6 Important Bombay High Court Judgments dated 11 January 2019

Government Premises (Eviction) Act, 1955 (Bombay) - S. 7 - Unauthorized Occupation of the Premises - the act of the Corporation in accepting charges from the petitioner would not result in automatic renewal of licence in favour of the petitioner. The charges were accepted by the ­Corporation towards unauthorized occupation of the premises in question by the petitioner. The licence could be said to have been renewed only, if an agreement had been executed in favour of the petitioner by the ­Corporation on terms that were agreeable to both the parties. The facts of the present case show that no such event occurred and there was no document on record to show that the licence of the petitioner was ever renewed. The findings rendered by the Court below regarding the possession of the petitioner being unauthorized are correct and therefore, it is found that there is no substance in the present Writ Petition. Shri Shyam Ramapati Pandey v. Maharashtra State Road Transport Corporation, Thr. Divisional Controller, NagpurW.P. No. 5863 of 2017 11-01-2019 [Manish Pitale, J. Nagpur]

Penal Code, 1860 - S. 302 - There can be punishment under Section 302 of IPC only when the case falls under either of the clauses of firstly to fourthly of Section 300 of IPC. Suresh Sadhuji Ghogre (in Jail) v. State of Maharashtra, Thr. P.S.O. P.S. Kotwali, Nagpur, Crl.A. No. 361 of 2016 11-01-2019 [S.B. Shukre & S.M. Modak JJ., Nagpur]

Prohibition Act, 1949 (Maharashtra) - S. 65 (e) - Penalty for illegal import, etc. of intoxicant or hemp - Accused is old aged lady about 59 years. She is contesting this case from the year 2009. Therefore, judicial discretion can be used to meet the ends of justice. Shobha Baburao Shende (in Jail) v. State Of Maharashtra, Through P.S.O. Nagbhid, Chandrapur, Crl. Rev. No. 157 of 2015 11-01-2019 [M.G. Giratkar, J. Nagpur]

Succession Act, 1925 - S.301 - Will - Removal of executor or administrator and provision for successor - Whether the application under Section 301 of the Succession Act can be made only by a beneficiary or legatee, who accepts the Will and, as to whether it cannot be made by a person who seeks to dislodge the Will or contest the application for probate or Letters of Administration with Will annexed'. Radhika Bhargava v. Arjun Sahgal, http://bit.ly/NMA1581of2017 11/01/2019 [B.R. Gavai & R.I. Chagla, JJ. Bombay]

Income Tax Act, 1961 - S. 260A - the reasons which are recorded by the A.O. for reopening the assessment are the only reasons which can be considered. No substitution or deletion is permissible. No addition can be made to those reasons. No inference can be allowed to be drawn based on reasons not recorded. Commissioner of Income Tax (Exemptions) v. Marhatta Chamber of Commerce Industries and AgricultureI.T.A No. 965 of 2016 11-01-2019 [Akil Kureshi & B.P. Colabawalla, JJ. Bombay]

Indian Trusts Act, 1882 - S. 17 - Trustee to be impartial. Kamleshsingh Harnamsingh Chowhan v. Gangasingh Motisingh Chowhan, C.A. No. 551 of 2004 11-01-2019 [B.R. Gavai & R.I. Chagla, JJ. Bombay]
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