Bombay High Court
Bombay High Court Directs GST Council To Develop Mechanism For Cross-State ITC Transfer In Mergers/Amalgamations
The Bombay High Court has directed the GST Council and GST Network to develop a mechanism for cross-state ITC transfer in Mergers/amalgamations. Justices Bharati Dangre and Nivedita P. Mehta permitted the IGST and CGST amount lying in the electronic credit ledger of the Transferor Company to be transferred to the Petitioner Company by physical mode for the time being, subject to...
Welfare & Comfort Of Child Prevails When Pitted Against Personal Law: Bombay High Court Lets Muslim Mother Retain Custody Of 9-Yr-Old
The Aurangabad bench of the Bombay High Court on Monday (July 21) held that even when a personal law is pitted against the welfare and comfort of a child, the latter would always have an upper hand. Single-judge Justice Shailesh Brahme noted that the Muslim Personal Law allows the custody of a minor above the age of 7-years to the father and the child in the instant case was 9-years-old....
Maharashtra ATS Tortured Accused, Officers Were Frustrated: Bombay High Court While Acquitting 12 Men From 7/11 Mumbai Train Blasts Case
The Bombay High Court while acquitting all the 12 convicts in the infamous 7/11 Mumbai train blast case, observed that the Maharashtra Anti Terrorism Squad (ATS) probing the case tortured the accused in the most 'inhuman and barbaric' manner as the officers were 'frustrated' at the relevant time and thus the 'confessional statements' of the accused obtained by the cops, were...
Bombay High Court Again Flags 'Copy-Paste' Witness Statements In Criminal Cases, Asks State To Address 'Menace'
In a continuing expression of concern, the Bombay High Court recently once again flagged the practice of 'copy-pasting' witness statements by investigating officers and directed the State Government to address this growing 'menace'. A division bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh made these observations while disposing of a Criminal Application,...
Bombay High Court Gets Two New Judges Increasing Strength To 66
Justice Shree Chandrashekhar and Justice Suman Shyam were sworn in as judges of the Bombay High Court on Monday (July 21). With the swearing-in of the two new judges, the strength of High Court now stands at 66 against the sanctioned strength of 94 judges.Justice Chandrashekhar was transferred from Rajasthan High Court while Justice Shyam was transferred from Gauhati High Court. Chief...
7/11 Mumbai Train Blasts: Bombay High Court Acquits All 12 Accused
Bombay High Court has quashed and set aside the judgment of a special MCOCA court, which handed over the death sentence to 5 and life term to 7 accused booked for conspiring and executing the bombs in Mumbai's Western Railway local line. 7 bombs had ripped through the local lines in Mumbai. A total of 189 citizens lost their lives and nearly 820 innocents sustained severe injuries in these...
Entry In Scheduled Tribe List Must Be Read As It Is, Pre-Constitutional Evidence Cannot Be Ignored: Bombay High Court
The Bombay High Court has held that pre-constitutional documentary evidence showing consistent entries of Scheduled Tribe status cannot be disregarded merely on the ground that the claimants fail to satisfy the affinity test. The Court quashed an order of the Scheduled Tribe Caste Certificate Scrutiny Committee and directed it to issue validity certificates to Vedant Wankhade and his father,...
UAPA Is A 'Deterrent' To Unlawful Activities, Cannot Be Equated With Preventive Detention Due To Its Title: Bombay High Court
While upholding the constitutional validity of the Unlawful Activities (Prevention) Act (UAPA), the Bombay High Court on Thursday held that the Act can be construed to be 'deterrent' to the commission of unlawful activities, but by no stretch of imagination can it be equated with 'preventive detention.'A division bench of Justices Ajay Gadkari and Dr Neela Gokhale rejected the petition filed...
Member Of Society Can Be Directed To Vacate Premises U/S 9 Of Arbitration Act For Smooth Redevelopment: Bombay High Court
The Bombay High Court bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne held that a member of a society can be directed to vacate the premises occupied by them under Section 9 of the Arbitration Act to ensure smooth redevelopment, if they act contrary to the terms of the Development Agreement These Appeals have been filed under Section 37 of the Arbitration and...
Bombay HC Takes Suo Moto Cognisance Of News Report Claiming 300 Colleges Across State Had No Students, But Staff Were 'Pocketing Crores'
The Nagpur bench of the Bombay High Court recently expressed shock over the fact that there were around 300 colleges across Maharashtra which did not have a single student but yet their staff are getting paid hefty salaries.A division bench of Justices Nitin Sambre and Sachin Deshmukh took Suo Motu cognisance of the news item published on July 12, in the Times of India, which read, "No...
Mother Is Child's Natural Guardian After Father's Death, Even If He Is Residing With Grandparents For A Long Time: Bombay High Court
The Bombay High Court has held that after the father's death, the mother becomes the natural guardian of a minor and cannot be denied interim custody unless there is clear evidence that her guardianship would be detrimental to the welfare of the child. The Court set aside an order of the District Judge denying interim custody to the mother and directed that the child be handed over to...
Relatives Can't Adopt Foreign Child Who Isn't In Need Of 'Care & Protection' Or 'Conflict With Law' As Per JJ Act: Bombay High Court
The Bombay High Court has held that there is no provision under the Juvenile Justice (Care and Protection of Children) Act, 2015 or the Adoption Regulations, 2022, that permits the adoption of a foreign national child by Indian relatives, unless the child is in need of care and protection or is a child in conflict with law.A division bench of Chief Justice Alok Aradhe and Justice Neela...