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Time of India
2 days ago
- Business
- Time of India
Same sex couple moves HC against gift tax rules
Mumbai: A has moved the Bombay High Court challenging the Income Tax Act's differential treatment on taxation of gifts between spouses. The plea filed by the couple sought to declare the term 'spouse' appearing in the explanation to the fifth proviso to Section 56(2)(x) of the Income Tax Act as unconstitutional as it excludes same sex couples from the scope and definition of the term 'spouse'. Tired of too many ads? go ad free now Under Section 56(2)(x) of the Income Tax Act, any money, property, or asset received without adequate consideration, valued at over Rs 50,000, is taxed as 'income from other sources'. However, the fifth proviso to the section exempts such gifts when received from 'relatives', including 'spouses'. The term 'spouse' is not separately defined in the Act. A bench of Justices B P Colabawalla and Firdosh Pooniwalla on Aug 14 said the plea challenges the constitutional validity of a provision of law and issued notice to the Attorney General of India. Ashish K Singh, managing partner of law firm Capstone Legal said that for such a prayer to be granted, an expansive reading of the word 'spouse' is required to be considered by the court. The court posted the matter for hearing on Sep 18. The petition also sought a declaration extending the benefit of the fifth proviso to Section 56(2)(x) of the IT Act to the petitioners who claim to be in a long-term, stable same sex relationship. It also sought a relief to include same sex couples under the definition of 'spouse' in the provision. The plea said same sex couples who are in a long-term and stable relationship are in the same position as heterosexual couples which would be presumed to be in a marriage. PTI
Time of India
11-06-2025
- Time of India
Bombay HC orders BMC to pay Rs 50 lakh each to kin of 8 Kurla hotel fire victims, cites ‘gross negligence'
The Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to pay ₹50 lakh each to the families of eight individuals who died in a devastating fire at Hotel City Kinara in Kurla in October 2015. The bench, comprising Justices B.P. Colabawalla and Firdosh Pooniwalla, held the civic body directly responsible for failing to act on known safety violations, calling its conduct a 'gross breach' of statutory duties. Seven of the victims were young students aged between 18 and 20, while the eighth was a 31-year-old engineer from Virar. The fire broke out on October 16, 2015, when the hotel was operating without mandatory fire safety clearances. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Vietnam: New Container Houses (Prices May Surprise You) Container House | Search ads Search Now Undo Hotel ran illegally, BMC failed to act The court noted that the hotel violated multiple licensing conditions—most critically, running a public service area on a mezzanine floor designated only for storage and lacking a no-objection certificate (NOC) from the fire department. The victims were seated on this floor when the blaze erupted. Despite multiple complaints and inspections, the BMC failed to shut down the establishment. The court said this inaction was directly linked to the loss of lives and amounted to a violation of the victims' fundamental right to life under Article 21 of the Constitution. Live Events The civic body attempted to deflect blame onto the hotel owners, stating that internal disciplinary action had been taken against four officials. The court, however, rejected this argument and underscored that when public safety is involved, the authorities are held to a higher standard of accountability. 'Had BMC acted, the fire could have been averted' 'Had the BMC taken prompt action, the incident would not have occurred,' the court observed, ordering that the compensation be paid within 12 weeks. It described the civic body's role in issuing a licence without fire safety approvals as one of the 'most egregious' breaches in the case. The judgment sends a strong message about institutional accountability in matters of public safety and reaffirms the judiciary's stance on the State's responsibility in preventing avoidable tragedies. (With PTI inputs)
Mint
11-06-2025
- Mint
10 years on, Kurla hotel fire victims to get ₹50 lakh each in compensation after Bombay HC order to BMC
