Page 4 - Bombay High Court

SC refuses to interfere with Bombay HC order granting bail to Anil Deshmukh

The Supreme Court on Tuesday upheld the Bombay High Court order granting bail to former Maharashtra Home Minister Anil Deshmukh in a money laundering case

SC collegium meeting of Sept 30 on elevation of judges discharged

'The unfinished work in the meeting called for September 30 is closed without there being any further deliberation and it stands discharged'

SC to hear on Tuesday ED's plea against HC order granting bail to Deshmukh

The Supreme Court Monday agreed to hear on Tuesday a plea filed by the Enforcement Directorate (ED) challenging the Bombay High Court order granting bail to former Maharashtra home minister Anil Deshmukh in a money laundering case. Solicitor General Tushar Mehta, appearing for the ED, mentioned the matter for urgent listing before a bench comprising Chief Justice U U Lalit and Justice S R Bhat. The bench said the matter will come up for hearing tomorrow before a bench headed by Justice D Y Chandrachud. The high court had on October 4 granted bail to Deshmukh in the case registered by the ED observing "two components of credits" in the account of his family trust were not "proceeds of crime. The high court had, however, stayed the order till October 13 after Additional Solicitor General Anil Singh said the ED will challenge it in the apex court. Two components of credits (Rs 10.42 crore and Rs 1.12 crore) in the account of a trust controlled by the Deshmukh family, flagged by the

Clamour grows for probe into Eknath Shinde's Dussehra rally 'bills'

The Maha Vikas Aghadi allies have demanded a probe, while an activist-lawyer has moved the Bombay HC for an FIR into the alleged 'cash payment' of Rs 10 cr purportedly made by the faction of CM Shinde

Mumbai needs 'single planning authority' for pothole-free roads: BMC to HC

Mumbai cannot be pothole-free till the Brihanmumbai Municipal Corporation becomes the "single planning authority" to look after the maintenance of roads, the civic body in the metropolis told the Bombay High Court on Friday. In a presentation to a division bench of Chief Justice Dipankar Datta and Justice MS Karnik, BMC commissioner Iqbal Chahal said 2,050 kilometres of the city are in the civic body's jurisdiction and some 500 kilometres with 15 other agencies. "The problem is, apart from the BMC, we have 15 other agencies who own 500 kilometres of road. I am not supposed to spend my fund on this. Most complaints are from these areas. If these 15 agencies do not pull up their socks then we will not have a pothole-free city," Chahal said. "I have written to the state government saying the entire planning and maintenance should be handed over to BMC for holistic development. I have proposed to the state government to hand over the entire planning and development work of the city to t

SC Collegium proposes Bombay HC Chief Justice's elevation to top court

The Supreme Court Collegium has recommended the elevation of Bombay High Court Chief Justice Dipankar Dutta as judge of the apex court

No coercive action till Nov 17 against Anil Ambani under Black Money Act

The Bombay High Court on Monday directed the Income Tax department not to take any coercive action against Reliance Group Chairman Anil Ambani till November 17 on a show cause notice issued to him seeking to prosecute him under the Black Money Act. The I-T department had issued the notice to Ambani on August 8, 2022 for allegedly evading Rs 420 crore in taxes on undisclosed funds worth more than Rs 814 crore held in two Swiss bank accounts. The department has charged Ambani (63) with "wilful" evasion, saying he "intentionally" did not disclose his foreign bank account details and financial interests to Indian tax authorities. As per the department's notice, Ambani was liable to be prosecuted under Sections 50 and 51 of the Black Money (undisclosed foreign income and assets) Imposition of Tax Act of 2015, that stipulates a maximum punishment of 10 years imprisonment with a fine. Ambani earlier this month approached the HC challenging the notice, claiming that the Black Money Act wa

HC allows Uddhav-led Shiv Sena to hold Dussehra rally at Shivaji Park

In a shot in the arm for the Uddhav Thackeray-led Shiv Sena faction, the Bombay High Court on Friday granted it permission to hold its annual Dussehra rally at the iconic Shivaji Park ground in central Mumbai. For the Thackeray faction the development has a symbolic value as Shivaji Park is associated with the Sena since its birth, and his group is locked in a tussle with the rebel group led by Maharashtra Chief Minister Eknath Shinde to establish itself as the 'real' Shiv Sena. The Shinde faction had also sought permission to hold the rally at the same venue on the same day (October 5), and opposed the Thackeray group's petition in the high court. Welcoming the ruling, Thackeray appealed his supporters to maintain discipline while attending the rally on Dussehra. Thackeray supporters celebrated the ruling outside the Sena's headquarters in Dadar, close to the Shivaji Park, as well as near Thackeray's residence Matoshree in Bandra and in neighbouring Thane. Kiran Pawaskar, ...

