Bombay High Court
Bombay High Court Weekly Round-up: April 22 - April 28, 2024
Nominal Index [Citation 221 - 234]Telex Advertising Pvt Ltd v. Central Railway 2024 LiveLaw (Bom) 221Glencore India Pvt Ltd v. Amma Lines Limited 2024 LiveLaw (Bom) 222Mahendra Bansilal Patil v. Commissioner of Transport & Ors. 2024 LiveLaw (Bom) 223PCIT v. Tata Steel 2024 LiveLaw (Bom) 224Sham v. Walve 2024 LiveLaw (Bom) 225Aniruddha Ganesh Pathak v. Registrar General, Bombay High Court...
Income Tax Authority Should Refrain From Over Analysis Which Leads To Paralysis Of Justice: Bombay High Court
The Bombay High Court, while setting aside the order of the Income Tax Appellate Tribunal (ITAT), held that the authority should refrain from overanalyzing, which leads to paralysis of justice.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that the ITAT failed to appreciate the spirit in which the order dated August 23, 2022, was passed by the High Court condoning the delay by observing that the Income Tax Authority should consider the claim for deduction under Section...
Bombay HC Upholds Removal Of Judge Accused Of Bribery In POCSO Case, Says Punishment Must Uphold Court's Dignity & Instil Faith In Litigants
The Bombay High Court recently upheld the removal of a Judicial Officer accused of taking a bribe to acquit an accused under the POCSO Act observing that writ courts need not grant relief to a Judicial Officer whose conduct is likely to affect the image of the judiciary. A division bench of Justice AS Chandurkar and Justice Jitendra Jain dismissed a writ petition filed by one Pradeep Hiraman Kale challenging his removal.“It is a universally accepted norm that Judges and Judicial Officers must...
Individuals Involved In Manual Work Are Considered Workmen Under ID Act, In Absence Of Direct Oversight Over Subordinates In Supervisory Role: Bombay High Court
The Bombay High Court single bench of Justice Amit Borkar held that employees predominantly engaged in manual, skilled, and unskilled work, in absence of sufficient evidence of direct oversight of subordinate employees, qualify as 'workmen' under Section 2(s) of the ID Act. Brief Facts: The Management, an engineering company, was involved in manufacturing various products,...
Sanctioning Authority Has To Be PCCIT For Issuing Reopening Notice After Expiry Of Three Years: Bombay High Court
The Bombay High Court has held that the sanctioning authority has to be the Principal Chief Commissioner of Income Tax (PCCIT) for issuing a reopening notice after the expiry of three years.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that, as per the order and the notice, the authority that has accorded the sanction is the PCIT-27, Mumbai. The matter pertains...
No Order Be Passed Without Examining Lawfulness Of 'Minutes Of Order' Filed By Advocates : Supreme Court To Bombay High Court
The Supreme Court, in a recent judgment, commented about the peculiar practice of advocates filing "Minutes of Order" in the Bombay High Court. "Minutes of Order" are notes filed by advocates on both sides which mention the points which are to be included in the judgment to be passed by the Court.While this practice is to assist the judges, the Supreme Court cautioned that care should be taken...
Arrest Cannot Be Used To Inflict De-Facto Death Penalty: Jet Airways Founder Naresh Goyal Approaches Bombay High Court For Bail In Money Laundering Case
Jet Airways founder Naresh Goyal has approached the Bombay High Court seeking bail in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank. Justice NJ Jamadar sought the response of the Enforcement Directorate (ED) and scheduled the matter for hearing on May 3, 2024, while Goyal will remain in the hospital, under...
Words Fall Short To Describe Impact Of Ordeal On Victim: Bombay High Court Denies Bail To Neighbour Accused Of Sexually Abusing Child For Nine Yrs
The Bombay High Court on Monday denied bail to a man accused of continuously sexually abusing a child over a period of nine years observing that his “horrible, appalling and obnoxious” crime caused so much trauma to the child that she has become a nymphomaniac.In his order, Justice Prithviraj K Chavan reproduced verbatim 27 handwritten pages in the victim's notebook narrating repeated...
Reassessment Can't Be Based On Reasons Borrowed From Other Dept. Or Justice M.B. Shah Commission Report: Bombay High Court
The Bombay High Court has held that the reasons for reopening clearly show that the assessing officer, except borrowing the information from the third report of the Justice M.B. Shah Commission, failed to record independently to his own satisfaction any reason so as to direct the reopening of the assessment. The bench of Justice Bharat P. Deshpande and Justice Valmiki Menezes did not see...
Ensure Effective Implementation Of Law Against Manual Scavenging: Bombay High Court To State
The Bombay High Court recently called for information from the Municipal Corporations of Greater Mumbai, Thane, Kalyan-Dombivali, and Mira-Bhayander on steps taken for effective implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. These Municipal Corporations have to furnish the information in the first phase of gathering information from...
"Strong-Arm Tactics": Bombay High Court Says Public Sector Banks Can't Request Look Out Circulars Against Defaulters, Quashes LOCs
The Bombay High Court recently observed that Look Out Circulars (LOCs) issued by Ministry of Home Affairs (MHA) against loan defaulters at the behest of public sector banks (PSBs) are strong-arm tactics to circumvent legal processes and violate Articles 14 and 21 of the Constitution.“The LOCs boil down to nothing but a strong-arm tactic to bypass or leapfrog what PSBs clearly see...
'Sordid State Of Affairs': Bombay High Court Orders SP To Personally Look Into Rape Probe After Noting IO May Have Ulterior Intentions
The Bombay High Court recently ordered the Superintendent of Police, Jalgaon to personally look into an investigation into a rape case after noting that the investigating officer (IO) may have some ulterior intentions considering his unresponsiveness.A division bench of Justice Mangesh S Patil and Justice Shailesh P Brahme noted that despite promptly reporting to the police, the offence...