The Bombay High Court on Tuesday, June 10, directed the Brihanmumbai Municipal Corporation (BMC) to pay ₹ 50 lakh each as compensation to the kin of eight victims of a hotel fire incident in Kurla or Mumbai. All eight victims died in a fire in Hotel City Kinara in 2015. As many as eight persons were killed when a fire broke out inside the Kurla hotel on October 16, 2015. Seven of them were students aged 18-20, and the eighth victim was a 31-year-old design engineer from Virar. The high court was hearing petitions filed by parents of the victims seeking to quash the Lokayukta's February 2017 order, which dismissed their complaint seeking a probe. The Lokayukta, while dismissing their pleas, noted that compensation of ₹ 1 lakh each was disbursed. The families sought the enhancement of the compensation amount. Citing its gross failure in the discharge of its duties, the high court ordered the civic body to pay ₹ 50 lakh each to the families of the victims within 12 weeks. 'Due to the failure of the BMC in taking action, the illegality in Kinara continued unabated and ultimately led to the fire and the loss of life,' a bench of Justices B P Colabawalla and Firdosh Pooniwalla said. The court remarked it was "shocking" that the BMC took no action against the hotel, even though it was aware the establishment lacked the necessary fire department approvals. 'Had the BMC taken prompt action, then the fire incident would not have definitely not occurred,' the court noted. 'The negligence and breach of statutory duties by the BMC is a proximate cause of the fire, and the civic body can be held vicariously liable for the acts of commission and omission of its officials.' 'This violation of the fundamental rights of the petitioners and their kin under Article 21 of the Constitution of India has been caused as a direct result of the negligence and breach of statutory duties on the part of BMC,' the court said. The court also noted a list of violations on part of the hotel, saying it operated a service area on the mezzanine floor, which was supposed to be a storage area and also did not have a no-objection certificate (NOC) from the fire department. Kinara was granted an eating housing licence without obtaining any fire NOC from the fire department, the court said. The hotel had also stored several gas cylinders which was prohibited.
Mint
11-06-2025
- Mint
10 years on, Kurla hotel fire victims to get ₹50 lakh each in compensation after Bombay HC order to BMC
The Bombay High Court on Tuesday, June 10, directed the Brihanmumbai Municipal Corporation (BMC) to pay ₹ 50 lakh each as compensation to the kin of eight victims of a hotel fire incident in Kurla or Mumbai. All eight victims died in a fire in Hotel City Kinara in 2015. As many as eight persons were killed when a fire broke out inside the Kurla hotel on October 16, 2015. Seven of them were students aged 18-20, and the eighth victim was a 31-year-old design engineer from Virar. The high court was hearing petitions filed by parents of the victims seeking to quash the Lokayukta's February 2017 order, which dismissed their complaint seeking a probe. The Lokayukta, while dismissing their pleas, noted that compensation of ₹ 1 lakh each was disbursed. The families sought the enhancement of the compensation amount. Citing its gross failure in the discharge of its duties, the high court ordered the civic body to pay ₹ 50 lakh each to the families of the victims within 12 weeks. 'Due to the failure of the BMC in taking action, the illegality in Kinara continued unabated and ultimately led to the fire and the loss of life,' a bench of Justices B P Colabawalla and Firdosh Pooniwalla said. The court remarked it was "shocking" that the BMC took no action against the hotel, even though it was aware the establishment lacked the necessary fire department approvals. 'Had the BMC taken prompt action, then the fire incident would not have definitely not occurred,' the court noted. 'The negligence and breach of statutory duties by the BMC is a proximate cause of the fire, and the civic body can be held vicariously liable for the acts of commission and omission of its officials.' 'This violation of the fundamental rights of the petitioners and their kin under Article 21 of the Constitution of India has been caused as a direct result of the negligence and breach of statutory duties on the part of BMC,' the court said. The court also noted a list of violations on part of the hotel, saying it operated a service area on the mezzanine floor, which was supposed to be a storage area and also did not have a no-objection certificate (NOC) from the fire department. Kinara was granted an eating housing licence without obtaining any fire NOC from the fire department, the court said. The hotel had also stored several gas cylinders which was prohibited. "This, in our view, was one of the most egregious breaches committed not only by the owner and operator of Kinara but also by Respondent No.2 by issuing an eating house licence to Kinara without obtaining any fire NOC," it observed.
