Provide Free Medical Treatment To Poor In Kausa-Mumbra Even Without Yellow & Orange Ration Cards: Bombay High Court To Thane Municipal Corp

In a significant order the Bombay High Court directed the Thane Municipal Corporation to ensure free treatment for all poor patients even if they don't have yellow and orange ration cards at its newly built 100-bed Hakim Ajmal Khan Hospital in Kausa-Mumbra.A division bench comprising Justices Devendra Kumar Upadhyay and Arif Doctor observed that people living in that locality...

Bombay High Court Grants Bail To POCSO Accused After Finding That Complainant, Advocate Submitted False & Impersonated Affidavit Before Notary

The Bombay High Court recently granted bail to a man accused of sexually assaulting his daughter after finding that the complainant (wife of the accused) and her advocate, filed a false affidavit in the case.Justice Madhav J Jamadar observed – “This is a very serious case. Prima facie, the conduct of the Respondent No.2 (complainant) and the conduct of the learned Advocate Rohit Kumar...

S.4 POCSO Act | Merely 'Touching' Penis To Child's Private Part Constitutes Penetrative Sexual Assault: Bombay High Court

The Bombay High Court denied bail to a man accused of sexually assaulting his nieces observing that even touching the penis to the victim's vagina with sexual intent constitutes the offence penetrative sexual assault on a minor under Section 4 of the Protection of Children from Sexual Offences Act (POCSO).“…even in case of penetrative sexual assault, it is not essential that there must...

Goa Cess Act Is Not Subsumed By GST Laws: Bombay High Court

The Bombay High Court at Goa has held that the Goa Cess Act is not subsumed by the GST laws.“The Goa Cess Act is intra vires Articles 14, 301, and 303 read with Article 304 of the Constitution of India. Also, it is legal and valid, being in no manner subsumed by the GST laws,” the bench of Justice G. S. Kulkarni and Justice Bharat P. Deshpande observed.The petitioner company is in...

150 Important Rulings Of Bombay High Court In 2023: Part III

1. Guardianship Of Major Child Suffering From Mental Retardation Can Be Granted U/S 7 Of Guardians & Wards Act: Bombay High Court Case Title: ABC v. XYZ Citation: 2023 LiveLaw (Bom) 417 Noting a lacuna in the law for mentally retarded persons, the Bombay High Court extended the scope of Section 7 of the Guardians and Wards Act 1980 to allow guardianship of an...

S.67 Succession Act | Testamentary Court In Probate Proceedings Can't Decide Whether Bequest Is Void Due To Beneficiary Being Witness's Spouse: Bombay HC

The Bombay High Court recently held that the issue of voidness of a bequest under Section 67 Indian Succession Act in a Will due to the beneficiary being the spouse of the witness is outside the jurisdiction of the Testamentary Court in proceedings for Probate of Will or Letters of Administration with Will annexed.Justice Manish Pitale rejected an application filed by the daughters of a...

Bombay High Court Directs Dept. To Accept Declaration Under VsV Act

The Bombay High Court at Goa has directed the department to accept the declaration under the Vivad Se Vishwas Act, 2020 (VsV Act).The bench of Justice M. S. Sonak and Justice Valmiki Sa Menezes has observed that the delay alleged on the part of the Petitioner is hardly 11 days. The alleged deficit payment, if any, is of hardly 2,21,862. However, even if it is assumed that there was some...

Copyright Assignees Like PPL & Novex Are 'Owners', Can Issue Music License Without Being Registered Copyright Societies U/S 33(1) Of Copyright Act: Bombay HC

In a significant order, the Bombay High Court has held that music rights holders like Phonographic Performance Ltd and Novex are copyright owners and can issue music licenses even if they are not registered as copyright societies under Section 33(1) of the Copyrights Act.PPL and Novex are two companies that have acquired music assignments from producers like Tips, T-Series, Eros etc and are...

Govt Not Decided On Renewing Turf Club Lease Or Making Theme Park At Mahalaxmi Racecourse: Bombay HC Accepts AG's Statement, Keeps Pleas Pending

The Bombay High Court has accepted the Maharashtra Government's statement on Thursday that they have not yet made a final decision about building a theme park or renewing the lease of the turf club on the 221-acre Mahalaxmi Racecourse.A division bench comprising Justices GS Patel and Kamal Khata refused to immediately interfere with the Chief Minister's statement dated December 6, 2023,...

AO Has No Jurisdiction To Assess Or Reassess Income Which Was Subject Matter Of Appeal: Bombay High Court

The Bombay High Court has held that the AO has no jurisdiction to assess or reassess any income, which was the subject matter of an appeal.The bench of Justice K.R. Shriram and Justice Neela Gokhale has observed that since the grant of benefit under Section 11 of the Income Tax Act, 1961, was the subject matter of appeal and has been held in favour of the assessee, the matter cannot...

Offences Under Investigation Cannot Be Considered Basis For An Externment Order Against Accused: Bombay High Court

The Bombay High Court held recently that alleged offences which are under investigation, and for which a chargesheet has not been filed cannot be considered for passing an externment order against the accused.Justice NJ Jamadar quashed and set aside an externment order against one Imtiyaz Hussain Sayyad observing that the externing authority considered two crimes against him even though...

[Maratha Reservation] Will Follow Shaheen Bagh Order On Protests, Prevent Road Blockages: State To Bombay High Court

The Bombay High Court recorded the Maharashtra Government's statement on Wednesday that all necessary measures will be taken to prevent the blockage of public roads or inconvenience to commuters during the Maratha Reservation protests.The court issued notice to activist Manoj Jarange Patil returnable on February 14, 2024. Patil, who has been advocating for Maratha Reservation from the OBC...