Bombay High Court
Intermediaries Bound To Take Action On Content Flagged By Fact-Check Unit, May Not Take Down But Put 'Disclaimer': Centre To Bombay HC
The Solicitor General representing the Ministry of Electronics and IT on Tuesday clarified that an intermediary must either pull down information flagged by the government’s Fact Check Unit or put a disclaimer. The intermediary was not at liberty to do “nothing” about content flagged as fake, false or misleading by the government, SG Tushar Mehta added, addressing a query raised by...
Unstamped Agreement, Quantum Not Disputed, Court Can Collect While Deciding Section 11 Petition: Bombay High Court
The High Court of Bombay has held that the Court exercising power under Section 11 of the A&C Act can itself determine and collect the unpaid or deficit stamp duty payable upon the unstamped or insufficiently stamped agreement. The bench of Justice Manish Pitale relied upon the recent judgment of the Delhi High Court in Spendor Landbase v. Aparna Ashram Society[1] to hold that...
Bombay High Court Allows Akasa Air To Proceed In Mumbai Against Pilots Who Left Without Serving Notice Period
The Bombay High Court on Wednesday allowed a leave petition filed by Akasa Air, a low-cost airline, seeking permission to proceed against five pilots who resigned from the company without serving their notice period.Justice SM Modak observed that part of the cause of action arose within the jurisdiction of Bombay High Court as the resignations were accepted by the company in...
Spouse Suffering From Epilepsy Not Ground For Divorce Under Hindu Marriage Act, It's Not A Mental Disorder: Bombay High Court
Spouse suffering from epilepsy cannot be ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, the Bombay High Court observed and upheld a family court order refusing divorce to a man. A division bench at Nagpur comprising Justices Vinay Joshi and Valmiki Menezes observed,"…the condition of “epilepsy” is neither an incurable disease nor can it be considered a...
Assessee Entitled To The Benefit Of VsV Act During The Pendency Of Prosecution Not Involving 'Tax Arrears': Bombay High Court
The Bombay High Court has directed the department to decide the application filed by the assessee in conformity with the Direct Tax Vivad Se Vishwas Act 2020.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that the assessee had paid self-assessment tax but has not paid the demand made due to reassessment or reopening of the assessment and has challenged the order...
Rahul Gandhi Defamation Case: Bombay High Court Seeks Advocate General Birendra Saraf’s Assistance On Legal Issues Involved
The Bombay High Court on Tuesday sought the Advocate General’s assistance in the petition moved by Congress leader Rahul Gandhi to quash the defamation case filed by a BJP leader against him for his "commander in thief" social media post and video from 2018.Justice Sarang Kotwal noted that Gandhi had raised significant questions of law in his plea, including a legal bar under Section 199 of...
IT Rules Amendment | Bombay High Court Asks Why Fact Checking Unit Is Required If It Cannot Compel Removal Of Fake News
The Bombay High Court on Tuesday wondered why the amendment to Information Technology Rules, 2021 providing for a government Fact Check Unit (FCU) is required when the FCU cannot compel social media platforms to take down content flagged as false, fake, or misleading.Justice GS Patel asked Solicitor General Tushar Mehta, who began arguments for the central government today, to reconsider...
MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court
The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act (MV Act) even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending.“the applications for stay of the impugned judgment and award passed under the MV Act in a proposed First Appeal can be considered...
Bombay High Court Weekly Round-up: September 18 To September 24, 2023
Nominal Index [Citation 443 - 452]Undercarriage and Tractor Parts Pvt. Ltd. v. DRP 2023 LiveLaw (Bom) 443G. Chandrashekharan Shivam And Ors. v. Rajkumar Agarwal & Ors. 2023 LiveLaw (Bom) 444Shivraj Gorakh Satpute v. State of Maharashtra 2023 LiveLaw (Bom) 445Ashraf Chitalwala v. DCIT 2023 LiveLaw (Bom) 446Poonam Basak v. Union of India & Ors. 2023 LiveLaw (Bom) 447Navigns Studios...
Bombay High Court Orders Passport Authorities To Reconsider Former Journalist Jigna Vora’s Plea For Passport
The Bombay High Court on Monday frowned at CBI’s unreasonable approach while opposing former journalist Jigna Vora’s plea for a fresh passport. The court allowed Vora’s petition and directed passport authorities to consider her application afresh.A division bench of Justices Revati Mohite Dere and Gauri Godse took exception to the CBI’s constant objection in granting her relief despite...
Bombay High Court Paves Way For Allotment Of Houses To Society Of High Court Employees
The Bombay High Court recently cleared the way for construction of housing units for a society of 398 state government employees working in the High Court.A division bench of Justice GS Patel and Justice Kamal Khata directed MHADA to allot a 2,769.75 square meter plot of land to members of the society without inviting applications from other High Court employees or reserving 50 percent of...
Capital Gain Tax, No Retrospective Applicability Of Amendment Restricting Investment In India: Bombay High Court
The Bombay High Court has held that the amendment restricting investment in house property in India has retrospective applicability.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that the language of Section 54(F) of the Act before its amendment was that the assessee should invest capital gain in a residential house. It did not mention any boundaries. It is only...