Rupee Cooperative Bank set to explore merger proposal, SFB conversion

On August 8, the RBI had ordered cancellation of the banking licence of the ailing UCB from September 22. The high court will take up the matter on October 17

Shiv Sena to go ahead despite denial of permission for Dussehra rally

The Uddhav Thackeray-led Shiv Sena on Thursday said the Mumbai civic body's decision to deny permission to it for Dussehra rally at the Shivaji Park here was expected and claimed it was "very bad script of the BJP". Former Mumbai mayor Kishori Pednekar, the spokesperson of the Thackeray-led Sena, also accused the BJP of trying to corner her party with the denial of permission for the rally on October 5. Ajay Choudhary, leader of the Thackeray-led faction in the Maharashtra Assembly, asserted that the party's annual congregation will be held at at the iconic ground in central Mumbai irrespective of permission from the civic body. He claimed the party will resort to "guerrilla warfare tactics" to hold its rally. The Brihanmumbai Municipal Corporation (BMC) has denied permission to the Uddhav Thackeray-led Sena and rival party faction led by Maharashtra Chief Minister Eknath Shinde for the Dussehra rally at the Shivaji Park. Both the factions claim to be the "real Shiv Sena" and had

Maha Dussehra rally: Shinde faction MLA moves HC to block Uddhav's plea

MLA Sada Sarvankar, of the Eknath Shinde faction of the Shiv Sena, filed an application in the Bombay High Court on Thursday, seeking the court to not hear or decide the Uddhav Thackeray-led Shiv Sena's petition for permission to hold their annual Dussehra rally at the Shivaji Park in Mumbai. Sarvankar said if the HC passes any order on the issue, then it would cause impediment on the ongoing dispute on who represents the "real Shiv Sena". The application is likely to be mentioned on Thursday before a division bench of Justices R D Dhanuka and Kamal Khata, which is scheduled to hear the petition filed by Thackeray-led Shiv Sena and its secretary Anil Desai on Wednesday seeking permission to hold the Dussehra rally at the Shivaji Park on October 5. In his application, Sarvankar, the MLA from Dadar in Mumbai, said he belongs to Maharashtra Chief Minister Eknath Shinde's faction, who is the "Mukyaneta of Shiv Sena". He claimed the petition filed by the Thackeray-led Shiv Sena is ...

Bombay HC to hear Shiv Sena's plea for Dussehra rally at Shivaji Park today

The Bombay High Court will on Thursday hear a petition filed by the Uddhav Thackeray-led Shiv Sena seeking permission to hold its annual Dussehra rally at the iconic Shivaji Park in central Mumbai on October 5. The petition, seeking urgent hearing, was mentioned before a division bench of Justices R D Dhanuka and Kamal Khata on Wednesday. The bench posted it for hearing on Thursday. The plea said the party was constrained to approach the HC as the Mumbai civic body was yet to take a decision on their applications submitted in August seeking permission for the rally. The petition sought directions to the Brihanmumbai Municipal Corporation (BMC) to forthwith grant permission for the Sena's Dussehra rally at the Shivaji Park. The Sena in its plea also said the party was holding the Dussehra rally every year at the Shivaji Park since 1966 and the civic body had always permitted it. Addressing party workers in suburban Goregaon on Wednesday evening, former chief minister Uddhav Thacke

Bombay HC orders razing illegal portions of Narayan Rane's bungalow

In a shocker for Union MSME Minister Narayan Rane, the Bombay High Court ordered the BMC to demolish '300 per cent illegal portions' in a bungalow belonging to his family's company within two weeks

Bombay HC to pass order on professor Hany Babu's bail plea in Elgar case

The Bombay High Court would give its order on Monday on a bail plea filed by Delhi University's associate professor Hany Babu, who is an accused in the Elgar Parishad-Maoist links case. A division bench of Justices N M Jamdar and N R Borkar has been hearing the bail plea since August. The National Investigation Agency (NIA), which is conducting a probe into the case, has accused Babu of being a co-conspirator in propagating Maoist activities and ideology on the instructions of leaders of the banned CPI (Maoist) organisation. Hany Babu was arrested in July 2020 in the case and is currently lodged at the Taloja prison in neighbouring Navi Mumbai. He approached the HC in June this year, challenging an order of the special NIA court here which rejected his bail plea earlier this year. Babu in his plea said the special court had "erred" in holding that there existed prima facie incriminating material against him. In his petition filed through advocates Yug Chaudhary and Payoshi Roy, B

