Bombay High Court
Assessee Entitled To Claim Depreciation In Respect Of Assets On The Actual Cost Of Assets: Bombay High Court
The Bombay High Court has held that the assessee is entitled to claim depreciation in respect of any assets based on the actual cost of the assets.The bench of Justice K.R. Shriram and Justice M.M. Sathaye observed that the actual cost of the assets will be the actual cost that the assessee paid to the predecessor after revaluing the assets, and certainly, the assessee will be entitled to...
'Example Of Degrading Legal Profession' : Bombay High Court Castigates Lawyers For Misleading Court ; Refrains From Action After Apology
The Bombay High Court recently castigated two lawyers for misleading the court to secure bail for their client in an attempt to murder case. The court observed that increasingly lawyers were providing result-driven services putting their own careers at stake. Justice SG Mehare at the Aurangabad bench observed,“This is an example of degrading the legal profession. One can understand from...
Bombay High Court Grants Interim Relief In Habeas Corpus Plea Filed By Daughter To Meet Her 93-Yrs Old Mother
The Bombay High Court has granted interim relief and allowed a 93-year-old woman’s daughter to visit her in a case of alleged wrongful detention by her other daughter. The two daughters are involved in a dispute.A division bench of Justice Revati Mohite-Dere and Justice Gauri Godse while dealing with a habeas corpus petition filed by one Sudha Chowgule expressed pain in the...
S.220 IBC | Prima Facie Disciplinary Committee Can Consist Only Of Whole Time Members: Bombay High Court Stays Insolvency Professional's Suspension
The Bombay High Court has stayed the suspension of registration of Insolvency Professional (IP) Kairav Anil Trivedi, who is accused of misrepresentation and entering into unauthorised agreement in a Corporate Insolvency Resolution Process (CIRP).A division bench of Justice BP Colabawalla and Justice MM Sathaye observed that prima facie, the order against Trivedi was passed by the Chairperson...
GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Bombay High Court
The Bombay High Court has held that the GST provisional attachment order is not valid after one year.The bench of Justice G.S. Kulkarni and Justice Jitendra Jain has observed that the communication dated April 21, 2022, provisionally attaching the Petitioner’s bank account is rendered illegal and invalid by virtue of the provisions of Section 83(2) of the CGST Act. The extension of...
Bombay High Court Sets Aside Tribunal Order Asking State To ‘Correct’ ACP’s DoB Two Months Before His Retirement
Observing that time limit for a government servant to change his date of birth in service records is meant to avoid uncertainty in administration, the Bombay High Court held that such requests for such change cannot be entertained at the end of someone's career.A division bench of Justice Dhiraj Singh Thakur and Justice Sandeep V Marne observed that cases for change in date of birth filed...
Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
Owing to several procedural lapses by the Juvenile Justice Board (JJB), Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl.Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a copy of the application, their...
PVR v. Proteus LLP | Payee's Bank Account Being In A Particular City Does Not Mean Bill Is Payable In That City: Bombay High Court
Merely receiver’s bank account mentioned in a bill being in a particular city does not amount to the bill being payable in that city, the Bombay High Court recently held.Justice Arif S Doctor decreed PVR’s commercial summary suit against one Proteus LLP and directed Proteus to pay its dues for screening ads at PVR’s multiplexes in Pune and Mumbai, while dismissing Proteus’ challenge...
CBDT Circular Allowing Benefit Only To Cases Where Appeals Are ‘Dismissed In Limine’ Is Arbitrary: Bombay High Court
The Bombay High Court has quashed FAQ 61 of the circular 21/2020 dated December 4, 2020, issued by the CBDT to the extent that it restricts appeals to those dismissed in limine’ on the ground that it was not only adverse to the interest of the assessee but also contrary to the object and reasons of the Direct Tax Vivad Se Viswas Act, 2020 (DTVSV-A).The bench of Justice Dhiraj Singh Thakur...
Absence Of A Specific Clause Under GAFTA Arbitration Rules Doesn’t Bar Arbitrator From Deciding The Challenge Made To Its Jurisdiction: Bombay High Court
The Bombay High Court has reiterated that a general reference to a standard form of contract would be enough for incorporation of an arbitration clause. The court was dealing with a petition seeking execution of a foreign arbitral award passed in the arbitral proceedings conducted under the ‘Grain and Feed Trade Association (GAFTA) Simple Disputes Arbitration Rules No.126.’The bench...
Buyer Not Paying On Time Frustrated Contract: Bombay High Court Quashes Specific Performance Decree Of A 2005 Sale Agreement Of Santacruz Flat
The Bombay High Court set aside trial court’s decree for specific performance of a 2005 contract for sale of a flat in Santacruz, Mumbai observing that such a decree will dislocate several members of the seller's family residing in the flat. Justice Anuja Prabhudessai, while allowing the owner’s appeal against the decree of specific performance, observed there has been a steep increase in...
Bombay High Court Grants Relief To Librarian, Says 50% Of Her Part-Time Employment Must Be Included To Calculate Eligibility For Pension
The Bombay High Court’s Nagpur bench has allowed pension and retirement benefits to a librarian on the ground that the service she rendered as a part-time employee before her position was confirmed cannot be ignored.Fifty percent of her tenure as a part-time employee should be included while assessing her eligibility for pension under the Maharashtra Civil Services (Pension) Rules, 1982,...