Non-Disbursal Of Sanctioned Loan Does Not Amount To Abetment To Suicide: Bombay High Court

The Bombay High Court bench at Aurangabad recently held that merely because the finance company did not disburse a sanctioned loan amount for want of procedural requirements and/or demanded processing fees or took one instalment in advance, and the loan applicant commits suicide, the said firm or its employees, then cannot be booked for abetment of his suicide or defamation.A division bench...

[SEBI Act] Exoneration In Regulatory Proceedings Only Bars Prosecution When There Is Finding Of Innocence: Bombay High Court

The Bombay High Court has held that discharge from prosecution under the SEBI Act cannot be claimed merely on the ground that an adjudicating officer of SEBI has not imposed a penalty or passed any adverse directions. The Court ruled that exoneration in regulatory proceedings will bar criminal prosecution only when there is a clear and categorical finding of innocence on the merits, and...

Tax Liability Under JDA Arises Only Upon Conveyance Of Property, Not On Execution Of Agreement: Bombay High Court

The Bombay High Court held that tax liability under JDA (joint development agreement) arises only upon conveyance of property, not on execution of agreement. The bench consists of Justices Bharati Dangre and Nivedita P. Mehta stated that no liability actually fell upon the assessee at the time when JDA was entered into, as the liability arises only upon the conveyance of...

After Delhi HC, Bombay High Court Also Vacated Over Bomb Threat

Update: Court returned to normalcy at about 3pm with some benches resuming hearings.The Bombay High Court on Friday noon received a Bomb threat after which the court premises were vacated resulting in judges rising from the court even before the lunch break.Initially, the bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, sitting in the central court, abruptly left the...

Right To Travel Abroad Can't Be Curtailed Solely On Grounds Of Pending Tax Prosecution: Bombay High Court

The Bombay High Court has stated that facing tax prosecution does not automatically bar an accused from foreign travel. Justice S.M. Modak stated that, "It is true right to travel abroad is recognized as a fundamental right. Merely because a person is facing with prosecution, it does not mean that he cannot travel abroad till the time the investigation is under progress or criminal...

'Absence Of Party On A Few Occasions Is Not Sufficient To Dismiss Case For Non-Prosecution': Bombay High Court

The Bombay High Court has held that a complaint cannot be dismissed for non-prosecution under Section 256 of the Code of Criminal Procedure merely because the complainant or counsel was absent on a few dates of hearing. The Court observed that principles of natural justice require giving the complainant a fair opportunity to prosecute the complaint on the merits, and that a harsh...

Ambiguous Terms Of An Insurance Policy Must Be Interpreted To Favour The Insured: Bombay High Court

The Bombay High Court has held that in cases of ambiguity in an insurance policy, the principle of contra proferentem would apply and the terms must be interpreted in favour of the insured. The Court expressed serious concern over the conduct of TATA AIG General Insurance Company in repudiating the claim of a widow whose husband had availed a compulsory credit-linked insurance policy bundled...

Centre Notifies Permanent Appointments For 6 Additional Judges Of Bombay High Court

The Central Government on Wednesday (September 10) notified the permanent appointments for 6 additional judges of the Bombay High Court. The notification issued by the Ministry of Law and Justice states:"In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint S/Shri Justices (i) Justice Sanjay Anandrao Deshmukh,...

'Political Decision': Plea In Bombay High Court Challenges State Govt's Move To Give 'Kunbi' Certificates To Maratha Community

A Trust working for the welfare of the Veershaivya Lingayat community and its sub-castes, have petitioned the Bombay High Court through a Public Interest Litigation, challenging the decision of the Maharashtra government to issue Kunbi caste certificates to the Maratha community for availing reservation in education and public service. The Pune based Trust - Shiva Akhil Bhartiya Veershaiva...

"Is Humanity Put To Rest?" Bombay High Court Slams Prison Authorities For Failing To Release Ramesh Gaichor Despite Temporary Bail

Asking if the State has put 'humanity' to rest, the Bombay High Court on Wednesday pulled up the Maharashtra Police and also the Prison Authorities for not releasing Ramesh Gaichor, one of the accused in the Bhima Koregaon - Elgar Parishad case, who was last month granted a temporary bail of three days to meet his ailing father in Pune.A division bench of Justices Ajay Gadkari and...

Bombay High Court Grants Bail To Accused In 2012 Pune Serial Blasts Case

The Bombay High Court on Tuesday (September 9) granted bail to one of the accused in the 2012 serial bomb blasts case in Pune on the ground of delayed trial.Five low intensity explosions took place in Pune City on the evening of August 1, 2012, in which one person was injured. Apart from five bomb blasts, one live bomb was found in the carrier basket of Hero Street Ranger black colour...

Bombay High Court Asks Mumbai Police Not To File Chargesheet Against Kannada Actor Dhruva Sarja In Cheating Case

In a temporary respite for popular Kannada actor Dhruva Sarja alias Dhruva Kumar, the Bombay High Court on Tuesday ordered the Mumbai Police not to file chargesheet in a criminal case lodged against him by filmmaker Raghavendra Hegde for allegedly duping him of Rs 9 crore.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad passed an order directing the Mumbai...