Bombay High Court
AO Can Make Reference To TPO Only After Selecting Case For Scrutiny Assessment: Bombay High Court
The Bombay High Court has held that the Assessing Officer (AO) can make reference to the Transfer Pricing Officer (TPO) under Section 92CA of the Income Tax Act only after selecting the case for scrutiny assessment.The bench of Justice K.R. Shriram and Justice M.M. Sathaye has observed that when the reference was made to the TPO by the Assessing Officer for determination of arm’s length...
ACP To Investigate 'Brutal' Assault On Two Advocates Inside Police Station: Police To Bombay High Court
After a nudge from the Bombay High Court, the Mumbai Police has transferred the complaint filed by two advocates alleging assault inside the police station from Antop Hill to Matunga Police Division.A division bench comprising Justices Revati Mohite Dere and Gauri Godse accepted the DCP Statement that the Assistant Commissioner of Police from the Matunga division would investigate the...
Advocates Shouldn't Decline Judgeship For Economic Reasons, Must Consider Duty to The Nation: Justice Dipankar Datta
Advocates who decline elevation to the bench because it does not pay as well must consider their duty to the nation, Supreme Court judge Justice Dipankar Datta said on Saturday.“I wish to touch upon the disinclination of advocates of some standing not respecting the call of the Chief Justice to switch sides. Some may have genuine difficulties...But those who decline on economic...
Bombay High Court Asks CBI To Produce Case Diary In Sameer Wankhede Extortion Case, Extends Interim Protection Till June 28
The Bombay High Court on Friday asked the Central Bureau of Investigation (CBI) to produce the case diary before it took a decision whether to continue or vacate an interim order protecting former NCB officer Sameer Wankhede from arrest in Rs 25 Crore extortion case regarding the arrest of Aryan Khan in the 2021 Cruise Ship Drugs Case.The bench comprising Justices AS Gadkari and SG Dige...
Entire Managing Committee Of Registered Society Responsible For Granting Loan To A Fraud, Not Just Signing Authority: Bombay High Court
The Bombay High Court recently held that when a loan was sanctioned by the management committee of a cooperative society, a committee member who merely signed the disbursement cheque cannot be held liable for financial loss caused by a fraudulent loan applicant.Justice Milind Jadhav observed that the entire management committee is responsible in such a case and dismissed a writ petition filed...
Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court
The Bombay High Court recently held that once a secured creditor issues demand notice under section 13(2) of the SARFAESI Act, 2002, the civil court’s jurisdiction is barred, and any challenge to the notice comes under the domain of the Debts Recovery Tribunal (DRT).Justice MS Jawalkar rejected a borrower’s civil suit alleging that the bank violated Guidelines on Fair Practices Code...
Domestic Violence Act | Muslim Woman Can Seek Maintenance Even After Divorce: Bombay High Court
The Bombay High Court recently held that a Muslim woman can seek relief under the Protection of Women from Domestic Violence Act, 2005 (DV Act) even after divorce.Justice GA Sanap of the Nagpur bench dismissed a man’s revision application against sessions court order enhancing maintenance to his wife in a domestic violence case.“...even if it is assumed for the sake of argument that...
Bombay High Court Allows BOCW Cess Refund On Supply Portion Of Contract
The Bombay High Court has allowed the Building and Other Construction Workers Welfare (BOCW) Cess refund on the supply portion of the contract.The bench of Justice G.S. Patel and Justice Neela Gokhale has observed that a contractor who enters into a pure Supply Contract is statutorily exempt from levy under the BOCW Act.The Respondent, the Maharashtra State Electricity Transmission...
Bombay High Court Criticizes Govt Over Delay In Providing Functional Smartphones With Poshan Tracker App To Anganwadi Workers
The Bombay High Court on Wednesday pulled up the Central and State governments for delay in procurement of working mobile phones compatible with the POSHAN Tracker app for Anganwadi workers in the State.A division bench of Justice GS Patel and Neela Gokhale said – “The process must be corrected, and that correction begins by procuring, taking delivery, and distributing working mobile...
'First Priority Is Clean Drinking Water For All Inmates': Bombay High Court On Reports Of Water Shortage In Taloja Prison
The Bombay High Court on Thursday directed the local planning authority and state prison officials to ensure separate clean drinking water for Taloja Central prison inmates at the earliest. The division bench of Justices Revati Mohite Dere and Gauri Godse was informed that there was severe water shortage with inmates receiving just 1-1.5 buckets of unclean water a day for drinking,...
Change In Social Policy After Change In Govt Part Of Democratic Process, Not Per Se Arbitrary: Bombay High Court
Change in social policy after change in government is part of a democratic process and cannot be charged as arbitrary or mala fide, the Bombay High Court recently observed.A division bench of Justice GS Patel and Justice Neela Gokhale upheld Eknath Shinde government’s order cancelling appointment of two members and the chairman of the Maharashtra State Commission for Scheduled Castes...