Time of India
11-06-2025
- Time of India
'15 hotel fire: HC orders BMC to pay 50L each to kin of 8 victims
Mumbai: Nearly a decade after a fire at Hotel City Kinara, Kurla West, claimed 8 lives, Bombay HC Tuesday ordered BMC to pay 50 lakh each compensation to their families, nailing it for gross negligence in discharge of its duties. Justices Burgess Colabawalla and Firdosh Pooniwalla said Kinara was granted an eating housing license without it obtaining any fire NOC from the fire brigade. "This, in our view, was one of the most egregious breaches committed not only by the owner... but also by BMC," they said, adding it was even more shocking that even after BMC became aware of the lack of fire NOC, did not take any action in that regard. They said BMC officials' deliberate inaction and negligence in fulfilling their duties led to loss of lives at Kinara. On Oct 16, 2015 the fire broke out around 1.20pm in the mezzanine. Among the dead were seven students, between 18 and 20years, of Don Bosco Institute of Technology and the eighth, a civil engineer (32). The court heard a 2018 petition by the victims' parents and wife to quash the Lokayukta's Feb 27, 2017 order which dismissed their complaint seeking investigation noting that Rs 1 lakh each compensation is disbursed. The HC quashed the Lokayukta's order. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo The judges also said all the victims "had a full working life ahead of them". HC said by initially granting eating house license to Kinara without a FIR NOC and thereafter not taking action when it was discovered that Kinara was operating without a fire NOC, BMC committed gross negligence and acted totally in breach of its statutory duties. Justices Burgess Colabawala and Firdosh Pooniwalla said had BMC "promptly discharged its statutory duties by acting upon the fire safety violations and cancelled Kinara's licence, seized the LPG cylinders and prohibited the use of loft area/mezzanine floor for serving patrons, "the fire would definitely not have occurred. " "The loss of life of the petitioners' children/husband, has resulted in violation of their fundamental right to life under Article 21 of the Constitution of India. Further, as far as the petitioners are concerned, the loss of life of their children/husband has caused immense trauma and agony to the petitioners," said the judges in the verdict. The judges noted in three routine inspections—in Sept 2012, March 2013 and Sept 2015 —BMC found that Kinara was infringing various conditions of its licence. There was no letter from the chief fire officer granting permission to run it. It was using space outside the licensed premises to prepare Chinese food. The mezzanine floor was used for service instead of storage. One Martin Mathews' complaint to Vinoba Bhave police regarding storage of illegal LPG cylinders was forwarded to BMC but assistant commissioner of L ward "did not take the complaint seriously". In response to an RTI query, the fire brigade informed activist Nicholas Almeida that Kinara had no fire NOC. Advocate Godfrey Pimenta learnt from HPCL Kinara was not a registered customer of Laxmi Gas Agency. The judges agreed with senior advocate Naushad Engineer and advocate Jayesh Mistry for the petitioners that a higher standard of care was imposed on BMC to ensure public safety. They disagreed with advocate Anil Sakhare for BMC that there was no proximate cause link to acts of omission and/or commission of municipal officers and the fire and fatalities. The judges set aside the Lokayukta's order saying it failed to consider the Rs 1 lakh compensation each paid by the state govt to the families was only ad-hoc compensation. The judges said all victims "had a full working life ahead of them". Since the students were studying engineering (IT) or mass media and Arvind Kanaujia was employed at Sterling Engineering Consultants, "it would be safe to presume that, during their whole working life, they would earn a good salary". The judges said compensation of at least Rs 30 lakh each would be payable. Considering inflation and interest over 10 years, the compensation payable, in 2025, would be Rs 50 lakh. They directed BMC to pay each petitioner within 12 weeks failing which it "shall carry interest at rate of 9 % per annum...".
