Bombay High Court Weekly Round-up: December 04, 2023 To December 10, 2023

Nominal Index [Citation 561 - 576]Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd. 2023 LiveLaw (Bom) 561Mataji Educational Institution and Anr. v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 562Sunil Achyutrao Thete v. State of Maharashtra 2023 LiveLaw (Bom) 563Peoples Education Society Thane v. Assistant Commissioner of Income Tax 2023 LiveLaw (Bom) 564Harish B. Bhoite v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 565Ashok Bhikanrao Deshmukh v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 566Aarti Shailesh Shah v. Satish Vasant Dharukkar & Anr. 2023 LiveLaw (Bom) 567Serum Institute of India Private Limited v. Union of India 2023 LiveLaw (Bom) 568Sadanand Gangaram Kadam v. Directorate of Enforcement and Anr. 2023 LiveLaw (Bom) 569TV Patel Pvt. Ltd. v. Dy. Commissioner of Income Tax 2023 LiveLaw (Bom) 570ABC v. XYZ 2023 LiveLaw (Bom) 571Mustansir Barma v. Executive Engineer A ward & Ors. 2023 LiveLaw (Bom) 572Nikhil H Malkan v. Standard Chartered Investment and Loans (India) Ltd. 2023 LiveLaw (Bom) 573M/s. Siddhivinayak Enterprises v. State of Maharashtra and Ors. 2023 LiveLaw (Bom) 574Manisha G. Shah v. State of Maharashtra & Ors. 2023 LiveLaw (Bom) 575Mohammed Farooq Mohamemed Hanif Shaikh @ Farooqe Shaikh v. The Deputy Director & Anr. 2023 LiveLaw (Bom) 576Reports/JudgmentsCourt U/S 37 Of The A&C Act Can't Undertake An Independent Assessment Of Arbitral Award,: Bombay High CourtCase Title: Madgavkar Salvage v. Bergen Offshore Logistics Pvt Ltd.Citation: 2023 LiveLaw (Bom) 561The High Court of Bombay held that under Section 37 of the A&C Act, the challenge must be related to the impugned order passed under Section 34 of the Act and not merely to the arbitral award. It held that it is incumbent upon a party to point out errors in the order under Section 34 to make out a case in appeal under Section 37.The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif. S. Doctor held that the Court while exercising powers under Section 37 of the A&C Act cannot take an independent assessment of the arbitral award, therefore, the challenge must be premised on the errors in the impugned order under Section 34. It held that it is not permissible for a party to challenge an arbitral award de hors any challenge to the impugned order.Teacher Allegedly Working In Two Places With Connivance Of Headmaster No Ground To Appoint Administrator Over School: Bombay High CourtCase Title: Mataji Educational Institution and Anr. v. State of Maharashtra and Ors.Citation: 2023 LiveLaw (Bom) 562The Aurangabad bench of the Bombay High Court set aside a state government order appointing an administrator over an Ashram School in Nanded District on the ground that one of the teachers had secured employment elsewhere with the connivance of the headmaster.A division bench of Justice Mangesh S Patil and Justice Neeraj P Dhote held that the order is unsustainable as the reason for the appointment of the administrator does not fall within the 12 circumstances given in clause 3.2 (Appointment of Administrator) of the Ashram School Code.The court further observed that the Deputy Secretary, Other Backward Bahujan Welfare Department, who issued the order, had no power to appoint an administrator under the Ashram School Code read with section 3 of the Educational Institute Management Act, 1976.Bombay High Court Quashes Corruption Case Against Forest Officer Upon Finding Forest Dept Was Dictated By Law Dept In Sanctioning ProsecutionCase Title: Sunil Achyutrao Thete v. State of MaharashtraCitation: 2023 LiveLaw (Bom) 563The Bombay High Court held that the sanctioning authority for a corruption case cannot exercise its power influenced by the dictation of others.Justice Bharati Dangre quashed a corruption case against a Range Forest Officer (RFO) upon observing that the sanction to prosecute him was invalid as the Forrest Department, while of the clear opinion that he couldn't be prosecuted, granted sanction on the dictate of the Law Department. The court allowed a Criminal Revision Application filed by one Sunil Thete, challenging the charges against him under various sections of the Prevention of Corruption Act. The case involved an alleged bribery incident during a government-contracted road construction project.Bombay High Court Set Aside Reassessment Proceedings Alleging Escapement Of Income On Transfer Of Leasehold RightsCase Title: Peoples Education Society Thane v. Assistant Commissioner of Income TaxCitation: 2023 LiveLaw (Bom) 564The Bombay High Court quashed the reassessment proceedings alleging escapement of income on transfer of leasehold rights.The bench of Justice K.R. Shriram and Justice Neela Gokhale observed that if the amount was already considered in the subsequent AY and the assessment order was also passed, the question of escapement of income for the same amount in the previous AY will not arise as there was no change in the rate of tax.The petitioner/assessee is a charitable trust registered under...

Bombay High Court Weekly Round-up: December 04, 2023 To December 10, 2023

Amisha Shrivastava

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