Senior Citizens Act Cannot Be Used As Tool For Summary Eviction: Bombay High Court Quashes Eviction Of Son

The Bombay High Court on Monday (December 8) held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a beneficial act which is meant for safeguarding the rights of the vulnerable senior citizens and that it cannot be misused (by the senior citizens) as a tool for seeking eviction of their children without following the law. A division bench of Justices Riyaz Chagla and Farhan Dubash set aside order passed by a Tribunal and the Appellate Tribunal, both of which evicted a...

Bombay High Court Bars Singer Alok Kumar From Monetising Ten Rao & Sapru Songs, Orders Takedown Of Uploaded Tracks

The Bombay High Court has restrained singer-composer Alok Kumar from releasing, performing or monetising ten songs that Rao & Sapru Films Pvt. Ltd. says were created for the company under a series of agreements.The court also ordered Kumar to take down the songs he uploaded online and to hand over all master recordings and related material to the production house. In an order passed...

Revenue Cannot Adjudicate Decade-Old SCNs On NPV Sales Tax Retention: Bombay High Court

The Bombay High Court at Goa has set aside two show cause notices issued to a manufacturer seeking to levy central excise duty on the differential amount of sales tax/VAT retained by it under a Net Present Value (NPV) incentive scheme, holding that the Revenue cannot be permitted to adjudicate stale notices after an unexplained and inordinate delay. A Division Bench of Justice...

S. 35 BNSS | Arrest Is An 'Individualized Act'; Distinct Reasons Backed By Material Mandatory For Each Co-Accused : Bombay HC

In a significant observation, the Bombay High Court has ruled that arrest is an 'individualized' act and therefore, the investigating agencies cannot justify the arrest of multiple suspects using 'collective' or 'group-based' reasons. Interpreting the mandate of Section 35 BNSS, the Court held that reasons for arrest cannot be a "mechanical reproduction" of statutory clauses; instead, they...

Interpreting Property's 'Built-Up Area Wall-To-Wall' As Carpet Area Is Commercially Sound: Bombay High Court

The Bombay High Court has dismissed a petition under section 34 Arbitration and Conciliation Act, 1996 (Arbitration Act) filed by the Developer-partners of Lukhi Associates challenging a 2020 arbitral award arising out of disputes under a 2010 Development Agreement with the Saini family. Justice Somasekhar Sundaresan upheld the award, holding that “what the Learned Arbitral Tribunal...

Catching Hold Of Child's Hand & Offering Money For Sexual Favours Amounts To 'Sexual Assault' Under POCSO Act : Bombay High Court

The Bombay High Court (Nagpur Bench) has held that the act of catching hold of a minor girl's hand, when accompanied by an offer of money in exchange of sexual favours, squarely falls within the definition of 'Sexual Assault' under Section 7 POCSO Act which is punishable under Section 8. A bench of Justice Nivedita P Mehta thus dismissed an appeal filed by a 25-year-old man...

Bombay High Court Rejects Suit Filed By Lilavati Kirtilal Mehta Medical Trust Against Trustee, Says Consent Of Charity Commissioner Needed

The Bombay High Court has held that where a suit is instituted by a public trust for recovery of compensation or other reliefs against an erstwhile trustee in respect of trust property, such suit must comply with Sections 50 and 51 of the Maharashtra Public Trusts Act, 1950, and cannot be instituted without first obtaining the written consent of the Charity Commissioner. The Court held that...

Bombay Sales Tax Act | High Court Says Canned Pineapple Slices Cannot Be Classified As 'Fresh Fruits', Denies Tax Exemption

In a significant ruling on product classification under the Bombay Sales Tax Act, 1959, the Bombay High Court has held that canned pineapple slices, pineapple tidbits and fruit cocktail preserved in sugar syrup cannot be treated as “fresh fruits” for the purpose of Entry A-23 of the Schedule to the Act. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna answered...

Limitation For ITAT Rectification Runs From Date Of Receipt Of Order, Not Date Of It's Passing: Bombay High Court

The Bombay High Court has held that the limitation period for filing a rectification application under Section 254(2) of the Income Tax Act begins when the assessee receives the ITAT order, and not merely from the date on which the order is passed. The Court ruled that the Income Tax Appellate Tribunal (ITAT) had completely misdirected itself in rejecting a rectification plea by Accost...

Maharashtra Cooperative Societies Act | Authorised Officer Becomes Functus Officio Once Replaced By Competent Authority: High Court

The Bombay High Court held that an authorised officer under Section 88 of the Maharashtra Cooperative Societies Act, 1960, becomes functus officio the moment a competent authority replaces him, irrespective of whether the officer had personal knowledge of the substitution. The Court observed that administrative orders take legal effect when issued by the competent authority, not when they...

Complete Violation During Bhajans, Azans & Club Events : High Court Registers Suo Motu PIL On Recurring Noise Pollution In Nagpur

The Bombay High Court (Nagpur Bench) recently took Suo Moto cognizance of the 'recurring' issue of noise pollution in Nagpur city and explicitly named prominent clubs, temples and Dargahs adding that activities like 'bhajans', 'azans' and various celebrations and events are conducted in violation of the law. A bench of Justice Anil L Pansare and Justice Raj D Wakode said that state...

Nescafé Premix Is 'Instant Coffee', Attracts Lower Sales Tax Rate: Bombay High Court

The Bombay High Court in a matter concerning classification of Nescafé Premix and if it was exigible to sales tax at the rate of 8% or 16%, has held that a premix resulting in 'Coffee and Instant drinks' would be classifiable as such, attracting lower rate of tax. (8% not 16%). In a judgment dated November 27, 2025 the Bench comprising Justice M.S. Sonak and Justice Advait...