Bombay High Court
Bombay High Court Stays Demolition Notice Against Senior Advocate, Flags 'Selective Approach' Of Mumbai Civic Body
The Bombay High Court recently stayed a notice by the Brihanmumbai Municipal Corporation (BMC) directing a practicing senior advocate at the HC - V Sridharan- to remove or demolish an alleged illegal merging of a niche area into his office space.A division bench comprising Justice Gautam Patel and Kamal Khata noted neither was the advocate heard before the order was passed nor was any...
Bombay High Court Quashes Income Tax Assessments Against Agriculturist And Rickshaw Driver For Improper Sanction
The Bombay High Court has quashed the income tax assessments for the assessment year 2016-2017 against agriculturists and rickshaw drivers for improper sanction.The bench of Justice K.R. Shriram and Justice Neela Gokhale relied on its earlier decision in Siemens Financial Services Private Limited Vs. Deputy Commissioner of Income Tax & Ors. The court held that the approval of the...
S.306(4) CrPC | Approver May Be Granted Bail Before Completion Of Trial If He Complies With Conditions Of Pardon: Bombay High Court
An approver who has complied with all conditions of pardon and deposed as a witness in the prosecution's favor need not remain incarcerated till the end of the trial and would be entitled to bail, especially in case of a protracted trial, the Bombay High Court held.Justice MS Karnik observed that the bar under Section 306(4) of the CrPC against releasing an approver before conclusion of...
Bombay High Court Quashes Reassessment Proceedings Against Non-Existent Entity Despite Active PAN
The Bombay High Court has quashed the reassessment proceedings against non-existent entities despite an active PAN.“PAN was not deactivated, which would not help the revenue because there could be cases relating to various years when the company was in existence, and it is possible those PAN numbers are picked up for scrutiny or for the issuance of a refund. That, in our view, will not be...
Firm Liable To Pay Tax On Distribution Of Capital Assets On Dissolution And Not Partner: Bombay High Court
The Bombay High Court has held that, as per Section 45(4) of the Income Tax Act, assuming that there was a distribution of capital assets upon dissolution of the firm, it is the firm and not the partner who has to pay the tax.The bench of Justice K. R. Shriram and Justice Dr. Neela Gokhale has observed that the amount of Rs. 28 crores can be considered the amount received by a partner...
Tunisha Sharma Death: Bombay HC Refuses To Quash Abetment FIR Against Actor Sheezan Khan, Says Altercation Before Suicide Prima Facie Incitement
Bombay High Court on Friday refused to quash an FIR against actor Sheezan Khan for allegedly abetting suicide of co-star Tunisha Sharma in December last year.A division bench of Justice AS Gadkari and Justice Sharmila U Deshmukh observed that an altercation between the Khan and Sharma in his make-up room just before her suicide is prima facie a direct act of incitement to commit suicide as...
Bombay High Court Reduces Time For Bursting Firecrackers To Two Hours, Seeks Statutory Mechanism To Combat Pollution
The Bombay High Court today reduced the window during which bursting of firecrackers is permitted in the Mumbai Metropolitan Region to 8 PM – 10 PM in view of previous order of the Supreme Court in Arjun Gopal v. Union of India passed on November 8, 2021.“The SC order says people should burst firecrackers at a designated time and designated places. Also that if banned firecrackers are...
Bombay High Court Quashes FIR Against Raj Thackeray For Disobeying Public Servant In 2010
The Bombay High Court on Friday quashed the FIR and criminal proceedings against Maharashtra Navnirman Sena (MNS) chief Raj Thackeray alleging disobeying an order of a public servant by overstaying in Kalyan Dombivali Municipal Corporation area ahead of civic elections held in 2010.A division bench of Justices Ajey S Gadkari and Sharmila U Deshmukh pronounced the order. According to the...
Re-Opening Is Not Permissible As It Falls Within The Purview Of A ‘Change Of Opinion’: Bombay High Court
The Bombay High Court has held that re-opening is not permissible as it clearly falls within the purview of a ‘change of opinion’ which is impermissible in law.The bench of Justice K. R. Shriram and Justice Neela Gokhale have observed that the basis on which the AO issued notice alleging that there was "information" that suggests escapement of income was an internal audit...
‘Only 7 Family Court Judges In Mumbai’: High Court Imposes Cost On Mother Seeking "Unreasonably" Quick Disposal Of Execution Plea For Access To Minor
Observing that lawyers at the bar were required to be sensitive to the heavy load of matters heard by Family Court Judges daily, the Bombay High Court dismissed a woman’s plea seeking directions to the Family Court to decide her execution petition filed in 2022 within a month.Justice Sharmila Deshmukh imposed cost of Rs. 15,000 on the woman noting one month was an “unreasonable”...
Bombay High Court Launches Its Telegram Channel
The Bombay High Court has launched a dedicated Telegram channel for real time updates to its subscribers.Telegram is a cross-platform social media communication app (available for Android and iOS).The notice issued by the Registrar General states that many government departments already own their Telegram channels. "The Bombay High Court Telegram channel features essential information...