“Further Detention Will Frustrate Object Of Article 21”: Bombay HC Grants Bail To Former MD Of IL&FS Hari Sankaran In Fraud Case After Nearly 5 Yrs

The Bombay High Court has granted bail to Hari Sankaran (63), prime accused in the high-profile Rs. 94 crore IL&FS alleged fraud case, five years after his arrest.Sankaran, the former Vice Chairman and Managing Director of IL&FS Financial Services Ltd. (IFIN), was arrested on April 1, 2019, by the Serious Fraud Investigation Office (SFIO) for offenses punishable under Sections 447 of...

Bombay High Court Orders State Govt To Immediately Repair Internal Roads Of Mumbai's Aarey Milk Colony

The Bombay High Court on Wednesday directed the state government's Department of Agriculture, Animal Husbandry, Dairy and Fisheries Development to immediately initiate the repair or reconstruction of internal roads of the Aarey Milk Colony in Mumbai.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor directed that the authorities “shall be guided by...

Bombay High Court Upholds Conviction Of “Mantrik” For Rape Of Six-Year-Old Girl Who Died After Pretend Exorcism

The Bombay High Court on Wednesday upheld a man's conviction for raping a six-year-old child under the pretext of exorcising and driving out evil spirit from her. The girl passed away after this incident.Justice Abhay S Waghwase of the Aurangabad bench observed that there was sufficient eyewitness testimony to establish the rape charge despite there being no medical evidence as her...

Bombay High Court Weekly Roundup: February 26 To March 3, 2024

Nominal Index [Citation 106 - 119] Grand Paradi Co-operative Housing Society Ltd. & Ors. v. Mont Blanc Properties & Industries Pvt. Ltd. & Ors. 2024 LiveLaw (Bom) 106 State of Maharashtra v. Dr. Anil Pinto 2024 LiveLaw (Bom) 107 Shendra Advisory Services P. Ltd. v. Deputy Commissioner of Income Tax 2024 LiveLaw (Bom) 108 ABC v. State of Maharashtra 2024 LiveLaw (Bom) 109...

Bombay High Court Sets Aside Police Custody Of NCP Worker Booked For Uploading Video Containing Death Threats To Dy CM Devendra Fadnavis

The Bombay High Court on Wednesday set aside the sessions court order granting police custody of NCP (Sharadchandra Pawar) worker Yogesh Rajendra Sawant arrested for allegedly posting a video containing death threats to Deputy CM Devendra Fadnavis.Justice RN Laddha allowed Sawant's writ petition against the order of the Additional Sessions Judge as Sawant was already in judicial custody and...

“Life Of Litigants, Advocates & Govt Employees At Risk” – Plea In Bombay High Court Seeks Reconstruction Of Dilapidated Mulund Court Building, HC Issues Notice

The Bombay High Court has issued notice to the state on an advocate's plea highlighting the dilapidated condition of the Mulund Court building, seeking reconstruction.A proposal to reconstruct the building has remained on paper for over 20 years, the petitioner claimed. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said that AGP shall have...

GN Saibaba Case | Merely Downloading Naxal Literature Not An Offence Under UAPA: Bombay High Court

Merely downloading Communist or Naxal literature from the internet or being a sympathizer of the philosophy is not an offence under the Unlawful Activities Prevention Act (UAPA), the Bombay High Court has held.The court said that in addition to the literature, evidence was required to connect the accused to specific incidents of violence and terrorism, which would be offences within the...

GN Saibaba Case | No Evidence To Connect Accused To Terrirost Act; Trial Failure Of Justice : Bombay High Court

The Bombay High Court observed today that the trial of former Delhi University Professor GN Saibaba and others was held despite violation of mandatory provisions of the Unlawful Activities Prevention Act (UAPA) pertaining to arrest, search and seizure, and sanction to prosecute.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes, while acquitting GN Saibaba and others in...

[MRTU & PULP Act] Working Journalists' Status Distinct From Regular Workmen Due To Special Privileges, Can't Be Considered Employees: Bombay HC

The Bombay High Court on Monday held that working journalists are not employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) and therefore, cannot file complaints of unfair labor practices under the said Act.A division bench of Justice Nitin Jamdar and Justice Sandeep Marne delivered the judgment on a reference by...

Actual Agricultural Operation, Not a Necessary Condition To Qualify As Agricultural Land; Bombay High Court

The Bombay High Court has held that actual carrying on of agricultural operations is not a necessary condition for deciding that the parcels of land were agricultural lands.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has quashed the order and remanded the matter for passing the fresh assessment order. The AO will only examine whether the evidence brought on record...

BREAKING| Bombay High Court Dismisses Maharashtra's Plea To Stay Judgment Acquitting Prof GN Saibaba & Others

The Bombay High Court has dismissed an application filed by the State of Maharashtra Government seeking to stay the implementation of the acquittal of former Delhi University Professor GN Saibaba and five others in a Maoist-links case under the Unlawful Activities Prevention Act (UAPA). The State filed an application before the HC bench of Justices Vinay Joshi and Justice Valmiki SA...

TDS Not Liable To Be Deducted On Business Support Services As Not Taxable As FTS: Bombay High Court

The Bombay High Court has held that business support services are not taxable as a fee for technical services (FTS), and no TDS is liable to be deducted.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that even if it is fees for technical or consultancy services, it can be only where fees are paid in consideration for making available technical knowledge,...