Bombay High Court Weekly Round-Up: September 4 To September 10, 2023

Nominal Index [Citation 409 - 426]Oberoi Mega Entertainment LLP and Anr. v. Sanjay Saha and Ors. 2023 LiveLaw (Bom) 409Ashok Commercial Enterprises v. Assistant Commissioner of Income Taxation 2023 LiveLaw (Bom) 410Deepak Jagdev v. Eknath Shinde and Anr. 2023 LiveLaw (Bom) 411Sachin D. Basare v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 412Ajay Uddhav Narhe & Anr. v. Uttam Patil, Deputy Collector (Rehabilitation) & Ors. 2023 LiveLaw (Bom) 413Darshana Anand Damle v. DCIT 2023 LiveLaw (Bom) 414Shreeji Realty v. Brihanmumbai Municipal Corporation and Ors. 2023 LiveLaw (Bom) 415ABC v. XYZ 2023 LiveLaw (Bom) 416ABC v. XYZ 2023 LiveLaw (Bom) 417Rajendrakumar Vishwanath Trivedi v. Union of India & Ors. 2023 LiveLaw (Bom) 418Chanda Ram Shivsharan v. State of Maharashtra 2023 LiveLaw (Bom) 419Nisargadeep Shikshan Prasarak Mandal v. State of Maharashtra 2023 LiveLaw (Bom) 420Zee Entertainment Enterprises Limited v. Triller Inc. 2023 LiveLaw (Bom) 421Rashmi Shukla v. State of Maharashtra 2023 LiveLaw (Bom) 422Ravindra Waikar v. State of Maharashtra 2023 LiveLaw (Bom) 423Sonali Ashok Tandle v. Ranka Lifestyle Ventures and Ors. 2023 LiveLaw (Bom) 424Grasim Industries Ltd. v. Assistant Commissioner of Income Tax 2023 LiveLaw (Bom) 425Siemens Financial Services Pvt Ltd. v. Deputy Commissioner of Income Tax 2023 LiveLaw (Bom) 426Reports/JudgmentsBombay High Court Refuses To Stay Nawazuddin Siddiqui Starrer HADDI's OTT Release On Plea By Vivek OberoiCase Title: Oberoi Mega Entertainment LLP and Anr. v. Sanjay Saha and Ors.Citation: 2023 LiveLaw (Bom) 409The Bombay High Court refused relief to actor-producer Vivek Oberoi seeking to stall the release of Nawazuddin Siddiqui starrer ‘Haddi.’ The movie will hit OTT screens on Thursday.Justice Manish Pitale deprecated the petitioners for failing to approach the court earlier.“As on today, this Court finds that the petitioners waited all along and when the movie was declared to be released on 07.09.2023 on the OTT platform of respondent Nos.4 and 5 (ZEE), they rushed to this Court seeking ad-interim relief for stay of release of the said movie.”Write-Off Of A Bad Debt Can’t Be Held To Be An Asset Under Section 153A(1) Of The Income Tax Act, 1961: Bombay High CourtCase Title: Ashok Commercial Enterprises v. Assistant Commissioner of Income TaxationCitation: 2023 LiveLaw (Bom) 410The Bombay High Court held that a write-off of a bad debt cannot be held to be an asset under section 153A(1) of the Income Tax Act, 1961.The bench of Justice K. R. Shriram and Justice Firdosh P. Pooniwalla has observed that since the write-off of bad debt cannot be held to be an asset, clause (a) of the 4th proviso to Section 153A(1) of the Act would bar any assessment that is proposed to be made for the Assessment Years 2011-2012, 2012-2013 and 2013-2014.After Lawyer's No Show, Bombay High Court Dismisses PIL Seeking Probe Into Source Of Funds Used By CM Eknath Shinde In 2022 Dusshera RallyCase Title: Deepak Jagdev v. Eknath Shinde and Anr.Citation: 2023 LiveLaw (Bom) 411The Bombay High Court dismissed a PIL seeking probe against Chief Minister Eknath Shinde and others for allegedly spending "Rs. 10 crore or more" for holding Dussehra rally at the MMRDA grounds.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor dismissed the PIL after the petitioner’s advocate Nitin Satpute failed to appear before the court on three occasions, including today.Frame Policy To Regulate Celebration Of Festivals As Per Capacity Of Mumbai’s Public Spaces: Bombay High Court Urges StateCase Title: Sachin D. Basare v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 412The Bombay High Court asked the Maharashtra government to frame a comprehensive policy for public celebration of festivals in Mumbai taking into account the city's increasing population and the limited capacity of its public spaces.A division bench of Justice Sunil B Shukre and Justice Firdosh P Pooniwalla opined that the current policy does not adequately consider the potential inconveniences and traffic congestion arising from public celebrations in Mumbai's streets and squares. Bombay High Court Drops Contempt Proceedings After 5 State Govt Officers Tender Unconditional ApologyCase Title: Ajay Uddhav Narhe & Anr. v. Uttam Patil, Deputy Collector (Rehabilitation) & Ors.Citation: 2023 LiveLaw (Bom) 413The Bombay High Court dropped contempt proceedings against five state government officers after they tendered unconditional apologies to the court for not following its orders.A division bench of Justice GS Kulkarni and Justice Jitendra Jain observed,“considering the fact that the contemnors are Government officials and that their apology as tendered to the Court as informed to us is bonafide, heartfelt and real contrition, we accept such unconditional apology and the assurance as given by the contemnors, as an undertaking to the Court.”Development Agreement Not To Be Treated As Transfer Of Possession Of Land: Bombay High...

Bombay High Court Weekly Round-Up: September 4 To September 10, 2023

Amisha Shrivastava

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