Bombay High Court Weekly Round-Up: October 28 - November 03, 2024

Citations 2024 LiveLaw (Bom) 559 to 2024 LiveLaw (Bom) 572Nominal Index:M/s BK Polimex India Private Limited vs Union of India, 2024 LiveLaw (Bom) 559 Deepak Deshmukh vs Directorate of Enforcement, 2024 LiveLaw (Bom) 560Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.,2024 LiveLaw (Bom) 561Andreas Stihl Private Limited versus The Joint Commissioner of State Tax & ors, 2024 LiveLaw (Bom) 562Rohan Borse vs. State, 2024 LiveLaw (Bom) 563Nainesh Panchal vs State of Maharashtra, 2024 LiveLaw (Bom) 564Balaji Puyad vs State of Maharashtra, 2024 LiveLaw (Bom) 565Shishuvihar Shaishanik Sanstha & anr. vs. State of Maharashtra & ors. , 2024 LiveLaw (Bom) 566Air India Charters Ltd vs. Tanja Glusica & ors., 2024 LiveLaw (Bom) 567Sharad vs. The Chief General Manager, Telecom (R.E.) Project & anr., 2024 LiveLaw (Bom) 568M/s. Tata Steel Ltd vs. Maharashtra Shramjivi General Kamgar Union & anr., 2024 LiveLaw (Bom) 569Suruchi Rajendra Gurjar vs. Board of Trustees of the Mumbai Port Authority & anr., 2024 LiveLaw (Bom) 570Doctor vs State of Maharashtra, 2024 LiveLaw (Bom) 571Vijayamala Tanaji Ghuge & Ors. v. The State of Maharashtra & Ors., 2024 LiveLaw (Bom) 572Judgments/Final orders: Every Nude Painting Or Depiction Of Sexual Intercourse Poses Is Not Obscenity: Bombay High Court Slams Customs For Confiscating PaintingsCase Title: M/s BK Polimex India Private Limited vs Union of IndiaCitation: 2024 LiveLaw (Bom) 559 The Bombay High Court recently while ordering the release of the paintings of renowned artists Francis Newton Souza and Akbar Padamsee, held that every nude painting or painting depicting some sexual intercourses poses cannot be styled as obscene.A division bench of Justices Mahesh Sonak and Jitendra Jain noted that the decision of the Assistant Customs Commissioner (ACC) in Mumbai, was 'obsessed with his notions of obscenity' and thus he confiscated and directed the destruction of the artworks by Souza and Padamsee.ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA CaseCase Title: Deepak Deshmukh vs Directorate of EnforcementCitation: 2024 LiveLaw (Bom) 560The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way back eighty years ago (in 2016) in which he was neither named nor chargesheeted. Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HCCase title: Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.Citation: 2024 LiveLaw (Bom) 561Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can justify termination retrospectively in court proceedings.Outstanding Demand Under Maharashtra Settlement Can't Be Adjusted Against Refund Payable Under Maharashtra VAT Act: High CourtCase Title: Andreas Stihl Private Limited versus The Joint Commissioner of State Tax & orsCitation: 2024 LiveLaw (Bom) 562The Bombay High Court held that authorities under MVAT Act while exercising powers under Maharashtra Settlement of Arrears of Taxes, Interest, Penalties or Late Fees Act, 2022, cannot invoke provisions of Section 50 of MVAT and that too in review proceedings under Settlement Act.The Division Bench of Justice M. S. Sonak and Justice Jitendra Jain observed that there is no provision under Settlement Act which provides for calculation of outstanding arrears of a particular year to be arrived at after adjustment of refund for another year more so in a case where there is no such adjustment of refund order on date of application or on date of settlement order u/s 13 of Settlement Act.Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept ResignationCase title: Rohan Borse vs. State Citation: 2024 LiveLaw (Bom) 563The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District Civil Hospital at Nasik.Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying SupplierCase Title: Nainesh Panchal vs State of MaharashtraCitation: 2024 LiveLaw...

Bombay High Court Weekly Round-Up: October 28 - November 03, 2024

Sanjana Dadmi

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