Bombay High Court Upholds The Validity Of Goa Tax on Entry of Goods Act, 2000

The Bombay High Court has upheld the validity of the Goa Tax on Entry of Goods Act, 2000.The bench of Justice M. S. Sonak & Justice Valmiki Sa Menezes relied on the decision of the 9-judge bench of the Supreme Court in the case of Jindal Stainless Limited and another vs. State of Haryana and ors. which upheld the constitutional validity of entry taxes imposed by states on goods coming in...

Eating House License Doesn’t Automatically Include License To Serve Hookah: Bombay High Court

The Bombay High Court has held that an Eating House Licence granted to a restaurateur doesn’t deem to include a permit to serve ‘Hookah’ or ‘Herbal Hookah’ under section 394 of the Mumbai Municipal Corporation Act.Holding otherwise would lead to “absolute nuisance” especially since neither an eating house nor the civic body can control the ingredients of hookah once it is served...

Arjun Rampal Couldn't Clear Tax Dues Under SVLDR Scheme Due To Technical Glitch, Not At Fault: Bombay High Court Grants Relief

The Bombay High Court has permitted actor Arjun Rampal to belatedly avail of the Sabka Vikas Legacy Dispute Resolution Scheme 2019 to settle service tax dues for the year 2016-2017. A division bench of Justices Nitin Jamdar and Abhay Ahuja observed that Rampal couldn’t be denied benefits of the scheme due to a technical glitch for no fault of his. “…we are of the view that in the facts...

[Copyright Act] Bombay HC Restrains Radio Channels From Broadcasting Songs Without Equal Royalty To Authors, Says Position Of Law Prima Facie Changed

The Bombay High Court on Friday temporarily restrained FM radio stations - Radio Tadka and Radio City from broadcasting songs authored by the members of Indian Performing Rights Society (IPRS) without paying royalties to the authors.Justice Manish Pitale held that prima facie, the original authors (authors, composers, publishers etc.) of the literary or musical works used in films and...

Caste Validity Certificates Obtained After Admission: Bombay High Court Orders One Time Regularisation Against Reserved Seats

The Court also imposed costs on colleges for non-compliance of statute.

Arbitration-Court To Apply Reasonable Third Person Test While Considering Arbitrators’ Requirement For Disclosure, If The Case Doesn’t Fall Under The Lists Under IBA Guidelines: Bombay High Court

The Bombay High Court, while dealing with a petition seeking enforcement of a foreign arbitral award, has observed that the “pro-enforcement bias” in the New York Convention has been specifically adopted in Section 48 of the Arbitration and Conciliation Act, 1996 (A&C Act). The bench of Justice Manish Pitale was considering the guidelines issued by the International...

JEE Mains | Minimum 75% Eligibility Criteria Sound Policy Decision, No Third Session Of Mains 2023 Exam In May: NTA To Bombay High Court

The eligibility criteria of minimum 75 percent marks in Class 12 board exams for admission to NITs, IIITs, CFTIs/GFTIs is a sound, well considered policy decision, the National Testing Agency has told the Bombay High Court.“It is respectfully submitted that the requirement of securing minimum 75% marks in Class 12/ qualifying examination or being in top 20 percentile in Class 12...

Material Triggering Reassessment Must Be Furnished To The Assessee: Bombay High Court

The Bombay High Court has held that providing information to the assessee without furnishing the material based upon which the information is provided would render an assessee handicapped in submitting an effective reply to the show cause notice.The bench of Justice Dhiraj Singh Thakur and Justice Valmiki Sa Menezes has observed that the reassessment proceedings initiated are unsustainable on...

Compassionate Appointment, Ex-Gratia Payment To Deceased's Wife Does Not Disentitle Her From Compensation Under Motor Vehicles Act: Bombay High Court

Compassionate appointment and ex-gratia (voluntary) payment to wife of deceased in a motor accident does not disentitle her from compensation under the Motor Vehicles Act, the Bombay High Court has held.Justice Shivkumar Dige dismissed Reliance General Insurance’s appeal against compensation awarded by the Motor Accident Claim Tribunal to the family of an Assistant Technician in a...

Spouse's Consent Not Necessary For Organ Donation Especially When Withheld For Extraneous Reasons: Bombay High Court

Spouse’s consent is not a mandatory requirement for organ donation under the Transplantation of Human Organs and Tissues Act, 1994 especially if the consent it being withheld unreasonably or for extraneous reasons, the Bombay High Court held. A division bench comprising Justices Gautam Patel and Neela Gokhale allowed a 55-year-old Pune resident to donate one of his kidneys...

Malls Can Temporarily Utilize Their Open Spaces For Visitors' Leisure: Bombay High Court Directs BMC To Allow Mall To Hold 3-Day Ice Cream Fest

Observing that visitors of a mall get enjoyment not only from shopping but also from areas like the food area, play area, amusement/cinema etc., the Bombay High Court directed the BMC to permit to Ghatkopar’s R City Mall to hold a 3-day ice cream fest in its open space.A division bench of Justice GS Kulkarni and Justice RN Laddha held that organising a limited festival in the Mall’s...

Breaking | Fact Checking Unit Will Not Be Notified Till July 5: Centre To Bombay High Court In Kunal Kamra's Challenge To IT Rules Amendment

Fact Checking Unit under the amended IT Rules will not be notified till July 5, the Central Government told the Bombay High Court today.“I have instructions to make a statement that the FCU will not be notified till July 5”, Additional Solicitor General Anil Singh said.The court was hearing comedian Kunal Kamra’s petition challenging Rule 3(i)(II)(C) of the Information...