'Denial Of Hearing In Externment Proceedings Amounts To Violation Of Constitutional Values': Bombay High Court

The Bombay High Court has held that denial of an effective opportunity of hearing to a proposed externee under Section 59 of the Maharashtra Police Act, 1951, amounts to a violation of constitutional values and vitiates the entire externment proceedings. The Court observed that personal liberty guaranteed under Article 19 of the Constitution cannot be curtailed except by following due process...

Being 'Bright Student' No Grounds To Quash FIR: Bombay HC In Student's Plea Seeking Relief Over Allegedly Objectionable Post On Op Sindoor

The Bombay High Court on Friday orally remarked that it cannot quash an FIR lodged against a 19-year-old female engineering student for reposting an objectionable 'Operation Sindoor' post on social media, just because she has apologised, is a bright student or has passed her exams with "flying colours."A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad heard...

Income Tax Act | Payment To Consulting Doctors Appointed On Probation Is Not Salary; TDS Deductible U/S 194J, Not U/S 192: Bombay High Court

The Bombay High Court has held that payments to consultant doctors are not salary. Hence, TDS is deductible under section 194J and not under section 192 of the Income Tax Act. Justices B.P. Colabawalla and Firdosh P. Pooniwalla stated that there does not exist an employer-employee relationship between the assessee and consultant doctors, and the payments made to them by the...

"Can't Permit Multiplicity": Bombay High Court Refuses To Entertain PIL Against 'Kunbi' Status To Marathas

The Bombay High Court on Thursday dismissed a Public Interest Litigation (PIL) challenging a Government Resolution (GR) issued by the Maharashtra Government to provide "Kunbi" caste certificates under the Other Backward Class (OBC) category to the members of Maratha Community, who identify themselves of having Kunbi origins.A division bench of Chief Justice Shree Chandrashekhar and Justice...

Income Tax Act | Draft Assessment Order Not Permissible U/S 144C(1) When TPO Makes No Variation: Bombay High Court

The Bombay High Court has held that a draft assessment order is not permissible under section 144C(1) of the Income Tax Act when the TPO (transfer pricing officer) makes no variation. Section 144C(1) of the Income Tax Act, 1961, provides that the Assessing Officer should forward a draft of the proposed assessment order to the eligible assessee if any variation of the income or...

Six Additional Judges Of Bombay High Court Made Permanent

Six Additional Judges of the Bombay High Court on Thursday (September 18) were sworn-in as Permanent Judges after the Central Government approved their appointments last week. Justices Sanjay Deshmukh, Vrushali Jadhav, Abhay Mantri, Shyam Chandak, Neeraj Dhote and Somasekhar Sundaresan were administered oath of the office. Presently, Justices Chandak and Sundaresan are sitting at the...

'Magistrate Not Required To Pass Preliminary Order U/S 145 CrPC When Inquiry Is Directed By HC Or SC': Bombay High Court

The Bombay High Court has held that where an inquiry under Section 145 of the Code of Criminal Procedure [Section 164 in the BNSS] is specifically directed by the High Court or the Supreme Court, the Magistrate is not required to pass a separate preliminary order under Section 145(1). The Court observed that in such cases, the satisfaction as to the existence of a dispute likely to cause...

Bombay HC 5-Judge Bench Initiates Additional Criminal Contempt Proceedings Against Lawyer For 'Scandalous' Remarks In Plea Against Judge

The Bombay High Court on Wednesday initiated another suo motu criminal contempt of court case against advocate Nilesh Ojha, who made 'scandalous and scurrilous' allegations against a sitting judge, while defending himself in another criminal contempt of court case, which was initiated by a five-judge bench for levelling similar allegations against the same judge. For context, suo motu...

Fraud Loan Accounts Row: Bombay High Court Grants Interim Relief To Anil Ambani, Stays Coercive Action By Bank Of Baroda

In a temporary relief, the Bombay High Court on Wednesday restrained the Bank of Baroda from taking any coercive action in furtherance of its September 4 order classifying the loan accounts of industrialist Anil Ambani's Reliance Communications as 'fraud.'A division bench of Justice Riyaz Chagla and Farhan Dubash asked the Bank not to take any action till further hearing in the matter, which...

Bombay High Court Dismisses PIL Against Release Of 'Jolly LLB 3', Says Judges Not Affected By Mockery

The Bombay High Court has dismissed a PIL which sought directions against release of the upcoming film "Jolly LL.B 3" on the ground that the film mocks the judiciary. The film is set to hit the theaters on September 19.Advocate for the Petitioner told the bench that the trailer of the film itself is objectionable as in one of the scenes, judges are called as "Mamus." "This is mockery of...

Maharashtra Sadan Scam: Bombay High Court Quashes ED's Money Laundering Case Against Chamankar Brothers

In a major relief to the Chamankar brothers, one of the prime accused in the Maharashtra Sadan Scam case involving State Cabinet Minister Chhagan Bhujbal, the Bombay High Court on Tuesday (September 16) quashed the case lodged against them by the Enforcement Directorate (ED).A division bench of Justices Ajay Gadkari and Rajesh Patil quashed the ED case lodged under the stringent Prevention...

2008 Malegaon Blast: Bombay High Court Questions Appeal By Victims Families, Asks If They Testified During Trial

While hearing the appeal filed by the victims of the 2008 Malegaon Blast, who have challenged the acquittal of former BJP MP Pragya Thakur, Lt. Col. Prasad Purohit and other accused from the case, the Bombay High Court on Tuesday clarified that it will entertain the plea only if the appellants have been witnesses in the trial. The appeal has been preferred by Nisar Ahmed Sayyed Bilal along...