Constitution Protects Slum Dwellers, They Have An Equal Right To Live With Dignity, Safety And Basic Standards Of Living: Bombay High Court

In a landmark ruling, the Bombay High Court while observing that the Constitution of India is a 'living framework' held that the people living in slums or informal settlements are protected by the Constitution. The High Court upheld the constitutional validity of the Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations (DCPR) 2034, which provides for rehabilitation of...

Minor Rape Victim Cannot Be Forced To Continue With 'Unwanted' Pregnancy: Bombay High Court Allows 12-Yr-Old Girl To Abort 29 Week Foetus

Observing that it cannot force a rape victim to carry her 'unwanted' pregnancy, the Nagpur bench of the Bombay High Court recently allowed a minor girl to abort her nearly 29 weeks foetus under the Medical Termination of Pregnancy (MTP) Act.A division bench of Justices Nitin Sambre and Sachin Deshmukh said by forcing he girl to continue with the pregnancy, the State would be 'stripping' her...

Bombay High Court Weekly Round-Up: June 09 - June 15, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 206 to 2025 LiveLaw (Bom) 213]Anirudh Prataprai Nansi vs Union of India, 2025 LiveLaw (Bom) 206Rekha P Thapar vs State of Maharashtra, 2025 LiveLaw (Bom) 207Santosh Savlaram Morajkar vs Sumitra Savlaram Moraskar, 2025 LiveLaw (Bom) 208M/s. Krishna Constructions vs Subhash Uttam Dalvi, 2025 LiveLaw (Bom) 209Ankur Narayan Panwar vs State of...

Design & Engineering Services To Foreign Entities Are Zero-Rated Supplies; Assessee Eligible For Refund Of Unutilized ITC U/S 54 Of CGST Act: Bombay HC

The Bombay High Court stated that design and engineering services to foreign entities are zero-rated supplies; assessee eligible for refund of unutilized ITC U/S 54 CGST. The Division Bench of Justices B.P. Colabawalla and Firdosh P. Pooniwalla observed that assessee is not an agency of the foreign recipient and both are independent and distinct persons. Thus, condition (v)...

'Alarming Situation' : Bombay High Court On Local Train Deaths; Suggests Automatic Doors For Mumbai Locals

The Bombay High Court on Thursday suggested that the Central Railways consider installing automatic closed doors in Mumbai local trains to prevent commuters from falling off and dying, a tragic occurrence the Court described as "alarming."The bench of Chief Justice Alok Aradhe and Justice Sandeep Marne was hearing a public interest litigation concerning the recurring deaths of railway...

State 'Considering' Appeal Against Bail Granted To An Accused Is Not Grounds To Deny Bail To Other Co-Accused: Bombay High Court

The Bombay High Court recently held that a person seeking bail on grounds of parity cannot be denied relief merely because the State is contemplating to challenge the order of bail granted to co-accused and therefore, asked the Maharashtra Law and Judiciary Department to ensure that it approves the proposal for filing appeal against an order, within two weeks. Single-judge Justice Amit...

"Slum Dwellers Cannot Be Pushed To The Outskirts Of Mumbai": High Court Upholds Scheme For Rehab Of Slums Built On 'Reserved' Open Spaces

In a city where inequality is visible in how space and services are distributed, providing formal housing to slum dwellers within the city and not on its outskirts, is a step towards real equality, the Bombay High Court held on Thursday while refusing to strike down Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations, (DCPR) 2034, which provides for rehabilitation of...

AO Cannot Alter Net Profit In Profit & Loss Account Except Under Explanation To S.115J Of Income Tax Act: Bombay High Court

The Bombay High Court stated that assessing officer do not have the jurisdiction to go behind net profit in profit and loss account except as per explanation to Section 115J Of Income Tax Act. The Division Bench consists of Chief Justice Alok Aradhe and Justice M.S. Karnik observed that “Section 115J of the 1961 Act mandates that in case of a company whose total income as...

[Income Tax] Breach Of Article 265 Cannot Be Alleged Based On Inconclusive Opinion By Assessing Officer: Bombay High Court

The Bombay High Court stated that a breach of Article 265 of the constitution cannot be alleged or sustained based upon a tentative or inconclusive opinion formed by assessing officer. The Division Bench consists of Justices M.S. Sonak and Jitendra Jain stated that “If the communication dated 29 November 2018 is an order, it being like a preliminary, prima facie, or interlocutory...

Does Payment For Transponder Services Constitute 'Royalty' U/S 9(1)(vi) Of Income Tax Act? Bombay High Court Asks CIT To Decide

The Bombay High Court has asked the Commissioner of Income Tax to decide whether payment for transponder services constitutes 'royalty' under Section 9(1)(Vi) of Income Tax Act. The Division Bench of Justices M.S. Sonak and Jitendra Jain observed that “the authorities have held the payment to constitute 'royalty' under the domestic law as well as under the Treaty, but by holding...

Bombay High Court Upholds Arbitral Award Against BCCI, Directs Payment Of ₹538.9 Crore To Defunct IPL Franchise Kochi Tuskers Kerala

The Bombay High Court has upheld an arbitral award granting damages amounting to 538.9 crore to Kochi Cricket Private Limited ("KCPL”), the parent company of defunct IPL franchise Kochi Tuskers Kerala.It was held that the Court cannot act as a Court of First Appeal and delve into a fact-finding exercise by revisiting and re-appreciating the record and accepting competing interpretations...

After Bombay High Court Intervenes, Housing Society Agrees To Remove Bouncers Appointed To Prevent Stray Dog Feeders

The Bombay High Court recently accepted the statement made by a housing society in Mumbai that it will remove bouncers, allegedly appointed for harassing members of the society, who fed street dogs in the society premises.A division bench of Justices Girish Kulkarni and Arif Doctor noted that by detailed orders passed on March 27 and March 28, 2023 and April 24, 2023, the society's committee...