Murder Conviction Can't Be Converted To Culpable Homicide If Convict Was Cruel: Bombay High Court Denies Relief To Man Who Locked Burning Wife

The Bombay High Court recently refused to commute the conviction of a man from murder to culpable homicide not amounting to murder after noting that the convict acted in a 'cruel' manner by setting his wife ablaze and further not letting anyone to help her.A division bench of Justices Sarang Kotwal and Shyam Chandak said the convict Ambadas Aaretta acted in a cruel manner and took advantage...

Names Of Dead Persons Remaining On Voters List Doesn't Mean They Were Misused To Influence Election Result: Bombay High Court

Merely because names of dead persons continue to be on the voters list it cannot be presumed that votes have been cast in the name of these dead persons, held the Aurangabad bench of the Bombay High Court recently while upholding the election of Congress MP Shobha Bacchav from Dhule constituency to the 18th Lok Sabha elections.Single-judge Justice Arun Pednekar dismissed the election...

Treaty Provisions Don't Override Customs Law: Bombay High Court Upholds SCN Issued For Alleged Misuse Of Import Exemptions

The Bombay High Court stated that treaty provisions don't override customs law and upheld the show cause notices issued for alleged misuse of import exemptions. The Bench consists of Justices M.S. Sonak and Jitendra Jain observed that based on a treaty provision that is not transformed or incorporated into the national law or statute, the provisions of the existing Customs Act...

Cash Credit Account Cannot Be Treated As Property Of Account Holder Which Can Be Considered U/S 83 Of GST Act: Bombay High Court

The Bombay High Court stated that cash credit account cannot be treated as property of account holder which can be consider under Section 83 of GST Act. The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that the phrase 'including bank account' following the phrase, “any property” would mean a non-cash-credit bank account. Therefore, a “cash credit...

Amount Of Subsidy Received By Assessee From RBI Cannot Be Treated As 'Interest' Chargeable U/S 4 Of Income Tax Act: Bombay High Court

The Bombay High Court held that the amount of subsidy received by the Assessee from RBI cannot be treated as 'interest' chargeable under Section 4 of Income Tax Act. The Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne stated that “the amount of subsidy received by the Assessee is not relatable in loan or advance given by the assessee to the RBI and...

Bombay High Court Sets Aside Denial To Register Yamaha's 'WR' Trademark, Says Registrar Must Give Reasoned Order For Pre-Acceptance Advertisement

The Bombay High Court stated that the Registrar of Trademarks must give a reasoned order for pre-acceptance advertisement.Justice Manish Pitale observed that “The Registrar is required to pass a reasoned order as to why a mark is being advertised after acceptance and also a reasoned order as to why a mark is being advertised before acceptance. In fact, the Registrar has the option of...

"Be Ashamed": Bombay High Court Tells Maha Govt Over Inaction On 2012 'New Year Party' In Differently-Abled Children's Home

The Bombay High Court on Monday said the Maharashtra Government and its officials must be 'ashamed' of themselves for not being able to point out even after 11 years that whether they have taken any action against the officials of the Children's Aide Society (CAS) and the Child Welfare Committee (CWC) over a 'shocking' New Years Party in December 2012, wherein 20 mentally disabled girls were...

Payment Of Gratuity Act Overrides Other State Pension Rules: Bombay HC

Bombay High Court: A single judge bench of justice MS Jawalkar held that the Payment of Gratuity Act, 1972 ('Act'), prevails over the Maharashtra Civil Services (Pension) Rules, 1982 ('MCS Rules'), unless a specific exemption is provided under Section 5 of the Act. The court clarified that the mere pendency of proceedings or any minor punishment under the latter, cannot justify...

Voluntarily Abandoning Service Is Not Retrenchment: Bombay HC

Bombay High Court: A single judge bench consisting of Justice Anil L. Pansare set aside multiple Industrial Court orders that had directed the reinstatement and back wages of several employees. These employees were absent from duty without notice. The court held that prolonged absence despite repeated calls amounted to voluntary abandonment of service, and not termination. Thus, the...

Bombay High Court Upholds Order Refusing To Declare 'TikTok' As Well Known Trademark Owing To Its Ban In India

The Bombay High Court recently refused to quash and set aside an order passed by the Registrar of Trade Marks, which refused to recognise "Tik Tok" as a well known Mark under the Trade Marks Act, noting that the social media application is banned in India.Single-judge Justice Manish Pitale said that the fact that the app is banned in India, as considered by the Registrar while refusing to...

Formal Service Of Writ Of Summons Not Required In Transferred Suit If Appearance Made At Interlocutory Stage: Bombay High Court

The Bombay High Court stated that formal service of writ of summons not required in transferred suit if appearance made at interlocutory stage.The Bench of Justice Abhay Ahuja stated that “since the rigours of the Commercial Courts Act and the amended CPC in relation to the service of summons do not apply to transferred Suits and considering that the captioned Suit was a regular Suit...

Bombay High Court Defers Celebi's Plea Against Contract Termination By Mumbai Airport, Awaits Delhi HC Verdict In Similar Case

The Bombay High Court on Friday adjourned till July 10, the hearing in the petition filed by Turkey-based company Celebi's Indian subsidiary - Celebi NAS, which has challenged the termination of its services by the Mumbai International Airport Limited (MIAL).A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla was informed that overall India, 7 airports have cancelled...