[Land Acquisition Act] Reference Application Can Be Filed U/S 28A If Earlier Application U/S 18 Was Not Decided On Merits: Bombay High Court

The Bombay High Court has held that an application under Section 28-A of the Land Acquisition Act is maintainable even if the claimant had previously filed a reference under Section 18, provided that the said reference was not decided on merits. The Court ruled that a dismissal of a reference on technical grounds, without adjudication, does not bar the landowner from seeking...

Income Tax | S.194C & S.194LA Would Not Apply When TDR Certificates Are Issued In Lieu Of Compensation: Bombay High Court

The Bombay High Court held that Section 194C and Section 194LA of the Income Tax Act would not apply when TDR Certificates are issued in lieu of compensation. Justices B.P. Colabawalla and Firdosh P. Pooniwalla agreed with the assessee that the words “or by any other mode” appearing in Section 194C would have to be read ejusdem generis to the words “payment thereof in cash or...

Bhima Koregaon - Elgar Parishad Case Accused Moves Bombay High Court, Seeks Interim Bail To Visit Ailing Father

The Bombay High Court on Wednesday (August 6) ordered the National Investigation Agency (NIA) to take instructions and file a reply in response to the petition filed by Ramesh Gaichor, one of the accused in the Bhima Koregaon - Elgar Parishad case, who has sought temporary bail to visit his ailing father.A division bench of Justices Ajay Gadkari and Rajesh Patil granted two weeks time to the...

"Why Is Police Taking Sides?": Bombay HC Orders Action Against Cop For Refusing FIR By Muslim Family Allegedly Attacked Over Religious Identity

The Bombay High Court on Tuesday (August 5) expressed shock over the conduct of a Station House Officer (SHO) of Pune Police, who refused to lodge an FIR on the complaint of a Muslim family on the ground that an FIR was already lodged against the family in a road rage case by a Hindu family.The court thus ordered Pune's Commissioner of Police to take 'stringent' action against the...

Can Caste Scrutiny Committees Suo Motu Recall Their Own Orders Validating Caste Certificates? Bombay High Court Larger Bench To Decide

The Bombay High Court on Monday (August 4) referred to a larger bench to decide as to whether a Caste Scrutiny Committee (CSC) has powers to suo motu recall its own orders granting validity to caste certificates on the ground that it were vitiated by fraud, misrepresentation or suppression of material facts. A division bench of Justices Manish Pitale and Yanshivraj Khobragade after...

Trial Court Cannot Waive Notice Period For Filing Suit Against Authorities Under Zilla Parishads & Panchayat Samitis Act: Bombay High Court

The Bombay High Court has held that trial courts have no jurisdiction to dispense with the statutory notice requirement under Section 280 of the Maharashtra Zilla Parishads and Panchayat Samitis Act and Section 180 of the Maharashtra Village Panchayats Act, unlike Section 80(2) of the Civil Procedure Code, which provides a limited discretion. It held that non-compliance with these...

Bombay High Court Refuses To Take Suo Motu Contempt Action Against CPI(M) For Statement Condemning Order On Gaza Protest Plea

The High Court said that they would prefer to ignore the party's press statement.

Bombay High Court Weekly Round-Up: July 28 - August 03, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 307 to 2025 LiveLaw (Bom) 319]Sayyad Faisal Sayyad Khaleel vs State of Maharashtra, 2025 LiveLaw (Bom) 307Amit Rama Zende vs State of Maharashtra, 2025 LiveLaw (Bom) 308Laxman Motiram Barai vs Hafiza Sheikh, 2025 LiveLaw (Bom) 309Javed Abdul Rahim Attar vs The Maharashtra Housing & Area Development Authority, 2025 LiveLaw (Bom) 310Farah Deeba...

Bombay High Court Gets Fifth Bench At Kolhapur, To Commence Sittings From August 18

In a major development, the Bombay High Court will finally get Bench for the Western Maharashtra at Kolhapur district, which will be the fifth bench of the High Court, from August 18.A notification to this effect, was issued by Chief Justice Alok Aradhe on Friday (August 1)."In exercise of the powers conferred by sub-section (3) of Section 51 of the States Reorganisation Act, 1956 (No. 37...

Income Tax | Sale Proceeds Of One House Used For Purchasing Multiple Residential Houses Qualifies For Exemption U/S 54(1): Bombay High Court

The Bombay High Court held that sale proceeds of one residential house, used for purchase of multiple residential houses, would qualify for exemption under Section 54(1) of the Income Tax Act. The issue before the bench was whether Section 54(1) of the Income Tax Act allows the Assessee to set off the purchase cost of more than one residential units against the capital gains earned...

Unstamped Agreement Cannot Be Basis For Granting Temporary Injunction Even If Its Execution Is Accepted By Defendant: Bombay High Court

The Bombay High Court has held that an agreement which is unstamped and unregistered cannot be relied upon to grant interim injunctions, even if its execution is admitted by the defendant, as such a document is inadmissible in law until duly stamped and impounded under the provisions of the Indian Stamp Act.Justice S.G. Chapalgaonkar was hearing a writ petition challenging the concurrent...

"Is There Any Rule Against Films On Constitutional Figures?": Bombay High Court Asks CBFC To Watch 'AJEY', Decide On Its Release

The Bombay High Court has directed the Central Board of Film Certification to watch the film 'AJEY' based on a book written on the life of UP Chief Minister Yogi Adityanath and take a reasoned decision on its release.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale were irked to note that despite making a statement on July 17 that it will take a decision as per norms on...