Bombay High Court
No Justification For Imposing Maximum Penalty: Bombay HC Upholds Penalty Reduction For Rajasthan Royals Owners Over FEMA Violation, Dismisses ED Appeal
The Bombay High Court on Wednesday upheld the reduction of the total penalty imposed on Jaipur IPL Cricket Pvt. Ltd. (JIPL), owner of the Rajasthan Royals franchise, from Rs. 98.35 crores to Rs. 15 crores for violation of foreign exchange laws and regulations.A division bench of Justice KR Shriram and Justice Neela Gokhale observed that the Special Director of Enforcement failed to provide...
Bombay High Court Calls For Time Limit On Disposal Of Second Appeals Under RTI Act, Seeks Enhanced Efficiency Of State Information Commission
The Bombay High Court on Wednesday urged the Maharashtra State Information Commission (SIC) to establish a reasonable time limit for the expedited disposal of second appeals and complaints filed under the Right to Information (RTI) Act, 2005. A division bench of Justice Devendra Upadhyaya and Justice Arif Doctor asked the SIC to evolve norms for more efficient functioning once its vacancies...
Bombay High Court Directs Election Commission Of India To Conduct Bye-Election for Vacant Pune Lok Sabha Seat
The Bombay High Court on Wednesday ordered the Election Commission of India (ECI) to conduct a bye-election immediately for the Pune Lok Sabha constituency, which has been vacant since the death of MP Girish Bapat on March 29, 2023. A division bench of Justice GS Patel and Justice Kamal Khata criticized the ECI's reasoning for not conducting the by-election, claiming that it has been too...
Such Acts Must Be Nipped In The Bud: Bombay High Court Upholds Termination Of Employee Over Provocative Facebook Posts
The Bombay High Court on Tuesday upheld the termination of an employee of Hitachi Astemo Fie Pvt. Ltd., an auto parts manufacturer, who was fired over provocative posts on Facebook.Justice Milind N Jadhav observed –“Freedom of speech and expression cannot be allowed to be transgressed beyond reasonableness. If that is allowed, it could lead to disastrous consequences. In a given case,...
'Sorry State Of Affairs That System Has Forgotten Applicant': Bombay HC Seeks Explanation On Accused Held For 5 Yrs Without Framing Charges
The Bombay High Court on Monday sought an explanation from the District Judge, Thane and the District Judge and Additional Sessions Judge, Belapur for the prolonged delay in trial in a murder case in which the accused has been in custody for the past 5 years without framing of charges.Justice Bharati Dangre expressing dismay over the prolonged delay said that it is time to fix accountability...
Bombay High Court Upholds Eviction Citing Genuine Need Of Owners Living With 11 Family Members, Says Tenant Can't Ask Landlord To 'Adjust'
The Bombay High Court recently observed that the property owner is the best judge of his residential needs, and the tenant cannot make the landlord adjust to smaller premises to protect the tenancy.Justice Anuja Prabhudessai upheld an eviction decree observing that the landlords showed a “reasonable and bonafide requirement” of the premises as they along with 11 family members were...
High Court Denies Protection To Vithal-Rukumai Temple In South Mumbai Citing Lack Of Declaration As Monument Of National Or State Importance
The Bombay High Court held that it cannot issue direction for protection of a site as a monument of historical importance in the absence of a formal declaration of the site as a monument of State/National importance or a heritage site under a Central or State law or the Development Control and Promotion Regulations for Greater Mumbai (DCR).A division bench of Chief Justice Devendra...
Tea Stored In Warehouse Is An Agricultural Produce, Not Exigible To Service Tax: Bombay High Court
The Bombay High Court has issued a writ of certiorari against the Appellate Authority of Advance Ruling (AAAR) and held that “tea” stored in warehouses is agricultural produce and is not eligible for service tax.The bench of Justice G. S. Kulkarni and Justice Jitendra Jain has observed that a writ of certiorari can be issued only when there is a failure of justice and that it cannot be...
Bombay High Court Weekly Round-up: December 04, 2023 To December 10, 2023
Nominal Index [Citation 561 - 576]Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd. 2023 LiveLaw (Bom) 561Mataji Educational Institution and Anr. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 562Sunil Achyutrao Thete v. State of Maharashtra 2023 LiveLaw (Bom) 563Peoples Education Society Thane v. Assistant Commissioner of Income Tax 2023 LiveLaw (Bom) 564Harish B. Bhoite v. State...
Bombay High Court Expresses Concern Over Unspent Healthcare Budget, Directs State To Ensure That Sanctioned Budget Is Spent
The Bombay High Court recently criticized the state government for underutilization of the designated budget for the procurement of drugs and medical equipment.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor said that unspent budget gets lapsed at the cost of the healthcare system.“what we, prima facie, find is that the entire budget sanctioned...
Unacceptable That ECI Cannot Hold Pune Lok Sabha Bypoll Due To Being Busy With Other Elections: Bombay High Court
The Bombay High Court on Monday deemed untenable the Election Commission of India's (ECI) stand that it cannot conduct a bye-election for the Pune Lok Sabha constituency due to its engagement in other electoral activities across the country, including preparations for the 2024 Lok Sabha elections. A division bench of Justice GS Patel and Justice Kamal Khata remarked that this was an...
Mumbai Air Pollution | High Court Directs BMC And MPCB To Jointly Inspect Major Public Projects For Compliance With Pollution Control Norms
Bombay High Court on Monday directed Maharashtra Pollution Control Board and BMC to jointly inspect 7 major public projects in Mumbai to ensure compliance with pollution control norms and take legal action against non-compliant stakeholders.“We direct that the MCGM and the Pollution Control Board shall carry out a joint inspection of the 7 sites and immediately take requisite steps, pass...