MR. S.H. Kapadia

B.A.(Hons.), LL.B.

Justice Sarosh Homi Kapadia, B.A. (Hons.), LL.B. : Born on 29th September 1947. Enrolled as an Advocate on 10th September 1974. Practiced in the Bombay High Court, both on the Original Side and Appellate Side in Suits, Letters Patent Appeals, Writs, matters under Negotiable Instruments Act, Detention Matters, matters under Bombay Rent Act, matters under Bombay Municipal Corporation Act including trials concerning fixation of rate able value, matters under Maharashtra Land Revenue Code including trials concerning valuation of properties for the purposes of fixation of NA assessments, challenge to the validity of notifications fixing Standard Rent, appeared in AOs, First Appeals under the BMC Act, Second Appeals as also in Land Acquisition References under the Land Acquisition Act as also in matters under Bombay Land Requisition and Acquisition Act. This is apart from the practice in Industrial Law and Services Matters. Appeared as a counsel for the Department in Income-Tax matters. Appeared as a counsel for BMC in matters concerning rate able value and Octroi. Appeared as a counsel for Bharat Petroleum Corporation and Hindustan Petroleum Corporation in High Court and Supreme Court in connection with service matters including disputes concerning framing of Pension Rules. Also appeared for the Management and Unions in matters under Industrial Disputes Act, 1947 and ULP Act, 1972. Appointed as an Additional Judge of the Bombay High Court on 8th October 1991. Appointed as a Permanent Judge of the Bombay High Court on 23rd March 1993. Appointed as a Judge of the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 on 15th October 1999. During the above period, decided important matters under PIL pertaining to CRZ, financial matters under RBI and Banking Regulation Act; matters concerning the Constitutional validity of the 74th Amendment Act of 1992 dealing with Municipalities; matters under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976; matters concerning Mergers and Acquisitions; matters under Payment of Bonus Act; matters under Industrial Disputes Act. In addition to the above, dealt with matters under the Income Tax Act concerning Valuation of closing stocks, Accounting treatment to be given to Modvat Credit Convergence of Tax Accounting with Commercial Accounting, etc. As a Judge presiding over the Special Court has dealt with Civil and Criminal matters including matters concerning corroborative value to be given to the Report submitted by RBI and JPC vis-a-vis Evidence Act. As a Judge of the Special Court, has also dealt with Accounts and Finances of Banks and Financial Institutions as also accounts of the Share and Stock Brokers as also matters under Contempt o Courts Act where the Notified Parties had diverted their assets. As a Judge of the Special Court has framed Investment Schemes, Schemes dealing with Valuation and Disposal of Shares of Notified Parties as also Distributions of asset of the Notified Parties under the Act and declaring dividends to the Creditors of the Notified Parties.Appointed as Chief Justice of the Uttaranchal High Court on 5.8.2003. Elevated to the Bench of the Supreme Court of India on 18.12.2003.Has keen interest in Economics, Public Finance, Theoretical Physics and Hindu and Buddhist Philosophies. Due to retire on 29.09.2012 (F.N.).