Bombay High Court Weekly Round-Up: September 9 - September 15, 2024

Citations: 2024 LiveLaw (Bom) 466 To 2024 LiveLaw (Bom) 477Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw (Bom) 470Narsingrao Udgirkar vs Shivaji Kalge, 2024 LiveLaw (Bom) 471Rahul Lahase vs State of Maharashtra, 2024 LiveLaw (Bom) 472L vs State of Goa, 2024 LiveLaw (Bom) 473Uttam Value Steels Ltd. versus Assistant Commissioner of Income Tax and Ors, 2024 LiveLaw (Bom) 474Mitesh Punmiya vs State of Maharashtra, 2024 LiveLaw (Bom) 475Ramesh Gopnur vs State of Maharashtra, 2024 LiveLaw (Bom) 476Syed Naeemuddin & ors. vs. The State of Maharashtra & anr., 2024 LiveLaw (Bom) 477Judgments/Final Orders: KYC Not Done By Purchasing Party Is Not A New Fact To Reopen Proceedings: Bombay High Court Declines ReassessmentCase Title: Sete Mares Global Forex Private Limited v. Union of IndiaCitation: 2024 LiveLaw (Bom) 466The Bombay High Court quashes reopening notice issued under Section 148 of the Income Tax Act, 1961 while emphasizing that unauthorized transactions are made without requisite KYC of the purchasing party cannot be said to be a fresh fact which has come to light which was not previously disclosed which tends to expose the untruthfulness of the fact.The Division Bench of Justices M.S. Karnik and Valmiki Menezes observed that “Assessing Officer has no power to review; he has the power to reassess. But reassessment has to be based on the fulfilment of certain precondition and if the concept of “change of opinion” is removed, then, in the garb of reopening the assessment, review would take place.”Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High CourtCase Title: Mahesh Motiram Kumbhar vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 467Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai,Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations of constructing a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional Town Planning (MRTP) Act.Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High CourtCase Title: Nandkishor Sahu vs Sanjeevani Patil Citation: 2024 LiveLaw (Bom) 468The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.Single-judge Justice RM Joshi on August 29 quashed the December 2022 order of a Tribunal, which cancelled the 'gift deed' executed by a 73-year-old woman in favour of her elder daughter and husband, thereby, gifting two of her flats in Kolhapur to the elder daughter and husband. It noted that the senior citizen woman had made allegations that her elder daughter and her husband failed to keep their promise of maintaining her and deprived her of the basic physical need and other amenities.Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of PartnersCase Title: Miss XYZ vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 469The Bombay High Court expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale has decided to determine some mechanism to facilitate involvement, accountability and participation of the man or the partner of such women, in these 'testing times.'"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged GirlCase Title: Dilkhush Shrigiriwar vs State of MaharashtraCitation: 2024 LiveLaw (Bom) 470Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped the victim having mental...

Bombay High Court Weekly Round-Up: September 9 - September 15, 2024

Sanjana Dadmi

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