/11 Mumbai Terror Attack victim - Devika Rotawan's - plea for a residential premises in the economically weaker section (EWS). A division bench of Justices GS Kulkarni and Firdosh Pooniwala called it a “real case” to exercise discretion. Especially when discretion is often exercised...

S.125(3) CrPC | Magistrate Can't Order Imprisonment For More Than 12 Months' Default In Maintenance In A Single Application: Bombay High Court

The Bombay High Court ordered the release of a man sentenced to simple imprisonment of 47 months for of default in payment of interim maintenance awarded to his wife and daughter in a domestic violence case.Justice Sharmila U Deshmukh observed that under section 125(3) CrPC, the power of the Magistrate to impose punishment of imprisonment for default is restricted to 12 months, as the...

NIA Court Directs Appearance Of BJP MP Pragya Thakur In Connection With Malegaon Blast Case, Warns Of 'Necessary Steps' On Failure To Comply

A special National Investigation Agency (NIA) court in Mumbai recently directed BJP MP Pragya Singh Thakur, an accused in the 2008 Malegaon blast case, to appear before it starting from Tuesday for the recording of statements.Special Judge AK Lahoti passed the order on Thursday, February 22, granting Thakur's plea for exemption for the day on medical grounds and warning of "necessary steps"...

Share Premium Received By Issuance Of Shares Is On Capital Account And Gives Rise To No Income: Bombay High Court

The Bombay High Court has held that the share premium received by the issuance of shares is on the capital account and gives rise to no income.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has observed that even if the assessee had violated the provisions of the Companies Act, 1956, it would be penalized by the provisions of that Act, and it would never turn a capital...