Bombay High Court
Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen.A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse, while rejecting the plea, emphasized that it would not be safe to hand over custody to the father due to his reported anger issues...
Tax Can't Be Imposed Presuming Possible Order Of The Small Causes Court: Bombay High Court
The Bombay High Court has held that one cannot tax the amount that has not accrued to the assessee and has not been received by the assessee on the assumption and presumption that in the future, the small Causes court will at least order the said sum in favour of the appellant or assessee.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the determination of...
Bombay High Court Introduces Auto-Listing Of Fresh Matters On Trial Basis
The Principal Bench (at Mumbai) of the Bombay High Court will initiate auto-listing for freshly filed cases before specific benches from December 11, 2023. The High Court Registrar issued a notice on December 5, outlining the details of this new protocol.According to the notice, freshly filed matters will be automatically listed for hearing in a supplementary cause list before specific judges...
Bombay High Court Refuses Bail To Sadanand Kadam, 'Close Aide' Of Shiv Sena (UBT) MLC Anil Parab In Dapoli Resort Case
The Bombay High Court on Monday refused bail to Sadanand Kadam, a close associate of Shiv Sena (UBT) MLC Anil Parab, accused in a money laundering case in connection with the construction of an allegedly illegal resort named 'Sai Resort' in Dapoli, situated in Maharashtra's Ratnagiri district.Justice MS Karnik pronounced the order. The Enforcement Directorate (ED) arrested Kadam in March 2023...
Bombay High Court Dismisses Petition Filed By Serum Institute Of India Challenging 2016 Amendment To Income Tax Act
The Bombay High Court has dismissed a petition filed by Serum Institute of India Pvt. Ltd. challenging a 2016 amendment to the Income Tax Act.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the amendment to Section 2(24) by insertion of the impugned sub-clause that includes various subsidies and concessions only indicates the well-established jurisprudential...
Nothing More Tragic Than This: Bombay High Court On Fire Outbreak In Mumbai's Girgaon, Pulls Up State Over Delay In Notifying Safety Rules
The Bombay High Court on Wednesday pulled up the state government for the delay in notifying safety rules to curb man-made disasters such as fire outbreaks in vulnerable buildings. The recommendations of the Expert Committee constituted on the court's order have been pending before the government since February 2023. “This is not done. I am sitting here to prompt you? Is it our job?...
Cheque Dishonour | Wife Not Signatory, Cannot Be Held Liable For Cheque Signed & Given By Husband From Joint Account: Bombay High Court
The Bombay High Court recently quashed and set aside process and summons issued to a woman by the Magistrate's court in a cheque bounce case, noting that only her husband was a signatory to the cheque.Justice Sarang Kotwal quoted the judgement of the Supreme Court in Aparna A. Shah vs M/S. Sheth Developers Pvt. Ltd. “We also hold that Under Section 138 of the N.I. Act, in case of issuance...
Bombay High Court Denies Regularisation To Senior Citizen Under Employment Guarantee Scheme, Enhances Compensation Due To 37 Yrs Of Litigation
Observing that workers under the Employment Guarantee Scheme (EGS) are not entitled to continued employment or regularisation, the Bombay High Court refused to grant absorption in service to a 60-year-old man who worked for two years under EGS as a Mustering Assistant.A division bench of Justice Ravindra V Ghuge and Justice YG Khobragade sitting at Aurangabad observed, “…workers working...
'Supreme Court Direction Must Be Implemented': High Court Directs Maharashtra Govt To Regularize Employment Of 'Court Managers'
The Bombay High Court recently directed the State Government to implement a 2018 direction of the Supreme Court in “All India Judges Association Vs. Union of India,” which directed the regularisation of employment of Court Managers responsible for handling the administration of all courts across Maharashtra.Court Managers are MBA graduates whose assistance in administration is meant to...
Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold Rights
The Bombay High Court has quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights.The bench of Justice K.R. Shriram and Justice Neela Gokhale has observed that if the amount was already considered in the subsequent AY and the assessment order was also passed, the question of escapement of income for the same amount in the previous AY will not arise...
Bombay High Court Quashes Corruption Case Against Forest Officer Upon Finding Forest Dept Was Dictated By Law Dept In Sanctioning Prosecution
The Bombay High Court recently held that the sanctioning authority for a corruption case cannot exercise its power influenced by the dictation of others.Justice Bharati Dangre quashed a corruption case against a Range Forest Officer (RFO) upon observing that the sanction to prosecute him was invalid as the Forrest Department, while of the clear opinion that he couldn't be prosecuted,...
Teacher Allegedly Working In Two Places With Connivance Of Headmaster No Ground To Appoint Administrator Over School: Bombay High Court
The Aurangabad bench of the Bombay High Court recently set aside a state government order appointing an administrator over an Ashram School in Nanded District on the ground that one of the teachers had secured employment elsewhere with the connivance of the headmaster.A division bench of Justice Mangesh S Patil and Justice Neeraj P Dhote held that the order is unsustainable as the reason for...