Bombay High Court
NCLT Has Jurisdiction To Direct ED To Release Attached Properties Of Corporate Debtor: Bombay High Court
The Bombay High Court held recently that the NCLT has the jurisdiction to direct the Enforcement Directorate (ED) to release attached properties of a corporate debtor once the resolution plan has been approved and immunity from prosecution is triggered under Section 32A of IBC, 2016.A division bench of Justice BP Colabawalla and Justice Somasekhar Sundaresan upheld an NCLT order directing the...
Bombay High Court Grants Bail To Man Accused Of Cheating Actor Vivek Oberoi
The Bombay High Court recently granted bail to actor Vivek Oberoi's business partner Sanjay Saha arrested in a Rs. 1.55 crore cheating case filed by Oberoi for allegedly siphoning off the funds of their film production firm.Justice NJ Jamadar held that prima facie, clauses of the partnership agreement supported Saha's contention that the money was used for purposes expressly authorised under...
No Compelling Reasons To Grant Reservation: PIL Before Bombay High Court Challenges 10% Reservation To Maratha Community
A Public Interest Litigation (PIL) has been filed before the Bombay High Court, seeking to quash the recently enacted Maharashtra State Reservation Act 2024. This legislation grants 10% reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC) category.“there are no compelling reasons to provide reservation to the community. It is most...
Bombay High Court Acquits GN Saibaba & 5 Others In Alleged Maoist Links Case
The Nagpur bench of the Bombay High Court on Tuesday set aside the conviction of former Delhi University Professor GN Saibaba and five others in an alleged Maoist-links case under the Unlawful Activities Prevention Act (UAPA).A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes pronounced the judgment.Wheelchair-bound GN Saibaba and his co-accused have been under custody...
Unfortunate That 'Tantrics/Babas' Take Advantage Of Vulnerability & Blind Faith: Bombay HC Upholds Man's Life Term For Rape Of 6 Minor Girls
The Bombay High Court recently confirmed the conviction and life sentence of a man claiming to be a tantric who raped and sexually exploited seven girls, six of them minors, for over five years under the pretext of curing them from begetting intellectually challenged male children.A division bench of Justice Revati Mohite Dere and Justice Manjusha Deshpande dismissed the appeal filed by...
Bombay High Court Issues Contempt Notices To Lilavati Hospital's Founder Trustee & Son On HDFC's Plea
The Bombay High Court has issued contempt notices against the founder trustee of Lilavati Hospital – octogenarian Kishore Mehta and his son Rajesh for alleged breach of undertakings given to the court and for allegedly failing to deposit 25% of debt amount, in proceedings filed by HDFC Bank.HDFC claimed the respondents had deposited only Rs 3.68 crore whereas they were supposed to deposit...
Application For Enhancing Electricity Load Doesn't Constitute Intimating Supplier About Change In Class Of Usage: Bombay High Court
The Aurangabad Bench of the Bombay High Court recently held that an electricity consumer's application for load enhancement of electricity does not constitute intimation to the electricity supplier of change in the class of electricity usage.Justice SG Mehare restored a bill of over Rs. 23 lakhs levied on a landlord and tenant for unauthorized usage by MSEDCL after it found that the use of...
Bombay High Court Quashes Reassessment Notices Issued Against Godrej For Beyond Limitation Period
The Bombay High Court has quashed the reassessment notices issued against Godrej because the notice was issued beyond the limitation period.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the validity of a notice must be judged on the basis of the law existing as on the date on which the notice is issued under Section 148 of the Income Tax Act, which in the...
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...