Bombay High Court
Additional Fees For Changing Slum Developer's Structure Not Applicable When Owner Inducts Legal Heirs As Partners: Bombay High Court
The Bombay High Court recently held that additional fees applicable for changing the structure of a slum developer company/firm and inducting third parties is not applicable when the owner inducts his legal heirs as partners in order to ensure smooth transition after his death.Justice Milind N Jadhav quashed an order of the Slum Development Authority (SRA) directing a slum developer to...
Bombay High Court Restrains Performance Of Copyrighted Songs In New Year 2024 Event At Lucknow's Ramada Hotel
The Bombay High Court on Friday granted ad-interim injunction against playing of copyrighted songs without license in the New Year 2024 event to be organized at Ramada Hotel, Lucknow.Justice RI Chagla granted the relief to Phonographic Performance Ltd. (PPL) in its infringement suit against Kaamakazi Solution Pvt. Ltd, the organizer of the event.“In my view, in the absence of ad-interim...
No Detention Centres, Held In Police Station For Over A Month: Bombay High Court Stays Deportation of Yemeni Refugee, Orders Temporary Release
The Bombay High Court has stayed the deportation of a Yemeni National and ordered his immediate release from the custody of the Pune police. He was detained by the police on 6th November 2023 under the Foreigners Act.A division bench comprising Justices Revati Mohite Dere and Gauri Godse observed that the Yemeni National – Fahd – was detained at the police station for one month and 18...
Maratha Candidates Who Applied For Govt Jobs Under SEBC In 2019 Can Be Considered Under EWS Category: Bombay High Court
The Bombay High Court on Friday set aside the Maharashtra Administrative Tribunal's (MAT) February 2023 order barring candidates from the Maratha community from being considered for government jobs under the Economically Weaker Sections (EWS) category in the recruitment processes of 2019.A division bench of Justice Nitin Jamadar and Justice Manjusha Deshpande upheld the state...
Action Of Customs Assistant Commissioner In Selling Gold Jewellery Belonging To Assessee Is Illegal: Bombay High Court
The Bombay High Court has held that the action on the part of the Assistant Commissioner of Customs in disposing of or selling the gold jewellery belonging to the petitioners or assessee subject matter of the proceedings was illegal and unconstitutional.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has directed the respondents or department to restore to the petitioners...
POCSO Cases| Bombay HC Directs State Govt To Formulate Guidelines For Conducting Test Identification Parades, Ensure Victim's Confidentiality
The Bombay High Court on Tuesday directed the state government to frame guidelines for conducting test identification parades (TI parades) in cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012.A division bench of Justice Vibha Kankanwadi and Justice Abhay S Waghwase sitting at Aurangabad also directed the state to come up with a standard operating procedure (SOP)...
Victim Can't Appeal U/S 14-A SC/ST Act Against Acquittal/Bail In Cases Involving Offences Under Both POCSO & SC/ST Acts: Bombay High Court (FB)
The Bombay High Court on Tuesday held that in cases involving offences under both the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), a victim does not have the right to file an appeal under Section 14-A of the Atrocities Act against acquittal or bail.A Full Bench of Justice Mangesh...
Bombay High Court Grants Bail To Murder Accused Held For 5 Years Without Framing Of Charges
The Bombay High Court, on Wednesday granted bail to an accused in a murder case citing his prolonged incarceration without the framing of charges for the past five years. Justice Bharati Dangre while granting bail to one Javed Ansari, stated “Though the material in the charge-sheet indicate the Applicant's active participation in the subject C.R., if the concerned Court on account of the...
Customs Deputy Commissioner's Order Contrary To AAR's Ruling, Bombay High Court Quashes
The Bombay High Court has quashed the customs deputy commissioner's order contrary to the ruling passed by the Authority of Advance Ruling (AAR).The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the ruling passed by the AAR in the petitioner's own case is binding under Section 28 J (1) on the petitioner and the respondents/department as there is no change in...
Agreement To Provide Manpower For Maintenance Is Contract Of Service And Not A Sale Under MVAT Act: Bombay High Court
The Bombay High Court has held that an agreement to provide manpower to perform maintenance is a contract of service and not a sale contract under the MVAT Act.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the pith and substance of the contract or true nature of the transaction show that the contract is a contract for service simpliciter and is not a...
"No Material To Infer Gautam Navlakha Committed Terrorist Act": Bombay High Court In Bail Order In Bhima Koregaon- Elgar Parishad Case
There is no material to infer senior journalist and accused Gautam Navlakha had committed a terrorist Act as contemplated under Section 15 of UAPA, the Bombay High Court observed in its detailed order granting him bail in the Bhima Koregaon – Elgar Parishad riots case.“The actual involvement of the appellant in any terrorist act cannot be even inferred from any of the communications and/...
Section 91 CrPC | During Framing Of Charges Accused Can Seek Production Of Documents Submitted To IO Even If He Possesses Them: Bombay High Court
The Bombay High Court held that under section 91 of the CrPC, an accused at the stage of framing of charges, can seek production of potentially exculpatory documents voluntarily submitted to investigating officer (IO) even if he has the documents in his possession and submitted copies to the IO.Justice Bharati Dangre set aside a sessions court order refusing to direct the IO to produce...