Bombay High Court Dismisses Writ Petition By Akasa Air Pilot Challenging ICC Report Over Denial Of Hearing In POSH Case

The Bombay High Court held that the mere absence of an opportunity to cross-examine witnesses in proceedings under the POSH Act does not automatically vitiate the inquiry, particularly where the foundational facts are admitted and no prejudice is demonstrated. The Court observed that proceedings before the Internal Complaints Committee (ICC) are fact-finding in nature and are not bound by...

Bombay High Court Grants Bail To Kafeel Ahmad, Prime Accused In 2011 Mumbai Triple Blasts Case

The Bombay High Court on Tuesday granted bail to Kafeel Ahmad Mohammad Ayub, one of the prime accused in the 2011 Triple Bomb Blast Case in which at least 21 people died while hundreds were left injured in Mumbai.A division bench of Justices Ajay Gadkari and Ranjitsinha Bhonsale considered the fact that the trial in the case is yet to commence and that Kafeel has already spent around 13 years...

Bombay High Court Lifts Stay On Trial Against Abu Jundal In 26/11 Mumbai Terror Attacks Case

Clearing the decks for the second phase of trial in the 26/11 Mumbai Terror Attacks case, the Bombay High Court on Monday (November 3) set aside a special court's order which had in 2018 stayed the trial against Zabiuddin Ansari alias Abu Jundal, the alleged handler of the 10 Pakistani terrorists who had entered the city.Single-judge Justice RN Laddha quashed and set aside the special...

Divorce Cannot Be Granted Merely Because One Party Remains Absent; Court Must Assess Evidence Even In Ex Parte Proceedings: Bombay High Court

The Bombay High Court has held that a decree of divorce cannot be passed merely because one of the parties remains absent or fails to file a written statement. The Court observed that even in ex parte proceedings, the trial court must independently assess the petitioner's evidence and record findings based on the merits before dissolving a marriage.A Division Bench of Justice Revati Mohite...

Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court

The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit...

No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film

The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of...

Farmers Protest: Bachchu Kadu Drops 'Rail Roko' Andolan After Bombay High Court Cautions Against Public Disturbance

Farmers' leader and former MLA Omprakash alias Bachchu Kadu on Thursday cancelled his proposed plan to stage a "Rail Roko Andolan" in Nagpur after the Bombay High Court cautioned him against probable inconvenience to the citizens.Notably, Kadu led thousands of farmers and staged protests by blocking the National Highway 44 popularly known as Wardha Road, which connects to the Samruddhi...

S.263 Succession Act | Grounds For Annulment Of Probate Are Illustrative, Not Exhaustive: Bombay High Court Clarifies

The Bombay High Court has held that the explanations (a) to (e) appended to Section 263 of the Indian Succession Act, 1925, for annulment of probate, are illustrative and not exhaustive. The Court clarified that even circumstances not specifically enumerated in these explanations can amount to “just cause” for revoking or annulling a grant of Probate or Letters of Administration, depending...

Illegal Delegation By Interview Committee Renders Entire Recruitment Void; No Selective Relief In Tainted Selection Bombay High Court

The Bombay High Court has held that when the entire selection process for a recruitment is tainted, there cannot be a policy of pick and choose of certain candidates, as delegation of powers by the Interview Committee to subordinate officers is impermissible in law, and renders the entire selection process invalid. The Court observed that where a Government Resolution prescribes that an...

Bombay High Court Takes Note Of Inconvenience To Citizens Due To Bachchu Kadu-Led Farmers' Protest, Asks To Clear Site Immediately

The Bombay High Court on Wednesday took suo motu cognisance of the "suffering and disturbance" caused to the citizens due to the ongoing protests at the National Highway 44 (Wardha Road) by farmers under the leadership of former MLA Omprakash alias Bachchu Kadu.Sitting at the Nagpur seat, single-judge Justice Rajnish Vyas presiding over a vacation court, also ordered Bachchu Kadu to...

Anil Ambani Withdraws Plea Against IDBI Bank's Fraud Proceedings After Bombay High Court Declines To Intervene

The Bombay High Court on Tuesday allowed industrialist Anil Ambani to withdraw his petition by which he sought a directive to the IDBI Bank against proceeding with the personal hearing in connection to a show cause notice (SCN) issued to him for declaring his loan account as "fraud."Single-judge Justice Sandesh Patil presiding over the vacation court, after hearing Ambani's counsel, expressed...

AO Cannot Rely Solely On Sales Tax Dept Data To Add Bogus Purchases Without Granting Cross-Examination: Bombay High Court

The Bombay High Court has held that the Assessing Officer (AO) cannot rely solely on Sales Tax Department Data for an income tax addition without granting cross-examination.Justices G.S. Kulkarni and Aarti Sathe stated that, "when the VAT assessment was pending adjudication, merely relying on the information of the Sales Tax Department without granting an opportunity to the Assessee...