Bombay High Court

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Bombay High Court Allows Appeals in Income Tax Case on Disallowance of Interest on Borrowed Capital and Deduction of Wealth-Tax Paid. Interest on borrowed capital used for acquiring a capital asset is allowable under Section 36(1)(iii) of the Income Tax Act, 1961, and wealth-tax paid is deductible under Section 37(1) of the Act....

The present appeals relate to the assessment years 1986-87, 1987-88, 1988-89, 1989-90, 1990-91, 1991-92 and 1993-94. The appellant, T.V. Patel Pvt. Ltd. and Tulsidas V. Patel Pvt. Ltd., are companies ...

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Bombay High Court Allows Petition for Production of Documents in Rape Case — Right to Fair Trial Includes Access to Seized Exculpatory Material Not Filed with Charge-Sheet. Section 91 CrPC Application Rejected by Trial Court Set Aside; Directed to Reconsider Relevance of WhatsApp Chats and Other Documents....

The petitioner, Dr. Sublendu Prakash Diwakar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC, challenging the order dated 29/8/2023 passed by ...

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Bombay High Court Examines Constitutional Validity of Section 2(24)(xviii) of Income Tax Act, 1961 — Petitioner Challenges Taxation of Capital Subsidies as Income. The Court considered whether inclusion of subsidies and incentives in the definition of income under Section 2(24)(xviii) violates constitutional provisions and real income theory....

The writ petition arose from a challenge to the constitutional validity of sub-clause (xviii) to Section 2(24) of the Income Tax Act, 1961, inserted by the Finance Act, 2015 with effect from 1 April 2...

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Bombay High Court Hears Writ Petition Challenging Constitutional Validity of Section 2(24)(xviii) of Income Tax Act, 1961. Petitioner contended that taxing capital subsidies as income violates Articles 14, 19, 246, 265 and 289 of Constitution; final decision not stated in available text....

Serum Institute of India Private Limited, a biotechnology company manufacturing drugs and vaccines with a plant at Hadapsar, Pune, filed the writ petition challenging the constitutional validity of su...

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Bombay High Court Acquits Accused in Gang Rape and Robbery Case Due to Lack of Credible Evidence. Conviction under Section 376(2)(g) IPC and MCOC Act set aside as prosecution failed to prove gang rape and organized crime....

The judgment pertains to appeals filed by convicts challenging their conviction for offences under Sections 392, 394, 366, 341, 354 and 376(2)(g) read with 34 of the Indian Penal Code (IPC) and Sectio...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302 and 324 read with 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellants, Satish Bansi Lagad, Bansi Kisan Lagad, Kisan Ganpat Lagad, and Aashabai Bansi Lagad, were convicted by the Sessions Judge, Ahmednagar on 12-06-2017 in Sessions Case No.148 of 2015 for ...

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Bombay High Court Upholds Life Conviction for Murder Based on Child Witness Testimony — Conviction for Murder Under Section 302 IPC Sustained Despite Absence of Independent Witnesses...

The appellant, Kailash Vithal Waghmare, was convicted under Section 302 of the Indian Penal Code for the murder of his wife. The incident occurred when the appellant returned home and demanded food; t...

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Bombay High Court Dismisses Sarpanch's Petition Challenging No-Confidence Motion. Disqualification under Section 14(1)(j-1) of the Maharashtra Village Panchayats Act, 1959 applies only to candidates for election, not to sitting members, and the no-confidence motion was validly passed....

The Petitioner, Vitthal Rajaram Shitole, was the Sarpanch of Gram Panchayat Koregaonmul. He filed a writ petition challenging a no-confidence motion passed against him on 20th June 2023. The Petitione...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion....

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour Court at Mumbai in Reference (IDA) No.32 of 2020....

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Bombay High Court Quashes Blacklisting Orders Against Two Firms in WCL Tender Dispute — Lack of Opportunity of Hearing Violates Principles of Natural Justice. The court held that blacklisting a contractor without prior notice and hearing is arbitrary and unsustainable under Article 14 of the Constitution....

The petitioners, M/s H.D. Enterprises (HDE) and M/s Gaurav Contracts Company (GCC), had entered into a joint venture/consortium agreement on 23.05.2018 to submit a bid for work advertised by Western C...