Bombay HC affirms compensation rights for casual drivers under Employees’ Compensation Act
“Merely because the period for which the driver was recruited or employed is not mentioned, that cannot be a ground to reject the claim.”
Justice Jitendra Jain
Storing medicines in refrigerator is not ‘manufacturing process’ under Factories Act: Bombay HC
“The act of preserving or storing is preceded by ‘process for’ preserving or storing any articles in cold storage and it is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing.”
Bombay HC: 645-day delay in review petition not condonable; reasons such as counsel search, court’s vacation, and family wedding not ‘sufficient cause’
“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”
Fatal fall from train is an untoward incident, not self-inflicted injury: Bombay HC directs Railways to pay Rs 4 lakh compensation
“In matters governed by beneficial legislation, the benefit of doubt should go in the person’s favour who has met with the accident. Railways could have supported its case by examining the co-passenger or guard or by leading expert evidence to show that a person falling from a moving train could not get entangled in its wheels.”
Bombay High Court sets aside municipal notice under MMC Act; highlights omission to specify violation fatal to jurisdiction
“The impugned notice did not specify as to which of the provisions of the MMC Act was contravened for empowering the Commissioner to initiate proceedings.”
Railway employee travelling on Privilege Pass held bona fide passenger; Bombay HC grants Rs 3 lakh compensation despite missing journey entries
“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”
Defamation battle between Brother and Sister: Bombay High Court urges siblings to “learn to give up than to give into litigation”
“Sibling bond is for moral support which makes this relationship very special. However, nowadays, sadly, siblings don’t stand together but against each other in court of law.”
Circumstantial evidence sufficient to prove ‘untoward incident’ under Railways Act: Bombay HC grants compensation to deceased’s parents
“The Railways Act is a beneficial legislation, and even in criminal matters, circumstantial evidence is taken into consideration for deciding whether the offence was committed or not.”
Maintenance obligations not ‘debts’; ‘Insolvency’ no shield for Husband against Family Court order: Bombay HC
“The Family Court’s order directing husband to pay maintenance had already been challenged in the criminal revision proceedings, and therefore, allowing the present petition would permit the husband to adopt two parallel proceedings after electing one.”
‘Litigant cannot be made to suffer on account of lapses of Advocate’s office’; Bombay HC condones 75-day delay in filing written statement
The Court opined that the applicants, upon finding out the lapse by the advocate’s office in filing the written statement, were vigilant enough to contact the Advocate themselves.
‘Online sale of movie tickets not separate business’: Bombay HC upholds levy of entertainment duty on convenience fee exceeding Rs. 10
“Merely because charges for online booking are included in the tax measure does not imply that the State has encroached upon the Union List.”
‘Reasonable period’ to conclude proceedings under Section 53-A(1) of Maharashtra Stamp Act after its initiation is maximum 2 years: Bombay High Court
The Court emphasised that it is settled position in revenue laws that the proceedings have to be concluded within certain time frame and same cannot be kept pending for long which would lead to uncertainty which is contrary to the canons of any fiscal legislation.
‘Authorities stood motionless for 5 years’; Bombay HC imposes Rs 10000 cost each on authorities for failing to act in UIDAI identity fraud case
“The authorities/entities who can assist on Aadhaar number shall be equipped with necessary technology for authentication and such authentication shall be done in accordance with the Aadhaar (Authentication) Regulations, 2021.”
Know why Bombay HC disposed of Income Tax Appeal involving tax effect less than Rs. 2 crores; cites CBDT Circular
The assessee submitted that the tax effect in this appeal is below Rs. 2 crores and CBDT Circular 5 of 2024 does not include any exceptions like the one in Board’s communication dated 20-8-2018.
Inside Bombay High Court Ruling on convenience fees on online Movie ticket bookings
“The legislation touching upon price control in India has always been specific, eloquent and reasonable, even though important, restriction on the right to carry on business has never been sought to be achieved indirectly or by implication and without setting out a statement of the policy of the legislature on this behalf.”
Bombay HC directs Yes Bank to pay Rs 50,000 compensation for delay in opening bank account over Aadhaar insistence
“The petitioner pointed out the orders made by the Supreme Court in the Aadhaar case and contended that insisting on an Aadhaar Card for opening a Bank account was not legal or proper.”
Read why Bombay HC held that Article 24 of AIFTA did not deprive customs authorities to issue show cause notices
The petitioner, Purple Products, imported Tin Ingots manufactured from Malaysia, with a valid Certificate of Origin and based on such certification, it claimed and availed benefits under Customs Exemption Notification No. 46 of 2011, dated 1-6-2011, from time to time.
Bombay HC refuses to interfere with 2008 Civil Services appointment after 2016 legislative reforms allowed reservation for mental disability
The appointment of the petitioner to the 2008 Civil Services, based on the subsequent legislative reform made in 2016, would lead to administrative chaos and raise several complications regarding seniority, induction etc.
‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years
“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”
Mere change in tax rate for future AYs, no ground to reopen assessment without fulfilling jurisdictional parameters under S. 148 of Income Tax Act: Bombay HC
The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.