Bombay High Court Weekly Round-Up: October 21- October 27, 2024

Citations 2024 LiveLaw (Bom) 543 to 2024 LiveLaw (Bom) 558Nominal Index:Maniyar Hasina vs Election Commission of India, 2024 LiveLaw (Bom) 543Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd. , 2024 LiveLaw (Bom) 544Sachin Waze v State, 2024 LiveLaw (Bom) 545National Leasing Limited versus The Assistant Commissioner of Income, 2024 LiveLaw (Bom) 546Chhota Rajan vs. State, 2024 LiveLaw (Bom) 547Nagpur Improvement Trust vs. Jain Kalar Samaj, 2024 LiveLaw (Bom) 548The Commissioner of Income Tax versus Dr. Kasliwal Medical Care & Research Foundation, 2024 LiveLaw (Bom) 549M/s. Duro Shox Pvt. Ltd. v. The State of Maharashtra and Anr. , 2024 LiveLaw (Bom) 550Arunkumar Devnath Singh vs State of Maharashtra, 2024 LiveLaw (Bom) 551Manjeet Kaur vs Bar Council of Maharashtra & Goa, 2024 LiveLaw (Bom) 552Girnar Food & Beverages Pvt. Ltd. vs.TNI Plastics, 2024 LiveLaw (Bom) 553Digambar Agawane vs State, 2024 LiveLaw (Bom) 554Avenues Seasons Properties Llp Vs. Nissa Hoosain Nensey & Ors. , 2024 LiveLaw (Bom) 555M/s. J.W. Marriott Juhu vs. Nilesh Kanojia & Anr. , 2024 LiveLaw (Bom) 556Aiyaz Mohammad vs. Mahindra and Mahindra Ltd. , 2024 LiveLaw (Bom) 557The State of Maharashtra, through Directorate of Medical Education and Research & anr Versus Smt. Sunita Shankarrao Vhatkar & Ors., 2024 LiveLaw (Bom) 558Judgments/Final Orders:Teachers Will Be Called For Poll Duty During Diwali Vacations; On Poll Day And Day Before Polls: ECI Tells Bombay High CourtCase Title: Maniyar Hasina vs Election Commission of India Citation: 2024 LiveLaw (Bom) 543The Bombay High Court on Monday disposed of a petition filed by the parents of school students, who challenged the 'full time' poll duties for teachers amid exams, arguing that it 'violates the right to education' of their children.Non-Compete Clause Is Invalid Post-Termination Of Contract As It Results In Restraint Of Trade: Bombay High Court Sets Aside InjunctionCase Title: Indus Power Tech Inc. v. M/s. Echjay Industries Pvt. Ltd.Citation: 2024 LiveLaw (Bom) 544The Bombay High Court Bench of Justice A.S. Chandurkar and Justice Rajesh S. Patil has held that though a non-compete clause can operate validly during the term of the agreement. But it would not be valid post-termination of the agreement as it would result in restraint of trade prohibited by Section 27 of the Indian Contract Act, 1872.Bombay High Court Grants Bail To Sachin Waze In Corruption Case Related To Anil DeshmukhCase title: Sachin Waze v State Citation: 2024 LiveLaw (Bom) 545The Bombay High Court granted bail to dismissed controversial cop Sachin Waze, who was arrested in the 'corruption' case related to former Home Minister and senior NCP (SP) leader Anil Deshmukh.A division bench of Justices Mahesh Sonak and Jitendra Jain ordered Waze's release subject to the conditions that will be imposed on him by the special anti-corruption court in Mumbai.Bombay HC Holds 'Income From Leasing Of Property' As 'Income From Business', Says Deciding Factor Is Not Ownership But Nature Of ActivityCase Title: National Leasing Limited versus The Assistant Commissioner of IncomeCitation: 2024 LiveLaw (Bom) 546The Bombay High Court held that assessee had correctly accounted income from leasing out of properties under the head 'income from profits & gains of businesses', and not as 'income from house property'.The Justice G. S. Kulkarni and Justice Firdosh P. Pooniwalla also after finding that income of assessee is derived from letting out of the properties, which in fact, is the principal business of the assessee as seen from its main objectives contained in its memorandum of association.Bombay High Court Grants Bail To Chhota Rajan In Hotelier Murder Case, Suspends Life SentenceCase Title: Chhota Rajan vs. State Citation: 2024 LiveLaw (Bom) 547The Bombay High Court has granted bail to gangster Chhota Rajan, who was convicted for the murder of hotelier Jaya Shetty in 2001.On May 30, 2024, a special MCOCA Court convicted Rajan along with others and sentenced him to life imprisonment.Nagpur Improvement Trust Asking To Vacate Land In 30 Days 'Waives' 2 Month Notice Allottee Has To Give Before Filing Lawsuit: Bombay HCCase title: Nagpur Improvement Trust vs. Jain Kalar SamajCitation: 2024 LiveLaw (Bom) 548In a case concerning the interpretation of Section 115 of Nagpur Improvement Trust (NIT) Act wherein a person can sue the authority only after two months from the expiry of his notice to the authority, the Nagpur Bench of the Bombay High Court said that NIT's conduct in asking a party to vacate a land in 30 days in turn amounted to a waiver of Section 115's mandate.After referring to various pronouncements on the principle of waiver, a division bench of Justice Urmila Joshi Phalke and Justice M.W Chandwani said, “Therefore, issuing a Notice mentioning a lesser period than mentioned in Section 115 of the NIT Act and depriving the other party to approach the Civil Courts and depriving him from asserting his right under the common law by...

Bombay High Court Weekly Round-Up: October 21- October 27, 2024

Sanjana Dadmi

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