Bombay High Court

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Bombay High Court Directs Registrar of Companies to Remove Director's Name Following Resignation — Failure of Company to File DIR-12 Cannot Prejudice Resigning Director. Writ of Mandamus Issued Under Article 226 of Constitution of India for Enforcement of Statutory Duty Under Section 168 of Companies Act, 2013....

The Petitioner, Rajiv Sharma, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to the Registrar of Companies, Mumbai (Respondent No...

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Bombay High Court Strikes Down Surrogacy Rule Requiring Certificate of Genetic Abnormality for Intending Couple. Rule 1(d)(I) & (II) of Surrogacy (Regulation) Amendment Rules, 2023 held ultra vires the Surrogacy (Regulation) Act, 2021 as it imposes additional condition beyond the Act....

The petitioners, a married couple, sought to have a child through surrogacy due to the wife's medical issues. They challenged Rule 1(d)(I) & (II) of the Surrogacy (Regulation) Amendment Rules, 2023, w...

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Bombay High Court Allows Interest on Refund Under Section 244A(1)(a) of Income Tax Act, 1961 — Refund Arising from Appellate Order Not Subject to 10% Threshold. The court held that the 10% threshold under Section 244A(1)(b) applies only to refunds of excess advance tax/TDS, not to refunds arising from appellate orders under Section 244A(1)(a)....

The appellant, Ceat Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) dated 5 December 2002. The ITAT had dismissed ...

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Bombay High Court Allows Appeal in Income Tax Case on Share Premium Utilization — Tribunal's Direction to Examine Section 78 of Companies Act, 1956 Set Aside as Beyond Scope of Income Tax Proceedings. The court held that the Assessing Officer cannot examine compliance with company law provisions in income tax proceedings, and the Tribunal's order was perverse....

The appellant, Shendra Advisory Services Pvt. Ltd., was a joint venture between Indian promoters (Future Group) and a foreign company, Participatie Maatschappij Graafsshap Holland NV (PMG). As part of...

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Bombay High Court Dismisses Application to Cancel Bail in Rape Case Based on False Promise of Marriage. Consensual Relationship Not Vitiated by Unfulfilled Marriage Promise....

The applicant, Leena Dashrath Gavkar, filed a criminal application before the Bombay High Court seeking quashing and setting aside of the bail order dated 16th August 2023 passed by the learned Additi...

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness....

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The complainant, Nagindas Parekh, filed a complaint under Se...

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Bombay High Court Dismisses Challenge to Termination of Lease and Eviction Orders in MIDC Land Dispute. Lease Termination Upheld as Petitioner Failed to Comply with Conditions and Was Not Entitled to Protection Under Bombay Government Premises (Eviction) Act, 1955....

The petitioner, M/s. Sesa Sterlite Ltd., a Public Limited Company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging ...

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Bombay High Court Quashes FIR Against Husband and Relatives in Domestic Violence Case Due to Lack of Territorial Jurisdiction. FIR registered at Tasgaon Police Station for alleged offences under Sections 498A, 406, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 quashed as no part of cause of action arose within its jurisdiction....

The Bombay High Court allowed two writ petitions filed by the husband and his relatives seeking quashing of an FIR registered at Tasgaon Police Station. The husband and wife were married in February 2...

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Bombay High Court Allows Petition for Unilateral Deemed Conveyance Under MOFA Act — Failure of Promoter to Execute Conveyance Within Agreed Time Entities Society to Seek Deemed Conveyance Under Section 11 of Maharashtra Ownership Flats Act, 1963....

The petitioner, Jai Jalaram Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Cooperative Societies Act, 1960. It is in possession of a plot of land ...