'Are Law Enacted By Parliament Binding On Maharashtra Police?' Bombay High Court Asks DGP After Shoddy Probe

The Bombay High Court has ordered the Director General of Maharashtra Police to explain on oath whether the provisions of the law enacted by the Parliament are binding on the State police force or if the same are only to be retained in the books of law.A division bench of Justices Ajay Gadkari and Rajesh Patil has asked the DGP to file a detailed reply explaining his stand on the issue....

[Registration Act] Delay Beyond Control Of Party Excluded While Calculating Limitation For Registering Document: Bombay HC

The Bombay High Court has held that the period during which a party is restrained by a court order, from executing or registering a document must be excluded while computing the time limit for presentation under the Registration Act, 1908. The Court accordingly directed the registration of two agreements for sale executed in 2018, rejecting the Registrar's refusal on the ground of...

Fourth Bombay High Court Judge Recuses From Hearing HDFC CEO's Plea For Quashing FIR Lodged By Lilavati Hospital

Yet another judge of the Bombay High Court on Tuesday recused from hearing the petition filed by Sashidhar Jagdishan, the CEO of HDFC Bank, who has sought to quash an FIR lodged against him at the behest of Lilavati Kirtilal Mehta Medical Trust.On Tuesday morning, the petition was mentioned before a division bench of Justices Ravindra Ghuge and Gautam Ankhad. However, citing personal...

ED Can Lodge Cases Under PMLA While Relying On Predicate Offences Under BNS, As It Replaced IPC: Bombay High Court

In a significant ruling, the Bombay High Court on Tuesday (July 8) held that 'predicate offences' lodged under the newly introduced Bharatiya Nyaya Sanhita (BNS) can be treated as 'scheduled offences' under the stringent Prevention of Money Laundering Act (PMLA), even if its schedule only refers to the repealed Indian Penal Code (IPC).Single-judge Justice Amit Borkar while rejecting a bail...

Courts Need Not Order DNA Test Of Child To Determine Paternity Even If Mother Agrees, Must Act As Custodians Of Child's Rights: Bombay HC

The Bombay High Court has held that even if a mother agrees to get done the DNA profiling test of her child to ascertain its paternity, the courts must still act as the 'custodian' of the rights of the child and consider the pros and cons of the said test before calling upon the minor to undergo the test.Single-judge Justice RM Joshi said the a child being a minor is not capable of...

Reward Schemes Must Be Fairly Implemented: Bombay High Court Directs Dept To Pay Informer For Assisting In Tax Recovery

The Bombay High Court has directed the department to pay informer for assisting in tax evasion recovery. Justices M.S. Sonak and Jitendra Jain stated that “If the Government has formulated a reward scheme, it must be implemented fairly and transparently. Informers who take risks and invest time must not be made to run from pillar to post to secure what may be due and payable....

No Leniency In Import/Export Lapses; Bombay High Court Upholds Licence Cancellation Of Courier Agency For Clearing Imports Without Authorisation

The Bombay High Court has upheld the licence cancellation of a courier agency for clearing imports without authorisation by stating that any such exercise of discretion of leniency will only encourage persons to commit the offence by taking recourse to the services of the courier agencies. Justices M.S. Sonak and Jitendra Jain stated that “the petitioner has been negligent in...

Right To Alternate Accommodation Under Redevelopment Plan Is Conferred Upon Person In Possession Of Premises, Not Owner: Bombay High Court

The Bombay High Court has held that a woman in possession of a flat, though claimed to be a gratuitous licensee by the registered owner, cannot be dispossessed merely on account of redevelopment proceedings. The Court modified the directions issued by the Single Judge and directed that she be put back in possession of the redeveloped flat and receive transit rent, while the registered owner...

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...