Legal Profession Is Driven By Men; Women Compelled To Have Restricted Practice: Justice Sharmila Deshmukh

The legal profession is a male dominated profession wherein the mindset of the litigants is that they would be okay to lose with an 'incompetent' male lawyer but not lose with a 'competent' female lawyer, said Bombay High Court judge Justice Sharmila Deshmukh recently. The judge bemoaned the lack of 'equal playing field' for woman lawyers, which compels them to have a 'restricted'...

Husband Can't Be Asked To Pay Instalments For Under-Construction Flat Under DV Act, Not 'Shared Household': Bombay High Court

A flat under construction, though registered jointly in the name of the spouses, cannot be termed a 'shared household' under the Protection of Women from Domestic Violence Act (PWDV) 2005 and thus, a husband cannot be directed to pay instalments of such a flat, held the Bombay High Court recently.Justice Manjusha Deshpande noted that the flat in question was still under construction and that...

[Income Tax Act] Reassessment Beyond 4 Years Requires Specific Non-Disclosure By Assessee, Not Mere Allegations: Bombay High Court

The Bombay High Court stated that reassessment under Section 147 Income Tax Act beyond 4 years requires specific non-disclosure by assessee, not mere bald allegations. Section 147 of the Income Tax Act, 1961 provides for the reopening of assessment proceedings. This section gives discretion to the Assessing Officer (AO) to reopen the assessment proceedings when he/she has reason...

"Will Lead To Similar Requests For Other Festivals": Bombay HC Tells BMC To Reconsider Ban On Animal Slaughter For Paryushan Parva

"If slaughter houses are closed for 9 days of Paryushan Parva in a city like Mumbai which houses diversified population, then everyone celebrating other festivals like Ganesh Chaturthi, Durga Puja/Navratri etc will come to the court and seek similar prayers," Bombay High Court orally remarked while hearing a PIL seeking ban on slaughtering of animals in Mumbai, Pune and Nashik for a period of...

Advocate Rajesh Datar Withdraws Consent For Judgeship After Centre's Inaction On SC Collegium Recommendation

Advocate Rajesh Datar from the Bombay High Court recently withdrew his consent form for becoming a Bombay High Court judge, which he filled in April 2024.Datar was recommended for appointment as an additional judge of the Bombay High Court by the SC Collegium on September 24, 2024, under then Chief Justice of India (CJI) Dhananjay Chandrachud.Notably, among the four advocates recommended by...

POSH Act Won't Apply To Sexual Harassment Complaints Of Women Advocates To Bar Council Against Other Lawyers : Bombay High Court

The Court said that there is no employer-employee relationship between bar councils and advocates.

Child Of Inter-Caste Parents, Raised Alone By Backward-Caste Parent Can Be Considered 'Backward' Only If He Faced Caste Bias: Bombay HC

The Bombay High Court has dismissed a student's plea seeking a caste validity certificate under the Scheduled Caste category based on his mother's caste, holding that there was no material to show he suffered any discrimination, deprivation, or disadvantage to warrant such recognition.A division bench of Justices Revati Mohite Dere and Dr. Neela Gokhale was hearing a writ petition filed by...

Bombay High Court Weekly Round-Up: June 30 - July 06

Nominal Index [Citations: 2025 LiveLaw (Bom) 244 to 2025 LiveLaw (Bom) 258]Zilla Parishad vs Pradeep Bhaurao Pokale, 2025 LiveLaw (Bom) 244Farukh Shah vs State of Maharashtra, 2025 LiveLaw (Bom) 245Ravindra s/o Laxman Narete vs State of Maharashtra, 2025 LiveLaw (Bom) 246Rupali P Shah vs Adani Wilmar Ltd., 2025 LiveLaw (Bom) 247Microfibers Pvt. Ltd. vs Yes Bank Ltd., 2025 LiveLaw...

[Railways Act] Dependent's LR Entitled To Compensation Even If Dependent Of Deceased Dies During Pendency Of Appeal: Bombay HC

The Bombay High Court has held that the legal representative of a dependent of a deceased passenger is entitled to receive compensation under the Railways Act, 1989, even if the dependent dies during the pendency of proceedings. The Court observed that such compensation partakes the character of the deceased dependent's estate and does not abate with their death.Justice N.J. Jamadar was...

CJI Gavai Launches Live Streaming Facility In Bombay High Court

Chief Justice of India (CJI) Bhushan Gavai on Saturday launched the "live streaming" of the Bombay High Court proceedings.As of now only the proceedings of the first five benches of the HC will be live streamed, which are:Chief Justice Alok Aradhe & Justice Sandeep MarneJustice Revati Mohite-Dere & Justice Dr Neela Gokhale Justice Mahesh Sonak & Justice Jitendra JainJustice...

Income Tax | Sales Tax Incentive Under Govt Scheme For Industrial Promotion Is Capital Receipt, Not Taxable: Bombay High Court

The Bombay High Court has stated that sales tax incentive under a government scheme for industrial promotion is a capital receipt, not taxable.Chief Justice Alok Aradhe and Justice Sandeep V. Marne were addressing the issue of whether an incentive received in sales tax liability under a Scheme formulated by the State Government would be on the capital account, exempt from taxation, or on...

Granting Bail In Serious Offences Under POCSO Act Defeats Statute: Bombay High Court Denies Bail To Man Booked For Sodomising Minor Boy

Liberal Approach To Bail Must Not Defeat POCSO Act's Objective: Bombay High Court Denies Bail To Man Accused Of Sodomising Minor Boy