Bombay High Court
Bombay High Court Dismisses 'Unsavory' PIL Seeking To Reduce MLAs' Salaries And Perks
The Bombay High Court on Monday dismissed a Public Interest Litigation seeking reduction in perks and salaries of MLAs in Maharashtra, citing a previous judgment wherein it was held that this is a policy decision outside the domain of the court.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor criticized the petition, observing that it was full of...
Aviation Safety Norms Can't Be Relaxed For Public Authority: Bombay High Court Refuses Height Relaxation For MHADA High Rise Near Mumbai Airport
The Bombay High Court recently rejected Maharashtra Housing And Area Development Authority's (MHADA) writ petition seeking relaxation of height restrictions for a 40-floor building near the Chhatrapati Shivaji Maharaj International Airport (CSMIA) in Mumbai.A division bench of Justice GS Patel and Justice Kamal Khata observed that aviation safety has nothing to do with the identity of...
Bombay High Court Digest On Bail 2023
1. MCOCA | Refusal Of Sanction To Prosecute Does Not Invalidate Extension Of Judicial Custody Given By Special Court: Bombay High Court Case Title: Naresh s/o Netram Nagpure and Ors. v. State of Maharashtra Citation: 2023 LiveLaw (Bom) 4 Once the court extends the judicial custody of an accused, the refusal of sanction to prosecute will not invalidate the extension of...
Breaking | Shinde Faction Approaches Bombay High Court Challenging Speaker's Refusal To Disqualify Uddhav Thackeray Faction MLAs
The faction of Shiv Sena led by CM Eknath Shinde has approached the Bombay High Court challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar's refusal to disqualify 14 MLAs of the Uddhav Thackeray faction.Last week, Narwekar declared that the Eknath Shinde-led faction was the real Shiv Sena when the party split on June 22, 2022. However, he dismissed petitions filed by both...
Breaking | Bombay High Court Defers Verdict On Validity Of IT Rules Amendment; Govt To Not Notify 'Fact Check Unit' Till Then
The Bombay High Court has deferred its verdict on challenge to Rules 3(i)(II)(A) & (C) of the IT Amendment Rules, 2023 that mandate social media intermediaries like 'X' to make “reasonable efforts” to prevent users publishing information on the government's business- identified by Fact Check Unit as fake, false or misleading.A division bench comprising Justices Gautam Patel and...
Banks/NBFCs Not Obliged To Initiate Restructuring Process Before Classifying MSME Account As NPA Sans Application From MSME: Bombay High Court
The Bombay High Court recently held that banks and non-banking financial companies (NBFCs) are not obligated to initiate restructuring process before classifying accounts of Micro, Small, and Medium Enterprises as Non-Performing Assets (NPA) in the absence of any application from the MSMEs seeking restructuring.A division bench of Justice BP Collabawalla and Justice MM Sathaye held...
Merely Commenting About Lack Of Woman's Cooking Skills Not 'Cruelty' U/S 498A IPC: Bombay High Court
The Bombay High Court recently ruled that commenting that a woman doesn't know how to cook is not cruelty and would not constitute an offence under section 498A of the Indian Penal Code.“In the instant case, the only allegation levelled against these Petitioners is that they had commented that Respondent No.2 does not know how to cook. Such comment does not constitute 'cruelty' within...
Bombay High Court 2023 Digest On Special Criminal Acts - POCSO, UAPA, NDPS, PMLA
Protection of Children from Sexual Offences Act, 20121. Kala Kendra's Performance License Can't Be Cancelled When Alleged Offence Under POCSO Act Not Committed On Premises: Bombay High Court Case Title: Natraj Sanskrutik Kala Kendra through its proprietor Vishal Nandkishor Gangawane v. State of Maharashtra & Ors. Citation: 2023 LiveLaw (Bom) 117 The Bombay High...
Bombay High Court Allows Stamp Duty Refund To Flat Purchaser Beyond Time Limit, Says Delay Caused By Developer's Default
The Bombay High Court allowed refund of stamp duty for a flat purchase agreement to a man in his late 60s despite cancellation of the agreement beyond the limit of 5 years under the Maharashtra Stamp Act, as the developer neither developed the building nor cancelled the agreement in time.Justice NJ Jamadar observed that the petitioner had diligently pursued remedies before RERA and the delay...
Defect Notice Caused No Prejudice Since Last 30 Years, Assessee Clearly Understood Purport Of Notice: Bombay High Court
The Bombay High Court has held that even assuming that there was a defect in the notice, it had caused no prejudice to the assessee, and the assessee “clearly understood” what the purport and import of the notice were under Section 274 read with Section 271 of the Income-tax Act, 1961. The principles of natural justice cannot be read in abstract form.The bench of Justice G. S. Kulkarni...
Can't Condone Everything By Taking Money: Bombay HC Criticizes BMC For Defending Stacked Parking Allegedly Violating Fire Safety Norms
The Bombay High Court on Friday took strong exception against the civic body's responses to a potential fire hazard owing to stacked parking, blocking the access to a building in Borivali.A division bench of Justices Gautam Patel and Kamal Khata orally remarked,"...We know of no principle in law by which the fire safety of those living in buildings of less than 13 floors can be said to be...