Bombay High Court

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case on Deduction Under Section 80HHC and Disallowance Under Section 40(a)(i). The Court upheld ITAT's findings that interest income from business funds is business income, professional service receipts are not excluded under clause (baa), and Section 172 overrides Section 40(a)(i) for shipping income....

The Commissioner of Income Tax appealed against the order of the Income Tax Appellate Tribunal (ITAT) concerning the assessment of V.S. Dempo & Co. Pvt. Ltd. for the assessment year 1993-94. The appea...

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Bombay High Court Upholds Dismissal of Teacher Convicted for Abetment of Suicide — Conviction for Offence Involving Moral Turpitude Justifies Dismissal Under Rule 9(1) of Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964...

The petitioner, Sau. Sandhya w/o Anil Deshmukh, was an Assistant Teacher employed with Panchayat Samiti, Chandur Railway, under the Zilla Parishad, Amravati. Her sister-in-law committed suicide, and t...

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Bombay High Court Dismisses Petition Challenging VAT Investigation Post-GST. Section 78 of Maharashtra GST Savings Act Held Valid as It Continues VAT Act Only for One Year from Appointed Day as Permitted by Constitution Amendment....

The petitioner, Magma Fincorp Limited, a non-banking finance company registered under the Maharashtra Value Added Tax Act, 2002 (VAT Act), challenged the investigation initiated by the Assistant Commi...

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Bombay High Court Allows PIL Challenging Composition of Tree Authority Under Maharashtra Trees Act — Nominated Members Cannot Exceed Elected Members. Interpretation of Section 3(2) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 requires parity between elected and nominated members in Tree Authority....

The petitioner, Zoru Darayus Bhathena, filed a Public Interest Litigation challenging the composition of the Tree Authority for the Municipal Corporation of Greater Mumbai under the Maharashtra (Urban...

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High Court Adjourns Public Examination of Insolvent in Insolvency Petition Due to Non-Receipt of Sealed Minutes. Insolvent directed to produce sealed certified copies of private examination minutes and remain present for examination....

This is an insolvency proceeding before the Insolvency Registrar of the High Court at Bombay. The matter concerns Insolvency Petition No. 36 of 2000 involving three insolvents: Simplex Enterprises, K....

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Bombay High Court Quashes Complaint in NI Act Case for Lack of Vicarious Liability — Petitioner Not a Director or Signatory. Section 141 of Negotiable Instruments Act, 1881 requires specific averments of role and consent for vicarious liability of company officers....

The petitioner, Sidharth Chauhan, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order date...

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Bombay High Court Quashes Process in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. The court held that the demand notice under Section 138 of the Negotiable Instruments Act, 1881 must be properly served on the accused, and if returned unclaimed, the complainant must take steps to serve by other modes....

The applicant, Amit Digvijay Singh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 9th May 2019 passed by the 6th Judicial Magistra...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage....

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes Court and its Appellate Bench in favor of the lan...

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Bombay High Court Allows Writ Petition Against Recovery of Increments for Non-Passing of Marathi Language Examination. Recovery of increments paid to a staff nurse for failure to pass Marathi language examination within two years of appointment is unsustainable as the rules only provide for withholding of future increments, not recovery of past payments....

The petitioner, Kiran Kirit Solanki, was appointed as a staff nurse in 2008. She approached the Maharashtra Administrative Tribunal aggrieved by the recovery of increments due to her on the ground of ...

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Bombay High Court Quashes FIR in Dowry Harassment Case Due to Lack of Specific Allegations and Settlement Between Parties. Court holds that continuation of proceedings would be an abuse of process of law under Section 482 Cr.P.C. when allegations are vague and parties have amicably resolved disputes....

The petitioners, including the husband and his relatives, filed a writ petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No. 49 of 2019 registered at...