Bombay High Court
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...
Tendering Authority Cannot Assign Alternative Interpretation To Tender Clause Which Is Unambiguous: Bombay High Court
The Bombay High Court has held that a tender clause granting preference to bidders applying for a higher number of warehouses cannot be extended to the Central Store Office if the tender document draws a clear distinction between the two categories. The Court quashed the lease awarded to one bidder and restored the tender process.The Division Bench of Chief Justice Alok Aradhe and Justice...
Bombay High Court Declines To Interfere With Site Chosen For Balasaheb Thackeray Memorial, Says It Falls Outside Scope Of Judicial Review
The Bombay High Court has dismissed a batch of Public Interest Litigations challenging the decision to establish the Balasaheb Thackeray Rashtriya Smarak at the site of the Mayor's Bungalow in Shivaji Park, Dadar. The Court held that the choice of site, formation of the managing trust, and other consequential actions were well within the State's policy domain and followed due process.The...
Centre Notifies Appointment Of 2 Advocates As Additional Judges Of Bombay High Court
The Union government on Friday notified the appointment of two advocates as additional judges of the Bombay High Court for two years.The two advocates are:1. Gautam Ashwin Ankhad, and2. Mahendra Madhavrao Nerlikar.The Supreme Court collegium had recommended their names for elevation on September 24.It may be noted that out of the nine names recommended for appointment as judges of the Bombay...
OPC & Its Sole Director Can't Be Treated As One For Liability Owed: Bombay HC Grants Relief To Director In Dispute Over MasterChef Production
The Bombay High Court has observed that sole director of a One Person Company (“OPC”), cannot be treated parallelly with the separate legal entity.The court set aside the directions in the impugned order dated 10/07/2024 directing Mr. Saravana Prasad ("Prasad") to deposit Rs. 10.40 crores in a fixed deposit, and disclose all assets and all encumbrances, charges and...
'Amnesty From Penalty Under Stamp Act Does Not Create Right Of Registration Of Instrument Beyond Limitation Period': Bombay High Court
The Bombay High Court has held that payment of stamp duty under the Maharashtra Stamp Duty Amnesty Scheme, 2023, cannot override the statutory time limits prescribed under the Registration Act, 1908, for presentation of documents. It dismissed a petition challenging the refusal to register a 1987 Development-cum-Sale Agreement despite payment of stamp duty under the Amnesty Scheme.Justice...
'Time Taken For Pre-Arrest Medical Exam Can't Justify Detention Beyond 24 Hours': Bombay High Court Orders Release Of Accused
The Bombay High Court has held that the period of pre-arrest medical examination cannot be excluded from the 24-hour timeline for producing an arrestee before a Magistrate under Article 22(2) of the Constitution and Section 57 of the CrPC. It declared the arrest of the accused illegal and ordered his release, observing that he was not produced before the Magistrate within the required time of...
Mosques Approach Bombay High Court Challenging Mumbai Police Notices To Remove Azaan Loudspeakers
Five Mosques from Mumbai's eastern suburbs have approached the Bombay High Court accusing the Police of 'targeting' the Muslim Community by issuing allegedly 'unsubstantiated' notices to several such mosques for removing loudspeakers used for daily Azaan on ground of breaching the provisions of Noise Pollution Rules, 2000.A division bench of Justices Ravindra Ghuge and Milind Sathaye on...
Plaintiff Cannot Confer Jurisdiction By Amending Pleadings, Amounts To Changing Nature Of Dispute: Bombay High Court
The Bombay High Court at Goa has held that a party cannot confer jurisdiction on a civil court through an amendment of pleadings that would fundamentally alter the nature of the dispute. Dismissing a writ petition under Article 227 of the Constitution, the Court upheld the trial court's refusal to allow amendment of pleadings before deciding the respondent's application for return of the...
'Bank Cannot Delay Or Refuse To Open Account Over Demand For Aadhar Card': Bombay High Court Orders ₹50K Compensation
The Bombay High Court has held that a bank could not have insisted on Aadhaar as a mandatory requirement for opening a bank account after the Supreme Court's verdict in Justice K.S. Puttaswamy v. Union of India (2018), and awarded ₹50,000 in compensation to a company whose account was delayed due to the bank persisting on its demand of Aadhar Card.The Division Bench of Justices M.S. Sonak...