Bombay High Court
AO To Record Dissatisfaction With Correctness Of Claim Of Assessee In Respect Of Expenditure: Bombay High Court
The Bombay High Court has held that the Assessing Officer should record his dissatisfaction with the correctness of the claim of the assessee in respect of the expenditure, and to arrive at such dissatisfaction, he should give cogent reasons. The Bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that though the AO has stated that the assessee's explanation is not...
Bombay High Court Quashes Reassessment Order Against Housewife When Property Was Purchased By Her Husband
The Bombay High Court has quashed a reassessment order against a housewife when the alleged investment was made by her husband.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed, “We also have to notice that, surprisingly, the Principal Chief Commissioner of Income Tax has also accorded sanction for the issuance of this order instead of directing the AO to drop...
Bombay High Court Directs DCP To Obtain Call Records, WhatsApp Calls/Messages To Probe Alleged Demand Of Bribe By Police Using Accused's Phone
The Bombay High Court recently directed the Deputy Commissioner of Police, Zone 2, Mumbai, to procure the Call Detail Records (CDR) and WhatsApp messages/calls from the mobile phone of an accused in a cheating case who alleged that the investigating officer demanded bribe from his family using his phone.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande granted...
Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court
The Bombay High Court single bench of Justice R I Chagla held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The Court held that the absence of a specific prayer for the impleadment of a non-signatory in a Section 11 Application does not preclude the application of the 'group...
Menace Of Garbage On Roads Will Not Go Away Without Public Awareness & Participation: Bombay High Court
The Bombay High Court recently remarked the menace of garbage on roads will not improve unless there is public awareness and participation. It was dealing with a petition against a tender notice issued by the Latur City Municipal Corporation (LCMC) for the selection of an operator for the collection, transportation, and processing of municipal solid waste.“Even the photographs those have...
Bombay HC Directs Trademark Registrar To Decide Applications For Renewal/Restoration Of Expired Marks For Which No Removal Notice Is Issued
The Bombay High Court recently directed the Trademark Registrar to decide within four weeks of filing applications for renewal or restoration of expired trademarks in cases wherein no notice under section 25(3) of the Trademarks Act was issued to remove them from the registry.A division bench of Justice GS Kulkarni, while directing the restoration of a trademark that had been removed...
Voluntary Abandonment Of Employment Cannot Be Accepted If Notice For Resuming Duties Not Issued: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Civil Writ Petition in the case of M/s. Premsons Trading (P) Ltd vs Dinesh Chandeshwar Rai has held that voluntary abandonment of employment can only be proved if the employer had issued a notice to the workman directing him to resume his duties.Background FactsM/s. Premsons Trading (P)...
Bombay HC Initiates Suo Motu PIL To Hold Municipal Corporations Accountable For Accidents/Deaths Caused Due To Their Negligence, Award Compensation
The Bombay High Court has initiated a suo motu public interest litigation (PIL) to establish a system and determine accountability for awarding compensation in cases where accidents or deaths occur due to negligence by the municipal corporation and other civic bodies.A division bench of Justice GS Patel and Justice Kamal Khata took suo motu cognizance of news reports and an article published...
Maharashtra Board Can't Cancel Improvement Exam Result Merely Because Student Didn't Collect Marksheet Within 6 Months: High Court
The Bombay High Court has held that the Maharashtra State Board of Secondary and Higher Secondary Education cannot cancel the Higher Secondary Certificate (HSC) re-examination results merely because the student did not collect the marksheet within 6 months.A division bench of Justice AS Chandurkar and Justice Jitendra Jain allowed a writ petition filed by a student challenging the cancellation...
Retrospective Legislation Can't Affect Vested Rights Of Assessee: Bombay High Court
The Bombay High Court has held that retrospective legislation cannot affect the vested rights of the assessee.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that when the Department has extended the last date from February 1, 2021, to September 30, 2021, it can only extend the deadline but cannot introduce a new concept of eligibility as of February 1, 2021, which...
MV Rules 1989 | Bombay High Court Upholds Levy Of Additional Fees For Delayed Renewal Of Vehicle Registration, Driving Licence
The Bombay High Court on Tuesday dismissed a public interest litigation (PIL) and a writ petition challenging additional fees imposed for delay in applying for various vehicle related services including renewal of driving license and vehicle registration.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor held that the additional fees do not constitute a...