Bombay High Court Weekly Roundup: November 21 To November 27, 2022

Nominal Index [Citation 451 – 461] 1. M/s. Sanathan Textile Pvt. Ltd. v. Union of India 2022 LiveLaw (Bom) 451 2. Faizan Wahid Baig v. State of Maharashtra 2022 LiveLaw (Bom) 452 3. Vijay S/o Shankarrao Talewar and Ors. v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 453 4. Sheikhah Fadiah Saad Al-Abdullah Al-Sabah v. Sanjay Mishrimal Punamiya and Ors. 2022 LiveLaw (Bom) 454 5. Julio Ribeiro and Ors. v. Union of India and Ors. 2022 LiveLaw (Bom) 455 6. Prasanna Krishnaji Musale v. Mrs. Neelam Prasanna Musale 2022 LiveLaw (Bom) 456 7. M/s. Renaissance Global Limited v. Union of India & Ors. 2022 LiveLaw (Bom) 457 8. Anjali Vilas Deshpande v. Prabha Rajendra Gupta 2022 LiveLaw (Bom) 458 9. Nuvoco Vistas Corporation Ltd. v. Union of India and Ors. 2022 LiveLaw (Bom) 459 10. Aboil alias Yugandhara w/o Tejpal Patil v. Tejpal S/o Premchand Patil 2022 LiveLaw (Bom) 460 11. Geeta Lunch Home v. State of Maharashtra & Ors. 2022 LiveLaw (Bom) 461 Reports/Judgments 1. Notification Granting IGST Exemption To Capital Goods Imported Under EPCG scheme Is Clarificatory, Curative: Bombay High Court Case title: M/s. Sanathan Textile Pvt. Ltd. v. Union of India Citation: 2022 LiveLaw (Bom) 451 The Bombay High Court held that notification no. 79/2017-Customs dated October 13, 2017, amending notification no. 16/2015-Customs and granting exemption from the IGST to the capital goods imported under the Export Promotion Capital Goods Scheme (EPCG Scheme) is clarifying and curative. The division bench of Justice K.R. Sriram and Justice Arif S. Doctor directed the department to refund in cash the IGST paid on imports of capital goods made during the period 01.07.2017 to 12.10.2017. The court noted that the basic structure of GST was not to grant exemptions, but the GST Council decided to grant exemption from IGST, Cess, etc. under Section 6 of the IGST Act, 2017 read with Section 25 of the Customs Act, 1962, to imports of goods for exporters availing the scheme of advance authorisation/export promotion capital goods or 100% export-oriented units up to March 31, 2018 and to continue the existing monitoring scheme for exports. 2. Though Minor, She Understood Consequences Of Her Act & Voluntarily Accompanied Him: Bombay High Court While Granting Bail To POCSO Accused Case Title: Faizan Wahid Baig v. State of Maharashtra Citation: 2022 LiveLaw (Bom) 452 The Bombay High Court granted bail to a man accused of raping a minor girl observing that the two were in a relationship and the girl, though minor, understood the consequences of her act. The girl was 15 years and 4 months old while the accused was about 21 years old at the time of the alleged incident. "n a case like this, where she voluntarily joined the company of the applicant, and she had categorically admitted that she was in love with the applicant, whether that she consented for the sexual intercourse or not, is the matter of evidence," Justice Bharati Dangre stated in her order. 3. Remove Collars Of Unregistered Stray Dogs: Bombay High Court Directs Nagpur Civic Body, Seeks Compliance Report (livelaw.in) Case Title: Vijay S/o Shankarrao Talewar and Ors. v. State of Maharashtra and Ors. Citation: 2022 LiveLaw (Bom) 453 The Bombay High Court directed the Nagpur Municipal Corporation to check whether any stray dogs in the city have been collared without proper registration and to remove any such unauthorised collars. A division bench of Justice Sunil B. Shukre and Justice M. W. Chandwani of the Nagpur bench gave this direction in a PIL filed by activist Vijay Talewar through advocate Firdos Mirza seeking action with regard to the presence of stray dogs in Nagpur city. The court also asked all the intervenors in the case to submit suggestions regarding the manner "in which the nuisance of stray dogs must be controlled." The court directed the NMC to consider the guidelines prescribed in the revised module for stray dogs management, rabies eradication, reducing man-dog conflict, devised by the Animal Welfare Board of India and consult the Board for the purpose of "elimination" of "nuisance" of stray dogs and taking care of welfare of the dogs. 4. Prima Facie Tenancy Not Forged: Bombay High Court Refuses To Appoint Court Receiver For Prime Mumbai Property In Dispute With Kuwaiti Royalty Case Title: Sheikhah Fadiah Saad Al-Abdullah Al-Sabah v. Sanjay Mishrimal Punamiya and Ors. Citation: 2022 LiveLaw (Bom) 454 The Bombay High Court reiterated that unlike criminal proceedings, in civil proceedings, a court can rely on statements given to the police under section 162 of CrPC. Therefore, it relied on witness statements made before CID in a criminal investigation to decide a property dispute involving the royal family of Kuwait. Justice BP ...

Bombay High Court Weekly Roundup: November 21 To November 27, 2022

Amisha Shrivastava

Tags