Bombay High Court
Prima Facie Rigorous Conditions For Bail Won't Apply: Bombay High Court Grants Bail To MCOCA Accused With 24 Antecedents Of Chain Snatching
The Bombay High Court recently granted bail to an alleged chain snatcher observing that rigorous conditions for bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) would not apply when all his criminal antecedents pertained to chain snatching.Justice Madhav J Jamdar granted bail to one Dipak P Mali, alleged leader of a gang of chain snatchers in Pune observing -...
IT Rules 2021 | FCU Meant For Total State Censorship On Anything Govt Doesn't Want People To Know, Discuss, Debate Or Question: Kunal Kamra Tells Bombay High Court
On Monday, the petitioners in pleas challenging the 2021 IT Amendment told the Bombay High Court that the purpose of a government fact check unit (FCU) is not to protect the public from misinformation but to bring total state censorship over anything that the government does not want people to know, discuss, debate or question.“Under the impugned Rule, it is not the actual falseness or...
Take Action Irrespective Of Political Affiliation If Law & Order Breach Occurs During Ram Navami Rally: Bombay High Court To State
The Bombay High Court on Monday directed Maharashtra police to take all necessary measures to prevent any potential breaches, regardless of the political affiliations of the organizers or speakers, during the upcoming Ram Navami rally in Mumbai's Malwani area.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande was dealing with a writ petition seeking FIRs against...
Filing Delayed Returns, Power To Condone Delay Is Conferred On CBDT To Ensure Substantial Justice; Bombay High Court
Explaining the scope of powers u/s 119(2)(b) of the Income tax Act, the Bombay High Court recently clarified that the legislature has conferred power on the Principal Commissioner of Income Tax (respondent no.3) to condone the delay to enable the authorities to do substantive justice to the parties by disposing the matter on merits. Hence, the High Court observed that routinely...
MCOCA Convicts Not Excluded Under 2006 Remission Policy: Bombay High Court While Allowing Arun Gawli's Early Release
The Bombay High Court recently held that life convicts under the Maharashtra Control of Organized Crime Act, 1999 (MCOCA) are not excluded from the revised remission policy of 2006.A division bench of Justice Vinay Joshi and Justice Vrushali V. Joshi sitting at Nagpur allowed premature release of gangster-turned-politician Arun Gawli convicted in 2012 under MCOCA observing –“the petitioner...
Very Grave Offence, No Bail Despite Delay In Trial: Bombay High Court To Man Who Allegedly Murdered Neighbour To Fake Own Death For Insurance Money
The Bombay High Court denied bail to a man who allegedly staged his own death by murdering his neighbour, in order to claim the benefit of his life insurance worth Rs. 1.5 Crores.Justice Madhav J Jamdar found the alleged offence grave enough to deny bail despite a delay in the trial.“The Applicant is incarcerated since about 4 years and 2 months and therefore Mr. Chavan, learned Counsel for...
Bombay High Court Pulls Up Trial Judge For Overlooking Absence Of Crucial Evidence, Urges Judicial Academy To Address Such Issues During Training
The Bombay High Court recently pulled up the trial court for convicting a Postmaster for misappropriation overlooking the absence of documentary evidence of registers and journals of the Post Office crucial to verify the misappropriation.Justice SM Modak, while setting aside the conviction, criticized the lackadaisical approach of both the prosecution and the judiciary and emphasized...
Bombay High Court Upholds Termination Of HPCL Workman Who Slapped Supervisor, Says Astounding That CGIT Didn't Find It Serious
Observing that assault on a superior is a grave form of misconduct warranting termination to maintain discipline in the workplace, the Bombay High Court on Friday set aside the reinstatement of a Hindustan Petroleum workman who was terminated after he slapped his supervisor.Justice Sandeep V Marne sharply criticized the Central Government Industrial Tribunal's (CGIT) decision to reinstate...
Bombay High Court Asks State To Consider Land In Goregaon For New High Court Complex
The Bombay High Court on Friday directed the State government to explore the availability of land in Goregaon for the construction of a new High Court complex, in place of the previously allocated area in Bandra.“This is only a loud thinking on my part, we can just explore it. Vacant land is available (in Goregaon). By this speed we will be having the high court building by 2031”,...
No Order Passed On Rectification Application Filed By Assessee For Six Years: Bombay High Court Directs Disciplinary Action Against AO
The Bombay High Court has directed the disciplinary action against AO as no order has been passed on the rectification application filed by the assessee for six years.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the Assistant Commissioner of Income Tax (ACIT) Officer was duty-bound to pass orders on the application, which has been pending for almost 6...
Formulate SOP For Medical Termination Of Pregnancy Beyond 24 Weeks To Prevent Need For Court Intervention: Bombay High Court To State
The Bombay High Court recently directed the state government to formulate a Standard Operating Procedure (SOP) within two months to be followed by all government hospitals and medical colleges in the state for medical termination of pregnancy (MTP) beyond 24 weeks.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Nitin W Sambre sitting at Nagpur directed the registration of...