Bombay High Court Quarterly Digest: January To March 2023
Live LawNominal Index World Phone Internet Services Pvt. It is always open for the police to put up a board prohibiting photography but if one does take a photo/video, certainly, the said act would not come within the ambit of the Official Secrets Act.” Non-Confession Of Accused Doesn't Amount To Non-Cooperation, Accused Must Be Released Forthwith If Arrest Doesn’t Satisfy Section 41 CrPC: Bombay High Court Case Title: Chanda Kochhar v. CBI Citation: 2023 LiveLaw 15 Merely saying that the accused has not co-operated and disclosed true and full facts of the case, cannot be the sole reason for arrest, the Bombay High Court said in its detailed order granting interim relief of bail to Ex-ICICI Bank CEO Chanda Kochhar and her husband Deepak Kochhar in the ICICI Bank-Videocon loan fraud case. Assessee Not Entitled for Deduction without A Certificate Declaring The Warehouse as Part Of The Port: Bombay High Court Case Title: Principal Commissioner of Income Tax v. Maharashtra State Warehousing Corporation Citation: 2023 LiveLaw 28 The Bombay High Court held that the assessee cannot claim the deduction under Section 80IA of the Income Tax Act in the absence of a certificate declaring the warehouse to be part of the port. ‘Limitation’ Doesn’t Involve Any “Basic Notions Of Morality Or Justice”, For Setting Aside Award : Bombay High Court Case Title: Thomas Cook Limited v. Red Apple Chandrarat Travel Citation: 2023 LiveLaw 30 The Bombay High Court ruled that the ground of limitation, being a mixed question of law and fact, can never be a ground which would involve any “basic notions of morality or justice” for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. Justice Sandeep V. Marne, while upholding trial court’s order allowing the plaintiff to examine two witnesses held, “Court would not deny them the opportunity by showing technical rules of procedure, drafted for advancing the cause of justice.” Not Extinguishing Fire Shows Knowledge And Intention To Cause Death: Bombay High Court Upholds Man’s Murder Conviction For Killing Wife Case Title: Uttam Anna Lande v. State of Maharashtra Citation: 2023 LiveLaw 63 The Bombay High Court upheld the murder conviction of a man observing that he did not try to extinguish the fire showing that he had the intention to murder his wife.