Bombay High Court
Bombay High Court Monthly Digest: August 2023
Nominal Index [Citation 351 – 399]Latif Yusuf Manikkoth v. Board of Directors of the Bank of Baroda and Ors. 2023 LiveLaw (Bom) 351Hanuman S/o Dattarao Karkar and Ors. v. State of Maharashtra 2023 LiveLaw (Bom) 352Chief Executive Officer, Zilla Parishad, Ahmednagar and Anr. v. Suraiyya Rafik Khalifa and Ors. 2023 LiveLaw (Bom) 353The Goa Foundation v. State of Goa and Ors. 2023 LiveLaw...
Bombay High Court Refuses 50% Entitlement Of Beneficial Ownership In Husband's Shareholding By Portuguese Civil Code For 'Deemed Dividend' Taxability
The Bombay High Court has refused 50% entitlement to beneficial ownership in a husband's shareholding under the Portuguese Civil Code for 'deemed dividend' taxability.The bench of Justice Valmiki SA Menezes has observed that Section 2(6A)(e) in the Income Tax Act, 1922, which is similar to the provisions of Section 2(22) of the Income Tax Act, 1961, creates a deeming fiction, by which...
AO Not Justified In Disallowing Part Of The Commission Payment To Indian Hume Pipe: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) was not justified in disallowing part of the commission payment to Indian Hume Pipe.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the mere fact that the assessee, Indian Hume Pipe, establishes the existence of an agreement between him and his agent and the fact of actual payment leaves it to...
Protection Of SC/ST Act Not Limited To States Where Victims Are Recognized As SCs/STs, It Applies Wherever Offence Is Committed : Bombay High Court
The Bombay High Court has ruled that the protection to members of Scheduled Castes or Scheduled Tribes (SC/ST) under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (Atrocities Act) can't be limited to states where they are officially recognized as such.A Full Bench of Justice Revati Mohite Dere, Justice Bharati Dangre, and Justice NJ Jamadar held that even if a...
Bombay High Court Imposes 25K Cost On Kolhapur Municipal Corporation For Making 73 Yrs Old Retired Nurse Litigate For 15 Years For Pension
The Bombay High Court recently imposed cost of Rs. 25,000/- on the Kolhapur Municipal Corporation for making a 73-year-old retired staff nurse to litigate for 15 years for her pension and pensionary benefits.Justice Sandeep V Marne dismissed a writ petition filed by the Commissioner of Kolhapur Municipal Corporation challenging Industrial Court’s order to deposit the pension amount due...
'R. Logo': Bombay High Court Denies Interim Relief To Republic TV In Trademark Infringement Suit Against Rayudu Media
The Bombay High Court has refused interim relief to ARG Outlier Media Private Limited – owner of Republic TV - in a trademark infringement suit against Telangana based Rayudu media over its logo. Justice Manish Pitale dismissed the interim application filed by ARG against using the logo. In the suit filed in March, ARG sought a perpetual injunction against Rayudu Vision Media Ltd from using...
Bombay High Court Appoints Committee To Probe Alleged Illegal Allotments Under Basic Service For Urban Poor Scheme In Kalyan, Dombivali
The Bombay High Court has set up a committee headed by a retired judge for a “thorough” inquiry into alleged illegal allotment of tenements under the Basic Services for Urban Poor scheme being implemented by the Kalyan-Dombivali Municipal Corporation, located just outside Mumbai. Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor observed: “The scheme has a laudable object of...
Adani Properties Justifies In Bombay High Court Additional Concessions Granted By Maharashtra Govt In Tender For Dharavi Redevelopment
Additional concessions were provided in the new tender issued in 2022 for Mumbai’s Dharavi slum redevelopment project as the new tender provided for affordable housing to around 7 lakhs tenements ineligible for redevelopment, and the cost for the same is to be borne by the successful bidder, Adani Properties Pvt. Ltd has submitted before the Bombay High Court.“The new tender issued...
Bombay High Court Permanently Injuncts Investor Mahesh Murthy In Defamation Suit Filed By Zillingo Co-Founder Ankiti Bose
The Bombay High Court has granted a permanent injunction against venture capitalist Mahesh Murthy over an article he authored for Outlook Business Magazine against Singapore-based startup Zilingo Pte’s former CEO Ankiti Bose. Bose who was sacked from Zilingo over alleged financial irregularities last year, was granted relief in the defamation suit she filed against Murthy and Outlook. She...
Mere Use Of Deceased Brother's SIM Card Not An Offence: Bombay High Court Quashes Cheating Case
Observing that mere use of deceased brother's SIM card does not constitute an offence, the Bombay High Court quashed a cheating case against a doctor filed by her sister-in-law for alleged use of her deceased husband’s SIM card and sale of his movable assets without consent.A division bench of Justice Nitin W Sambre and Justice RN Laddha in a writ petition filed by the accused seeking...
GMAT Exam Scam: Bombay High Court Denies Anticipatory Bail To Accused
The Bombay High Court recently denied anticipatory bail to one Kumar Kunal, accused of remotely accessing the laptop of GMAT exam candidates through Any Desk app, solving the papers, and manipulating results.Justice Amit Borkar observed that the custodial interrogation of Kunal is necessary in light of WhatsApp chats between him and one Shantanu, a victim of the scam.“prima facie, it...
Transit Buildings Inherently Temporary Structures, Cannot Be Repaired Or Made Permanent: Bombay High Court
The Bombay High Court recently held that transit buildings cannot be repaired or made permanent since they are inherently temporary and designed for short-term use.The division bench of Justice G.S Patel and Justice Kamal Khata added that these buildings were not subject to structural audit regulations.“Transit buildings are by the very nature of their construction and by structural...