Bombay High Court

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Bombay High Court Quashes Assessment Order for Breach of Natural Justice in Faceless Assessment - Seven-Day SOP Violated. Income Tax Assessment under Section 144B Set Aside Due to Insufficient Time to Respond to Show Cause Notice....

The petitioner, Cheftalk Food and Hospitality Services Pvt. Ltd., challenged an Assessment Order dated 27 March 2024 passed under Section 144 read with Section 144B of the Income Tax Act, 1961. The pr...

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High Court Acquits Accused in IPC Sections 306 and 498-A Case Due to Insufficient Evidence of Cruelty. Evidence Lacks to Establish Extreme Mental and Physical Torture Leading to Suicide....

The case involved an appeal against the conviction of the appellant for offences under Sections 498-A and 306 of the Indian Penal Code. The appellant, Ramchandra Deoraoji Bagadate, was sentenced to im...

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Bombay High Court Quashes Closure Orders Against Stone Crushing Plants Under Section 133 CrPC for Lack of Preliminary Order and Imminent Danger Finding. The court held that the Sub-Divisional Magistrate must first pass a conditional order and record a finding of present injury before directing closure under Section 133 of the Code of Criminal Procedure, 1973....

The petitioners operated stone crushing plants in Uran, Raigad, with valid consents from MPCB and mining licenses. The Sub-Divisional Magistrate, Panvel, issued show cause notices on 27 May 2024 alleg...

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Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed....

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 1961, for delayed deposit of Tax Deducted at Source ...

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Bombay High Court Quashes Allotment of Plot to Ayyappa Seva Samiti in Gorai Nagar MHADA Colony — Allotment Made Without Advertisement or Transparent Process Violates 1982 Regulations. Court sets aside allotment of a plot earmarked for a socio-cultural centre, directing MHADA to consider the petitioner society's application afresh after issuing public advertisement....

The dispute in this writ petition pertains to the allotment of a plot of land admeasuring about 1046.25 sq. mtrs. situated in Gorai Nagar, Borivali (West), Mumbai, by the Maharashtra Housing and Area ...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Lack of Proof of Partition and Encroachment. Vendor Cannot Transfer Better Title Than He Has Under Nemo Dat Quod Non Habet Principle; Oral Admissions Insufficient to Prove Partition Under Section 58 of Indian Evidence Act, 1872....

The dispute pertains to a suit property bearing No.407, Nazul Block No.9, admeasuring 1251 sq.ft. out of half share, situated in Gandhi Ward No.2, Hinganghat. The plaintiff, Mangilal Jorawarmal Munot,...

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Bombay High Court Allows Discharge of Doctors in Egg Donation Death Case Due to Lack of Medical Negligence and Parity with Co-Accused. Visiting doctors cannot be held responsible for admission of underaged patient or for medical negligence when medical committee opines no negligence and co-accused with similar role is discharged....

The case involves three criminal revision applications filed by Dr. Kirtikumar Sankleshwar Trivedi, Dr. Gauri Prakash Sultane, and Dr. Heta Deepak Kenia against an order dated 25.05.2023 passed by the...

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Bombay High Court Dismisses Tenant's Petition in Rent Default Eviction Case — Appellate Court's Decree Upheld. Tenant's deposit of rent in court without intimation to landlord and failure to pay demanded rent after notice constituted default under Section 12(3)(b) of the Bombay Rent Act....

The case involves a dispute between landlords (Respondents) and a tenant (Petitioner) over eviction from two rooms on the ground floor of a house property in Pune. The landlords filed Civil Suit No. 6...

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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation....

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grounds of ill-treatment, abandonment of conjugal domi...