Sameer Wankhede Cites Alleged Chats With Shahrukh Khan To Counter CBI's Extortion Allegations In Cruise Ship Case, Says Khan Praised His Integrity

Former NCB officer Sameer Wankhede has cited before the Bombay High Court his alleged chats with actor Shah Rukh Khan after Aryan Khan’s arrest in the Cordelia Cruise Ship Case, to counter the allegation of extortion against him in CBI's FIR.“Mr. Shahrukh Khan has, vide his messages, clearly portrayed that he has no grievances against the Petitioner (Wankhede) and has only requested to...

Recognition Of Person As 'Tribal' After Transfer Of Land To Non-Tribal Won't Entitle Him To Seek Restoration: Bombay High Court Full Bench

The Bombay High Court recently held that recognition of a person as Tribal after the date he transfers his land to a non-tribal would not entitle the transferrer to restoration of the land under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.A full bench comprising of Justice Sunil B Shukre, Justice AS Chandurkar, and Justice Anil L Pansare sitting at Nagpur...

Private School Employee Terminated For Proven Misconduct Not Eligible For Compassionate Pension: Bombay High Court

The Nagpur bench of Bombay High Court recently held that a private school employee terminated on proven misconduct is a dismissed employee and is not eligible to compassionate pension.A division bench of Justice Rohit B Deo and Justice Vrushali V Joshi dismissed a writ petition filed by a terminated private school employee, who sought compassionate pension claiming she was “removed” and...

Prima Facie Legal Bar Under PCA: Bombay High Court Protects Former NCB Officer Sameer Wankhede From Coercive Steps In Extortion Case Till Monday

The Bombay High Court today directed CBI not to take any coercive action against former Narcotics Control Bureau officer Sameer Wankhede in Rs 25 Crore extortion case regarding the arrest of Aryan Khan in the 2021 Cruise Ship Drugs Case. A vacation bench of Justice Sharmila Deshmukh and Justice Arif Doctor said that prima facie, there is a bar under section 17A of the Prevention of...

[S.59 NDPS Act] Special Court Can Order FIR Against Investigating Officer For Failure To File Chargesheet Within 180 Days: Bombay High Court

The Bombay High Court recently upheld an order directing criminal prosecution of the investigating officer (IO) under Section 59 of the NDPS Act for his prima facie failure to file the chargesheet within the stipulated period.Under Section 59 an officer who fails to perform his duty prescribed under the act or who connives with an accused can be punished with imprisonment for a term extendable...

Bombay High Court Quashes Reassessment Triggered On A Change Of Opinion As To The Calculation Of Tax Payable By The Assessee

The Bombay High Court has quashed the reassessment proceedings triggered by a change of opinion as to the calculation of tax payable by the assessee.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has found no substance in the AO’s reason to believe that income chargeable to tax has escaped assessment in so far as there is no mention of any tangible material that led to...

Infertile Couples Excluded From Opting For Surrogacy: Plea In Bombay High Court Challenges Notification Barring Use Of Donor Gametes

A writ petition before Bombay High Court challenges an amendment to the surrogate mother’s consent form under the Surrogacy (Regulation) Rules, 2022, which prevents couples from availing surrogacy using donor gametes.According to the petition, men and women who face complications related to fertility can never apply for surrogacy as donor gamete is barred by the amendment. Neither the...

Defamation | Defence Of Truth Must Extend To Entire Libel And Not Just A Part Of It: Bombay High Court

The Bombay High Court recently refused to quash a lawyer’s defamation complaint against Bombay Presidency Radio Club President Harish Kumar Garg for his remarks about a dispute regarding the election to the club's management committee held in 2018.Justice Amit Borkar refused to quash the complaint against Garg’s comments given to Mumbai Mirror, published on September 29, 2018, observing...

Bombay High Court Quashes C-Summary Report Filed In Alleged Bigamy Offence, Slams IO For Recording Victim's Second ‘Main’ Statement

The Bombay High Court recently quashed a C-Summary Report filed by the Investigating Officer before a Judicial Magistrate in a case wherein the allegations of the offence of Bigamy (Section 494 IPC) were involved.The bench of Justice PD Naik and Justice AS Gadkari also slammed the Investigating Officer for the recording of the second ‘main’ statement of the victim by terming the same to...

Onus Lies On AO To Provide Reasons To Disbelieve The Bank Statements And Supporting Documents For Reopening Assessment: Bombay High Court

The Bombay High Court has held that the onus lies on the AO to provide reasons to disbelieve the bank statements and supporting documents for reopening the assessment.The bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that the AO has acted in excess of the limit of his jurisdiction to reopen the assessment in the exercise of powers under Section 147 read with...

Department Adjusting The Refund Amount Under Amnesty Scheme Without Notice Violates Principles of Natural Justice: Bombay High Court

The Bombay High Court has held that the action of the department in making the adjustment of a refund due to the petitioner while considering the application under the Amnesty Scheme without notice to the petitioner is in utter disregard of the well-established principles of natural justice and has caused grave prejudice to the petitioner.The bench of Justice Nitin Jamdar and Justice Abhay...

Bombay High Court Orders Criminal Prosecution Of Trio For Producing Fake HC Order Before Small Causes Court

The Bombay High Court ordered criminal action against three individuals for producing fake High Court orders before the Small Causes Court in order to gain advantage in a dispute related to a property in Bandra.Justice Madhav Jamdar ordered action against Satish Sakla, Manisha More and Sagar Patil, who were plaintiffs before the Small Causes Court and submitted the forged documents along with...