Bombay High Court
Set Up New Bio-Medical Waste Plant In Two Years Or Face Action: Bombay High Court Warns BMC
The Bombay High Court has directed that work on a new facility to dispose of bio-medical waste should be commissioned within two years otherwise and all those involved will be held accountable for failure on their part. According to the petition filed by Govandi New Sangam Welfare Society, the incinerator facility owned by SMS Enviroclean Pvt. Ltd is a cause of major pollution in...
Won't Permit Idol Immersion In Aarey Lakes: Aarey Colony CEO Tells Bombay High Court Ahead Of Ganpati Visarjan
In a relief for several environmentalists, the Bombay High Court on Tuesday recorded a statement by the CEO of Aarey colony that no permission was being accorded to the BMC for idol immersion in the lakes of Aarey.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor observed, “We also direct that for safer immersion of the idols adequate arrangements shall be...
Bombay High Court Criticises Trial Judge For Awarding Lesser Than Minimum Sentence To POCSO Convict
The Bombay High Court recently criticised a Special Judge under the Protection of Children from Sexual Offences Act (POCSO Act) for awarding 3-year imprisonment to a man convicted for attempting to rape a child, observing that the Act calls for a greater punishment.Justice Bharati Dangre observed that the prosecution neither brought this to the notice of the trial court, nor is there...
Bombay High Court Appoints Children Of Former Attorney General As Guardians Of Senior Citizen Sibling Having Mental Illness
The Bombay High Court has allowed a plea by the children of a former Attorney General and declared them as guardians of one of their siblings under Section 7 of the Guardian and Wards Act, 1890. The section was originally meant for guardianship of minors. Justice Riyaz Chagla widened the scope of Section 7 of the Act to allow guardianship of an adult suffering from a mental handicap noting...
Denying Access To Own House Amounts To Denial Of Basic Amenities: Bombay High Court Revokes Gift Deeds After Son Fails To Maintain Mother
Observing that the denial of access to one's own house amounts to denial of basic amenities, the Bombay High Court upheld the Senior Citizens Maintenance Tribunal’s order revoking two gift deeds executed by an elderly woman in favour of her son and directed the son and daughter-in-law to vacate the subject property.Justice Sandeep V Marne held so upon finding that the son had failed to...
No Fundamental Right To Privately Create Immersion Pond In Public Park For Ganesh Visarjan: Bombay High Court
Ahead of Ganesh Chaturthi festivities, the Bombay High Court has dismissed the plea filed by a former Nationalist Congress Party (NCP) corporator seeking to organise Ganpati immersion in a private artificial pond at a municipal garden at Ghatkopar.A division bench of Justices GS Patel and Kamal Khata observed,“No person, let alone a Mandal, has any fundamental — or any other — right...
Bombay High Court Weekly Round-Up: September 4 To September 10, 2023
Nominal Index [Citation 409 - 426]Oberoi Mega Entertainment LLP and Anr. v. Sanjay Saha and Ors. 2023 LiveLaw (Bom) 409Ashok Commercial Enterprises v. Assistant Commissioner of Income Taxation 2023 LiveLaw (Bom) 410Deepak Jagdev v. Eknath Shinde and Anr. 2023 LiveLaw (Bom) 411Sachin D. Basare v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 412Ajay Uddhav Narhe & Anr. v. Uttam...
44 Years After Railway Accident, Bombay High Court Upholds ₹51K Compensation To Mother Of Deceased
The Bombay High Court recently upheld an award of compensation of Rs. 51,000 to the mother of a 24-year-old man who died in a railway accident 44 years ago involving the collision of a truck and a train engine.Justice PK Chavan observed that the accident was caused due to the negligence of railway staff.“It is clearly an act of negligence on the part of the employees of the appellants as...
Bombay High Court Imposes ₹3 Lakh Cost On Scrutiny Committee For Delay In Issuing Student’s Caste Validity Certificate
The Bombay High Court recently imposed cost of Rs. 3 Lakhs on the Chairperson and members of District Caste Certificate Scrutiny Committee, Mumbai Suburban for "extreme stress and inconvenience" caused to a student due to delay in issuance of her caste validity certificate.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla held that the delay, solely attributable to...
Bombay High Court Quashes Reassessment Notice Issued After 3 Years Without Proper Approval
The Bombay High Court has quashed the reassessment notice issued after 3 years without proper approval.The bench of Justice K.R. Shriram and Justice N. K. Gokhale has observed that the approval of the specified authority in terms of Section 151(ii) of the Income Tax Act is a jurisdictional requirement, and in the absence of complying with this requirement, the reopening of assessment...
Bombay High Court Directs Dept. To Refund TDS Amount Deposited By Assessee Under Protest
The Bombay High Court, while invoking the doctrine of unjust enrichment, directed the department to refund the TDS amount deposited by the assessee under protest.The bench of Justice K. R. Shriram and Justice N. K. Gokhale has observed that technically, even though the amount deposited by the petitioner would be called ‘tax deductible at source’, what the petitioner paid was ‘an ad...
Time To Bury Pernicious Practice Of Submitting Information In 'Sealed Cover': Bombay High Court
Taking a firm stance against practice of parties submitting information in sealed cover to the court, the Bombay High Court recently refused to accept Income Tax returns and financial statements of a developer in a sealed cover and directed it to file an affidavit for the same.A division bench of Justice GS Patel and Justice Kamal Khata observed that no court shout permit a litigant...