Bombay High Court Questions Jain Community's Right To Seek Week-Long Ban On Slaughterhouses During Paryushana

The Jain Community told the Bombay High Court on Wednesday (August 20) that it was easier to convince Mughal Emperor Akbar to close down slaughter houses during Paryushan Parva however it is very difficult to convince the State Government and the Brihanmumbai Municipal Corporation (BMC) to do the same.A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne issued notice on a plea challenging BMC Commissioner's order closing slaughterhouses for only two days during Paryushan Parva...

Supreme Court Collegium Recommends 14 Advocates For Elevation As Judges Of Bombay High Court

The Supreme Court Collegium on Tuesday recommended names of 14 advocates for elevation as additional judges of the Bombay High Court.As per the resolution, a total of 14 advocates, including 1 woman have been recommended.Following are the advocates:Nandesh Shankarrao Deshpande,Amit Satyavan Jamsandekar,Ashish Sahadev Chavan,Vaishali Nimbajirao Patil-Jadhav,Abasaheb Dharmaji Shinde, Farhan Parvez Dubash,Siddheshwar Sundarrao Thombre, Mehroz Ashraf Khan Pathan,Ranjitsinha Raja Bhonsale,Sandesh...

Bombay High Court Upholds Election Of BJP MLA Captain Tamil Selvan

The Bombay High Court on Monday (August 18) dismissed a petition challenging the election of Bharatiya Janata Party (BJP) Member of Legislative Assembly (MLA) Captain R Tamil Selvan to the Maharashtra Assembly from the Sion-Koliwada constituency.Single-judge Justice Milind Jadhav dismissed Congress candidate Ganesh Kumar Yadav's election petition for failing to establish how Selvan resorted...

'Non-Examination Of Sexual Assault Victim Or Officer Who Recorded Her Statement Amounts To Denial Of Fair Trial To Accused': Bombay High Court

The Bombay High Court has held that failure to examine the victim in a case of sexual assault, coupled with the omission to examine the police officer who recorded her statement, fatally undermines the prosecution's case and results in denial of a fair trial to the accused. The Court observed that such lapses strike at the root of the prosecution's case and violate the constitutional guarantee...

Order U/S 53A(1) Of Maharashtra Stamp Act Must Be Passed Within Six Years From Date Of Issuing Certificate For Adjudication: High Court

The Bombay High Court has held that an order under Section 53A(1) of the Bombay/Maharashtra Stamp Act, 1958 must be passed within a period of six years from the date of issuance of the certificate of adjudication under Section 32. It ruled that merely initiating proceedings within six years is not enough, as the final order itself has to be made within that period.Justice Jitendra Jain...

[GST] Reverse Charge Mechanism Notifications Denying ITC To Service Providers Are Constitutionally Valid: Bombay High Court

The Bombay High Court held that RCM notifications denying ITC credit to service providers are constitutionally valid and does not violate Article 14 and 19(1)(g) of the Constitution. The bench opined that in case of RCM, the person receiving the services, i.e. the recipient pays the tax and can claim credit of the same. The provider of service is exempt from paying tax. Merely...

Three Advocates Sworn-In As Additional Judges Of Bombay High Court

Three advocates were sworn-in as additional judges of the Bombay High Court on Tuesday (August 19).Chief Justice Alok Aradhe administered the oath of office to Justices Ajit Kadethankar, Sushil Ghodeswar and Aarti Sathe. With the swearing-in of these three judges, the strength of the HC now stands at 69 against the sanctioned strength of 94 judges. The names of these three advocates...

Income Tax | Sale Proceeds Of Vintage Cars Taxable Unless Assessee Proves That Car Was Used As Personal Asset: Bombay High Court

The Bombay High Court held that sale proceeds of vintage car taxable unless the assessee proves that the car was used as a personal asset. Chief Justice Alok Aradhe and Justice Sandeep V. Marne stated that the capability of a car for personal use would not ipso facto lead to automatic presumption that every car would be personal effects for being excluded from capital assets of...

A Bench Of The Bombay High Court At Kolhapur - My Views : Justice AS Oka Writes

The Bombay High Court must make the entire decision-making process transparent by putting it in the public domain. This action will tell us whether a lawful decision-making process was followed.

Bank Guarantee Which Expired Almost Ten Years Before CIRP Was Initiated, Cannot Be Enforced: Bombay High Court

The Bombay High Court stated that expired bank guarantee can't be enforced post CIRP (corporate insolvency resolution process). Justices M.S. Sonak and Jitendra Jain stated that, “The argument that a personal guarantee survives the CIRP does not apply in the case because the guarantee had expired even before the CIRP. During the validity period of the guarantee, admittedly, no...

Bombay HC Issues Notice On Plea By Same-Sex Couple Seeking Inclusion Under Definition Of 'Spouse' For Tax Exemption U/s 56(2)(x) Of IT Act

The Bombay High Court has issued a notice to the Attorney General of India on a petition filed by a 'same sex couple' challenging the constitutional validity of Section 56(2)(x) of the Income Tax (IT) Act, which grants exemption from tax on gifts between heterosexual couples. A division bench Justices Burgess Colabawalla and Firdosh Pooniwalla has sought to know the stance of the Union...

MV Act | 'Accident' Includes Sudden Slipping, Involvement Of Another Vehicle Not Necessary For Claiming Compensation: Bombay High Court

In a significant order, the Bombay High Court held that involvement of another vehicle for causing an accident is not necessary and a mere skidding or slipping of the motorcycle too can amount to an 'accident' making the victims entitled to compensation under Motor Vehicles Act. Noting that term accident was not defined under the Act and would include any sudden event harming a person, the...