Citizens Staying Abroad For Uncertain Period Fall Under “Persons Resident Outside India" Under FERA: Bombay High Court

The Bombay High Court has held that when circumstances indicate an Indian citizen intends to stay abroad for an uncertain period, the burden to prove otherwise is on the person whose residence in India is under issue. Dismissing a batch of appeals filed by members of the Shroff family, the Court upheld penalties for violation of FERA provisions related to unauthorized transactions in Indian company shares. A division bench comprising Justices M.S. Sonak and Jitendra Jain ruled that the...

[SARFAESI Act] Incumbent Upon Borrower To Proactively Approach Lender To Avail Benefits Of Revival Or Restructuring: Bombay High Court

The Bombay High Court dismissed a writ petition filed by Manoj Lalwani, Director of Ritu Automobiles Pvt. Ltd., challenging HDFC Bank's recovery proceedings under the SARFAESI Act, terming the plea as an "attempt to stall the auction" of secured assets.The division bench of Justices M.S. Karnik and N.R. Borkar found that the petitioner had no locus to file the petition, as the company was...

Assessee Cannot Be Penalised U/S 271(1)(c) Of Income Tax Act For Merely Raising A Plausible Claim: Bombay High Court

The Bombay High Court stated that the assessee cannot be penalised under Section 271(1) (c) of income tax act for merely raising a plausible claim. The Division Bench consists of Chief Justice Alok Aradhe and Justice Sandeep V. Marne opined that “the claim raised by the Assessee for claiming deduction in respect of the crystalised liability towards additional bonus was a...

Three Bombay High Court Judges Recuse From Hearing HDFC CEO's Plea For Quashing FIR Lodged By Lilavati Hospital

In an interesting turn of events, at least 03 judges of the Bombay High Court have from last one week, have recused from hearing the petition filed by Sashidhar Jagdishan, the CEO of HDFC Bank, who has sought to quash an FIR lodged against him at the behest of Lilavati Kirtilal Mehta Medical Trust.Notably, the complainant Trust runs the famous Lilavati Hospital in Mumbai. In its FIR, the...

'Not Honest Adoption When Essential Features Were Copied': Bombay HC Grants Interim Injunction To Parachute Hair Oil Over Trademark Infringement

The Bombay High Court granted interim relief in favour of Marico Limited, restraining Zee Hygiene Products Pvt. Ltd. and others from using labels, packaging, and bottles that are deceptively similar to the registered trademarks and trade dress of Marico's popular “Parachute,” “Parachute Advanced,” and “Parachute Jasmine” products.Justice Sharmila U. Deshmukh, while allowing...

'Prior Experience Of LLP Partner As Proprietor Can Be Considered As Experience Of LLP': Bombay High Court

The Bombay High Court has held that the experience of a proprietor who becomes a partner in a Limited Liability Partnership (LLP) can be considered for evaluating the LLP's eligibility in a public tender, even in the absence of a notarized business transfer agreement.The division bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne held that the rejection of the petitioner's bid...

Even If Wife Is Earning She Cannot Be Deprived Support From Husband To Maintain Standard Of Living: Bombay High Court

Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, the Bombay High Court held recently. Single-judge Justice Manjusha Deshpande noted that the wife in the instant case, though earning, her income was not sufficient for her own maintenance since she had to...

Benefit Of Cash Compensatory Scheme Cannot Be Denied On Castor Oil Exports Based On Subsequent Test Change: Bombay High Court

The Bombay High Court stated that benefit of cash compensatory scheme benefit cannot be denied on castor oil exports based on subsequent test change. The Division Bench of Justices M.S. Sonak and Jitendra Jain has observed that contracts executed prior to the cutoff day would not be governed by the subsequent change in the scheme granting the benefit. There is no dispute that...

Contractor Cannot Be Denied Payment For Extra Work Approved By Railways Through Their Actions: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that a contractor cannot be denied payment for extra work that, while beyond the original scope of the agreement, was clearly consented to by the other party through its conduct. When such work is accepted, measured, and not objected to contemporaneously, the benefiting party cannot later claim it was beyond the...

Bombay High Court Weekly Round Up: June 16 - June 22, 2025

Nominal Index [Citations: 2025 LiveLaw (Bom) 214 to 2025 LiveLaw (Bom) 230]Chief Executive Officer vs Ganesh Gulabrao Nawale, 2025 LiveLaw (Bom) 214Yamaha Hatsudoki Kabushiki Kaisha vs The Registrar of Trade Marks, 2025 LiveLaw (Bom) 215Bank of India vs Deputy Commissioner of Income Tax, Special Range-15, Mumbai, 2025 LiveLaw (Bom) 216Skytech Rolling Mill Pvt. Ltd. vs Joint Commissioner of...

Bombay High Court Rejects Plea Challenging 2024 Maharashtra Assembly Elections Over Alleged Bogus Voting

The Bombay High Court on Wednesday (June 25) dismissed a petition challenging elections to the Maharashtra Legislative Assembly which were concluded in November last year, over alleged bogus voting.The petition filed by one Chetan Ahire alleged that over 75 lakh votes were polled after the official closing time of polling (6 PM). He also claimed there were several discrepancies in almost...

Bombay High Court Questions Right Of Young Lawyers To Claim Stipend From State Bar Council, Asks Who Will Provide Funds

The Bombay High Court on Wednesday (June 25) questioned if young lawyers had any statutory right to claim stipend from the Bar Council of Maharashtra and Goa.While the bench of Chief Justice Alok Aradhe and Justice Sandeep Marne personally agreed that young lawyers must be given a stipend, even Rs 45,000 in a city like Mumbai, the bench still questioned the legal right based on which such...