Bombay High Court Weekly Roundup: January 31 To February 6, 2022

1. S 45 PMLA: Twin Conditions for Bail That We're Declared Unconstitutional By SC Stand Revived by 2018 Amendment Act - Bombay High Court Case Title: Ajay Kumar v Directorate of Enforcement Citation: 2022 LiveLaw (Bom) 27 The Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 which were declared unconstitutional by the judgment of the Apex Court in Nikesh T.Shah Vs. Union of India (2018) 11 SCC 1, stand revived in view of the Legislative intervention vide Amendment Act 13 of 2018. In doing so, the division bench has departed from the view earlier expressed by a single bench of the Bombay High Court in Sameer M. Bhujbal Vs. Assistant Director, Directorate of Enforcement. 2. Loss of Ability to Perform Work Undertaken By Workman Prior to Accident Qualifies as 100% Loss Of Earning Capacity : Bombay HC Case Title: Reliance General Insurance Co Ltd v Keshar Gopal Singh Thakur Citation: 2022 LiveLaw (Bom) 28 The Bombay High Court reiterated that the work that a victim was performing before the accident has relevance to the determination of the question as to whether he is permanently incapacitated to perform the work. The Court observed that the distinction between physical disability and functional disability has to be kept in mind while determining whether the applicant has suffered 100% loss of income. 3. Sabka Vishwas Scheme - Enquiry Initiated After Deadline Will Not Bar Filing Of Voluntary Disclosure :Bombay HC Case Title: UCC Infrastructure Pvt. Ltd. v. Union of India Citation: 2022 LiveLaw (Bom) 29 The Bombay High Court ruled that initiation of investigation by the Goods and Services Tax authorities after June 30, 2019 – deadline for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) – cannot be a bar for the authorities to consider a declaration filed by a party under the SVLDR scheme. Navi Mumbai based UCC Infrastructure Pvt. Ltd, had on September 9, 2019, filed an Electronic Declaration form under SVLDRS-1 on the website of Central Board of Excise and Customs website under 'voluntary category' which was rejected on the ground that investigation against the petitioner had been initiated before they opted for the said scheme. Important Updates 1. 'Shocking': Bombay HC Takes Suo Motu Cognisance Of Dangerous Boat & Forest Journey For Young Girls Of Maharashtra Village To Reach School The Bombay High Court took suo motu cognisance of a "shocking" news report about the pitiable conditions in which young girls from a village in Satara District in Maharashtra are forced to take the arduous journey to school, in a boat and then through a dense forest. "..the laudable moto 'beti bachao, beti padhao' can be achieved only by providing a safe passage and a friendly atmosphere and environment for the girl children by the State," the bench of Justices Prasanna Varale and Anil Kilor observed and directed the High Court Registry to place the matter before the appropriate bench. 2. "Irresponsible Social Media Use Rampant" - Mumbai Court Directs Clubhouse App Case Accused to Undergo Counselling Case Title: Yash Sanjay Kumar vs the State of Maharashtra Observing that irresponsible use of social media is rampant among youngsters, a Metropolitan Magistrate's court directed law student Yash Kumar, accused in the Clubhouse App Case, to undergo counselling for appropriate general and social media behaviour. "…Irresponsible use of social media is rampant. People and particularly the young generation in their teens [are] ignoring etiquettes and mannerism insulting every member of society and every corner of social life, including religion, race, gender, etc." Metropolitan Magistrate Komal Singh Rajput observed in the order granting him bail. 3. Mumbai Court Summons West Bengal MP Mamta Banerjee in Complaint About Insult to National Anthem Case Title: Vivekanand Gupta vs State of Maharashtra A Metropolitan Magistrates Court in Mumbai issued process and summoned Chief Minister of West Bengal Mamata Banerjee to appear before it on a complaint filed by the BJP Secretary Mumbai for allegedly insulting the National Anthem. The complaint pertains to an event Banerjee attended at an auditorium in Cuffe Parade during her visit to Mumbai on December 1, 2020. It alleged that while still seated, Banerjee began singing the National Anthem. She then stood up, sang a few more lines, and abruptly left the dais in contravention of Section 3 of the Prevention of Insults to National Honour Act 1971, the complaint alleged. 4. Death Due To Alleged Side Effects Of Covid Vaccine: Doctor's Father Files Plea In Bombay HC, Seeks Rs 1,000 Crore Compensation A petition in the Bombay High Court filed by the father of a medical student seeks Rs 1,000 crore compensation alleging that his daughter died due to side effects of the...

Bombay High Court Weekly Roundup: January 31 To February 6, 2022

Sharmeen Hakim

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