Bombay High Court
Abandonment Of Service Needs To Be Established By Conduction Of Enquiry: Bombay High Court
A single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Bhushan Industries vs Lohasingh Ramavadh Yadav has held that abandonment of service is a question of fact that needs to be established by conduction of an enquiry. Background Facts Bhushan Industries (Petitioner) was a partnership engaged in business...
Lengthy Period Of Absence Without Leave Documentation Is Unjustified, Bombay High Court Reduces Back Wages Of MSRTC's Employee
The High Court of Bombay single bench of Justice Sandeep V. Marne held that lengthy periods of absence from duty without proper leave documentation are unjustified, regardless of the plausibility of the reason behind the absence. The High Court acknowledged that the Labour Court's decision of reinstatement of the absent employee with 25% back wages could not be reversed as the employer failed...
Undisputed Employer-Employee Relationship Must For Proceedings Under Contract Labour (Regulation & Abolition) Act, 1970: Bombay High Court Set Asides Industrial Court Order
The Bombay High Court single bench of Justice Amit Borkar held that for the proceedings under the provisions of Contract Labour (Regulation & Abolition) Act, 1970, the relationship between employer-employee should be undisputed. The court held that in absence of such a relationship, the labour court or the industrial court doesn't have any jurisdiction to deal with the matter...
Judges Must Not Tarnish Image Of Judiciary: Bombay High Court Upholds Removal Of Civil Judge Who Arrived At Judicial Academy In Inebriated State
The Bombay High Court recently upheld state government's order removing civil judge Aniruddha Ganesh Pathak from judicial service due to unilateral adjournment of cases, failure to follow court timings and arriving under the influence of alcohol.A division bench of Justice AS Chandurkar & Justice Jitendra Jain observed –“It is a universally accepted norm that Judges and Judicial...
Error On Part Of Auditor Should Be Accepted As Reasonable Cause Shown By Trust Management For Delay Condonation: Bombay High Court
The Bombay High Court has held that the error on the part of the auditor cannot be rejected but should be accepted as a reasonable cause shown by the trust management. The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that an assessee, a public charitable trust with almost over thirty years, which otherwise satisfies the condition for availing exemption, should not...
Tata Steel Entitled To Treat Contribution Of Rs. 212.52 Crores To CAF As Revenue Expenditure: Bombay High Court
The Bombay High Court has held that Tata Steel is entitled to treat the contribution of Rs. 212.52 crores to the Compensatory Afforestation Fund (CAF) as revenue expenditure.The bench of Justice K. R. Shriram and Justice Neela Gokhale has relied on the decision of the Bombay High Court (Goa Bench) in the case of The Commissioner of Income Tax v. Dr. Prafulla R. Hede, and another has accepted...
[Children Drown In Open Water Tank] Rs. 10 Lakhs Compensation Approved For Parents: BMC Tells Bombay High Court
The Brihanmumbai Municipal Corporation (BMC) on Tuesday informed the Bombay High Court that ad-hoc compensation of Rs 10 lakhs as a special case will be given to the parents of two minor boys who drowned in an open water tank at a civic garden in Mumbai's Wadala.Senior Advocate Anil Singh for BMC submitted that the concerned contractor will pay the compensation of Rs. 5 lakhs per victim to...
FIRs For Alleged Hate Speech Registered Against BJP MLAs Nitesh Rane And Geeta Jain: Maharashtra Police To Bombay High Court
The Maharashtra Police on Tuesday informed the Bombay High Court that criminal cases have been registered against BJP MLA Nitesh Rane for alleged hate speeches in Malwani, Mankhurd, Ghatkopar. FIR is also registered against MLA Gita Jain for alleged hate speech in Mira Bhayander from January to March this year.The FIRs have been registered under sections 153A (promoting enmity between groups...
Breaking | Bombay High Court Dismisses Suit Challenging Syedna Mufaddal Saifuddin's Position As 53rd Spiritual Leader Of Dawoodi Bohra Community
After a ten-year long legal battle, the Bombay High Court has upheld Syedna Mufaddal Saifuddin's position as “Dai-al-Mutlaq” or the religious leader of the Dawoodi Bohra community, dismissing his nephew Taher Fakhruddin's claim.Justice GS Patel pronounced the judgment today, dismissing Fakhruddin's suit.The trial in the Syedna succession row concluded and judgment was reserved in April...
Bombay High Court Weekly Round-Up: April 15 - April 21, 2024
Nominal Index [Citation 200 - 220]Sumit Suresh More v. State of Maharashtra 2024 LiveLaw (Bom) 200Arun Gulab Gawli v. State of Maharashtra 201Pankaj Kailash Agarwal v. ACIT 2024 LiveLaw (Bom) 202Dipak P. Mali v. State of Maharashtra 2024 LiveLaw (Bom) 203Durgadas s/o. Sunil Saindane v. State of Maharashtra 2024 LiveLaw (Bom) 204Ramesh Sippy v. Sunhil Ajit Sippy & Ors. 2024 LiveLaw...
Bombay High Court Strikes Down State's Circular Imposing Additional Conditions For Registration Of Govt Employee Vehicles Under “BH Series”
The Bombay High Court recently quashed the State government's circular providing additional conditions for registration of vehicles belonging to government employees under the “BH series”.A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla allowed a writ petition filed by Civil Judge Mahendra Bansilal Patil challenging the Commissioner of Transport's refusal to...
Arbitrator's Mandate Would Not Be Terminated When The Delays In Arbitral Proceedings Are Not Attributable To It: Bombay High Court
The High Court of Bombay has held that an arbitrator's mandate would not terminate when the proceedings are not completed within timelines agreed by the parties, if the delays in the conduct of the proceedings are attributable to the party seeking termination of the mandate. The bench of Justice Bharati Dangre held that generally, in an arbitration not governed by Section 29A,...