Bombay High Court Weekly Round-Up: August 07, 2023 To August 13, 2023

Nominal Index [Citation 363 - 371]Coventry Estates Pvt. Ltd. v. Joint Commissioner CGST and Central Excise 2023 LiveLaw (Bom) 363Vinayak Ukharam Chavhan v. Divisional Joint Registrar and Ors. 2023 LiveLaw (Bom) 364Marathwada Legal and General Education Society, Aurangabad v. Dr. Babasaheb Ambedkar Marathwada University, Aurangabad and Ors. 2023 LiveLaw (Bom) 365Shiney Suraj Ahuja v. State of Maha & others 2023 LiveLaw (Bom) 366Ruju R. Thakker v. State of Maharashtra 2023 LiveLaw (Bom) 367Mahaveer Realities & Ors. v. Shirish J. Shah 2023 LiveLaw (Bom) 368Cummins India Limited v. ACIT 2023 LiveLaw (Bom) 369ABC v. XYZ 2023 LiveLaw (Bom) 370Kalpataru Power Transmission Ltd. v. State of Maharashtra 2023 LiveLaw (Bom) 371Reports/JudgmentsShifting Of Commissionerates, Re-Organisation Of Office, Not A Valid Justification For Inordinate Delay In SCN Adjudication: Bombay High CourtCase Title: Coventry Estates Pvt. Ltd. v. Joint Commissioner CGST and Central ExciseCitation: 2023 LiveLaw (Bom) 363The Bombay High Court has held that the belated hearing of the show cause notice would amount to a violation of the principles of natural justice."Merely for the reason that there was shifting of the Commissionerates and reorganisation of its office, there would be no reason to abdicate and/or not comply with the obligations under the Act to promptly and/or expeditiously adjudicate the show cause notice, to be taken to its logical conclusion," the bench of Justice G.S. Kulkarni and Justice Jitendra Jain observed.The petitioner/assessee was engaged in the construction of a residential complex. The petitioner is a construction contractor undertaking work in the SEZ. It received a refundable deposit.Registrar Cannot Dissolve Cooperative Society's Management Committee Based On Unaccepted Resignations: Bombay High CourtCase Title: Vinayak Ukharam Chavhan v. Divisional Joint Registrar and Ors.Citation: 2023 LiveLaw (Bom) 364The Bombay High Court held that Registrar (Co-operative Societies) cannot dissolve the board of directors of a society on account of half of the members of the committee resigning before the society has accepted the resignations.Justice Kishore C Sant of the Aurangabad bench in a writ petition quashed Registrar’s order dissolving the board of directors of a cooperative society whose six out of 12 members resigned at once, observing that the resignations hadn’t been accepted by the society.No Reservation To Post Of College Principal: Bombay High Court Paves Way For Recruitment Of Principal At Law College In AurangabadCase Title: Marathwada Legal and General Education Society, Aurangabad v. Dr. Babasaheb Ambedkar Marathwada University, Aurangabad and Ors.Citation: 2023 LiveLaw (Bom) 365The Bombay High Court reiterated that no reservation mandated by the Maharashtra Educational Institutions (Reservation in Teachers’ Cadre) Act, 2021 (Act of 2021) is applicable to the post of principal in colleges.A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme sitting at Aurangabad held that a Government Resolution dated September 23, 2016, excluding the post of principal from reservation prevails over the Maharashtra Public Universities Act, 2016, that provides for reservation for teachers.Bombay High Court Directs Passport Authority To Consider Renewing Shiney Ahuja's Passport For 10 Yrs Pending Appeal Against Rape ConvictionCase Title: Shiney Suraj Ahuja v. State of Maha & othersCitation: 2023 LiveLaw (Bom) 366The Bombay High Court directed the Passport Authority of India not to withhold the renewal of actor and rape convict Shiney Ahuja’s passport on grounds of his pending appeal in High Court.Justice Amit Borkar observed, “Considering the fact that during pendency of present appeal passport was renewed on more than six occasions and there is no violation of bail conditions, the applicant has made out a case for direction to the passport authority to renew the applicant’s passport, provided he is otherwise liable for renewal of passport for ten years.”"Are Five Years Not Enough To Remove Potholes?": Bombay High Court Summons Six Municipal Commissioners In Contempt PleaCase Title: Ruju R. Thakker v. State of MaharashtraCitation: 2023 LiveLaw (Bom) 367The Bombay High Court summoned six Municipal Commissioners of the Mumbai Metropolitan Region to explain the poor condition of roads and open manholes.The Municipal Commissioners include BMC, Kalyan Dombivali Municipal Corporation, Mira Bhayander Municipal Corporation, Vasai Virar Municipal Corporation, Navi Mumbai Municipal Corporation and Thane Municipal Corporation. The secretary of MMRDA has also been asked to remain present.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Arif Doctor was livid after learning about frequent accidents even five years after High Court's speaking order on the issue.The court was hearing a contempt petition filed by Advocate Ruju Thakkar on the dismal condition of roads.Time Limit For Passing...

Bombay High Court Weekly Round-Up: August 07, 2023 To August 13, 2023

Amisha Shrivastava

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