Facebook moves HC against order to pay indemnity to man for fraudulent ad

Facebook India Online Services and META Platforms Inc have approached the Bombay High Court challenging an order of a consumer redressal commission directing it to pay Rs 25,599 to a labourer for non-delivery of a product he purchased online and fraudulent advertisement. A Nagpur bench of Justice Manish Pitale on Thursday heard two petitions filed by Facebook India Online Services Pvt Ltd and META Platforms Inc against the order passed by the District Consumer Dispute Redressal Commission, Gondia in June, 2022. The commission had directed the companies to pay Rs 599 to a person for non-delivery of a product purchased online and Rs 25,000 for causing mental agony. Justice Pitale granted a stay on the commission's order, but directed Facebook India and META Platforms to deposit the amount with the registry of the high court. The bench also issued notice to the complainant and posted the matter for further hearing on November 15. The commission had passed the order on a complaint file

Maha govt should implement policy seriously to promote Marathi language: HC

The Maharashtra government should implement seriously its policy to promote Marathi language, the Bombay High Court has said while directing it to henceforth hold the public prosecutor recruitment exam in the state in Marathi also. A division bench of Justices S V Gangapurwala and R N Laddha passed the order on September 7 on a petition filed by one Pratap Jadhav, seeking that the exam for the posts of public prosecutors be conducted in Marathi also instead of only English. The order was made available on Saturday. Jadhav had said he studied in Marathi since school, and that proceedings before the courts of Judicial Magistrate First Class and Civil Judge Junior Division are normally conducted in Marathi language. Marathi is a local language, he said. The high court in its order said the Maharashtra government ought to have been serious on the issue. "The government cannot say that for the examination of the magistrates and civil judges can be provided for answering in Marathi lan

GST amendment on registration cancellation: Bombay HC notice to Centre

The Bombay High Court has issued notices to the Union and Maharashtra governments seeking their response to a petition against an amendment to the Goods and Services Tax (GST) Rules by which GST registration can be suspended without giving the affected party a hearing. A division bench of Justices K R Shriram and A S Doctor, on August 29, issued notice to the Attorney General of India and Advocate General of Maharashtra as the plea challenges the validity of a provision of law. The order was made available on Monday. The court was hearing a petition filed by SAT Industries Limited challenging a show cause notice issued to it in August 2022 for cancellation of its GST registration. As per the firm's plea, in the notice itself it has been stated that "please note that your registration stands suspended with effect from 08/08/2022". Senior counsel Vineet Kothari, appearing for the petitioner, claimed the original Rule 21A (2) of the Central Goods and Service Tax Rules, 2017 provided t

SC provides relief to Adani Ports in connection with bidding process

Sector experts feel the court has cleared the air on an issue which saw multiple stands from high courts across the country

Cannabis plant without flowering or fruiting tops not 'ganja': Bombay HC

A seized cannabis plant without flowering or fruiting tops does not fall under the purview of 'ganja', the Bombay High Court has ruled while granting pre-arrest bail to a man accused of possessing commercial quantity of the narcotic substance. A single bench of Justice Bharati Dangre in the order passed on August 29 also noted that there was a discrepancy in the substance seized by the Narcotics Control Bureau from the accused's residence and the sample sent by the NCB for chemical analysis. The court was hearing the pre-arrest bail plea filed by one Kunal Kadu, who apprehended arrest by the NCB for offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act Sections 8(C) (produce, manufacture or possession of narcotic substance), 28 (attempt to commit offence) and 29 (criminal conspiracy). According to the NCB, it had carried out searches at Kadu's residence in April 2021 and recovered a green leafy substance in three packets weighing a total of 48 kg. The NCB claimed

Covishield vax death: Bombay HC issues notices to govt, Bill Gates, SII

The petitioner is Dilip Lunawat, who has contended that his daughter Snehal Lunawat, 33, who was also a Senior Lecturer at the SMBT Dental College in Nashik, was compelled to take the vaccine