Five Years Passed Since Disha Salian's Death, Why Investigation Still Not Over? Bombay High Court Questions Mumbai Police

The Bombay High Court on Thursday questioned the Maharashtra Government over its slow paced investigation in the death of Disha Salian, the manager of late Bollywood actor Sushant Singh Rajput.A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale sought to know why the Mumbai Police could not complete its investigation in the case even 5 years after Salian's death. "Five years...

Importer Not Liable To Pay Customs Duty On Goods Not Received By Him: Bombay High Court Grants Refund

The Bombay High Court has held that an importer cannot be made liable to pay customs duty on goods that were never cleared for home consumption and were never received by the importer. The Court observed that, under Sections 13, 23 and 27 of the Customs Act, 1962, duty paid in anticipation of clearance becomes refundable once it is established that the goods were short-landed or lost...

Employees Provident Fund Act | EPFO Cannot Issue Prohibitory Order U/S 8-F Without Prior Notice To Debtor: Bombay High Court

The Bombay High Court held that the Employees Provident Fund Organisation cannot issue a prohibitory order under Section 8-F of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, without first issuing a notice to the debtor of the employer and giving an opportunity to file a statement on oath, as mandated under Section 8-F(3)(i) and (vi). The Court observed that the...

Drug Names Based On International Non-Proprietary Names Cannot Be Monopolised: Bombay High Court Reaffirms

The Bombay High Court has refused to grant an interim injunction to Aristo Pharmaceutical Pvt. Ltd. in its trademark infringement and passing-off suit against Healing Pharma India Pvt. Ltd., ruling that pharmaceutical companies cannot claim exclusivity over trademarks derived from International Non-Proprietary Names (INNs). Justice Sharmila U Deshmukh held that Aristo's registered...

Shilpa Shetty Moves Bombay High Court For Protection Of Her Personality Rights

Bollywood actor Shilpa Shetty has moved the Bombay High Court seeking protection of her personality rights from being illegally commercialised by several known and unknown platforms which are using Artificial Intelligence (AI) version of her voice, deepfake images etc and earning profits.Shetty has highlighted that she is one of the most celebrated and internationally recognised personalities...

Pre-CIRP Tax Claims Extinguished After Plan Approval, Bombay High Court Quashes Tax Notices To V Hotels

The Bombay High Court has recently reaffirmed that income-tax assessment proceedings for any period prior to the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) stand extinguished once the National Company Law Tribunal (NCLT) approves the plan, ruling that the tax department cannot initiate or continue such proceedings thereafter.A Division Bench of Justice B...

Bombay High Court Upholds Arbitral Award In Favour Of TCS; Rejects UP Assembly's 'Frustration' Claim Over Cancelled Recruitment Exam

The Bombay High Court dismissed a petition filed by the Uttar Pradesh Legislative Assembly Secretariat under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) thereby upholding an arbitral award passed in favor of Tata Consultancy Services Ltd. (TCS) concerning the conduct of an online recruitment examinations for Review Officers and Assistant Review...

Man Acquitted In 26/11 Mumbai Terror Attacks Free To Do Any Job Not Requiring Police Verification: State Govt To Bombay High Court

The Maharashtra government on Tuesday informed the Bombay High Court that Fahim Arshad Mohammad Yusuf Ansari, who was acquitted in the 26/11 Mumbai terror attack case, is free to take up any employment that does not mandate a police clearance certificate.Ansari moved the HC seeking a 'Police Clearance Certificate' so that he can engage in some employment to earn his livelihood.The oral...

PIL On Lack Of Medical Care In Tribal Areas: Bombay High Court Asks State Officials To Visit Melghat And Assess Residents' Grievances

The Bombay High Court on Tuesday (November 25) asked officials of the tribal development, women and child development and the public health departments to visit Melghat area to assess various medical care and health issues faced by persons living therein and a sought a report on the same. A division bench of Justice Revati Mohite Dere and Justice Sandesh Dadasaheb Patil was hearing a 2007...

IT Act | Reassessment Cannot Be Used To Review Assessment When All Documents Were Earlier Disclosed: Bombay High Court

The Bombay High Court has held that reassessment proceedings under Sections 148 & 148A of the Income Tax Act, 1961 cannot be initiated to re-open issues that were already scrutinized and accepted during the original assessment, observing that a mere change of mind on the part of the Assessing Officer does not constitute reason to believe nor permit reassessment. A Division Bench...

Senior Citizens Playing Cards In Their House Booked Under Gambling Act, Bombay High Court Suggests Them To Settle With Complainants

The Bombay High Court on Monday (November 24) stayed proceedings in an FIR lodged against five senior citizens booked for allegedly playing cards in their house under the Bombay Prevention of Gambling Act.The court was hearing a writ petition seeking quashing of the FIR lodged under Sections 4 (which punishes keeping of a common gaming house) and 12(A) of the Act. Section 12A states that a...

'Investigating Agency Has No Power To Debit Freeze Bank Account U/S 106 BNSS': Bombay High Court

The Bombay High Court has held that an investigating agency has no authority to debit freeze or attach a bank account under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court observed that Section 106 merely empowers the police to seize property for the purpose of investigation, whereas attachment of proceeds of crime can be effected only under Section 107 upon an...