High Court of Bombay

5,061 judgments

Year:

Santosh Sakharam Kamble v. The State of Maharashtra

28 Nov 2023 · Nitin B. Suryawanshi

The Bombay High Court acquitted appellants of abetment of suicide charges under Section 306 IPC due to lack of credible evidence and absence of mens rea.

criminal appeal_allowed Significant abetment of suicide Section 306 IPC mens rea instigation

Namdeo Nemaji Latpate v. Chief Executive Officer, Bhimjyoti Vidyalaya

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court set aside the ex parte disciplinary enquiry and termination of a private school teacher for violation of natural justice and directed his notional reinstatement and absorption as a surplus teacher.

labor appeal_allowed Significant disciplinary enquiry natural justice ex parte enquiry termination of service

Gundu Vishnu Chandam & Ors. v. The Government of Maharashtra & Ors.

28 Nov 2023 · MILIND N. JADHAV

The Bombay High Court set aside the Industrial Court's order granting permanency to seasonal workers who failed to complete 240 days of continuous service for five years, reaffirming the strict conditions under the Kalelkar Award and dismissing repeated claims on the same cause of action.

labor appeal_allowed Significant Kalelkar Award permanency seasonal employment unfair labour practices

M/s. Balaji Surgical v. State of Maharashtra

25 Nov 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J
Cites 0 · Cited by 1

The Bombay High Court held that a last-minute corrigendum introducing a mandatory "No Conviction Certificate" requirement without notice was arbitrary, and disqualification on that ground was set aside, directing fair consideration of the petitioner’s bid.

administrative appeal_allowed Significant tender process no conviction certificate corrigendum arbitrariness

Mahesh Mathuradas Ganatra v. Centralised Processing Center & Ors.

14 Nov 2023 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that the revenue cannot recover more than 20% of the tax demand before stay adjudication and directed refund of excess amount adjusted against the demand, emphasizing timely disposal of tax appeals.

tax petition_allowed Significant Income Tax Act, 1961 stay application tax demand refund adjustment

DCW Limited v. Assistant Commissioner of Income Tax

10 Nov 2023 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that reopening of income tax assessment beyond four years is impermissible where the assessee has fully disclosed material facts and the reopening is based on mere change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 32AC deduction Reopening of assessment Section 147

Asif Shaikh v. The Commissioner of Police Mumbai City

10 Nov 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed the petitioner’s preventive detention under the MPDA Act due to the State Government’s failure to consider his representation, violating Article 22(5) rights.

criminal petition_allowed Significant MPDA Act preventive detention representation against detention Article 22(5) Constitution of India

Swapan Nripesh Bhattacharya v. The State of Maharashtra

10 Nov 2023 · A. S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court dismissed the petition seeking further investigation and transfer of the case concerning the suicide of Soham Bhattacharya, holding that the police investigation was thorough and complete.

criminal petition_dismissed Section 174 Cr.P.C. investigation suicide Ganja influence

Sheezan Mohd. Khan v. State of Maharashtra & Ors.

10 Nov 2023 · A.S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court dismissed the application to quash charges under Section 306 IPC, holding that the allegations and material disclose a prima facie case of abetment of suicide requiring trial.

criminal petition_dismissed Significant Section 306 IPC Abetment of suicide Section 482 CrPC Quashing of chargesheet

Swararaj @ Raj Shrikant Thackeray v. State of Maharashtra

10 Nov 2023 · A.S. Gadkari; Sharmila U. Deshmukh

The High Court held that a notice under Section 149 Cr.P.C is not an order promulgated under Section 188 IPC and that cognizance of such offence requires a written complaint under Section 195(1)(a) Cr.P.C, quashing the prosecution for non-compliance.

criminal petition_allowed Significant Section 188 IPC Section 149 CrPC Section 195(1)(a) CrPC order promulgated

Shri Sudhakar Yashwant Warule v. The Gramsevak, Group Gram Panchayat Rasegaon

10 Nov 2023 · Sandeep V. Marne · 7 (2024) 2 ALL. MR 521

The Bombay High Court held that strict compliance with statutory procedure for resignation of Upa-Sarpanch is mandatory and set aside orders accepting a disputed resignation lacking proper acknowledgment, reinstating the petitioner.

administrative petition_allowed Significant Upa-Sarpanch resignation Maharashtra Village Panchayats Act 1959 Bombay Village Panchayats Resignation Rules 1965 strict compliance

Savita Shrimant Ghule v. Sangita Bibhishan Sanap

09 Nov 2023 · Madhav J. Jamdar

The Bombay High Court upheld the validity of a 'Motion of No Confidence' against a Sarpanch and Upa-Sarpanch, ruling that procedural defects do not invalidate the motion if statutory requirements are met and defects do not affect the merits.

administrative petition_dismissed Significant Motion of No Confidence Maharashtra Village Panchayats Act, 1959 Section 35 Section 44(3)

Unity Mall Premises Co-operative Society Ltd v. Vasai-Virar City Municipal Corporation & Ors.

09 Nov 2023 · G. S. Patel; Kamal Khata

The Bombay High Court held that unilateral amendments reducing essential parking amenities for a commercial mall without consent violate planning laws and public interest, quashing such amendments and restoring original parking provisions.

administrative appeal_allowed Significant commercial mall parking Maharashtra Regional Town Planning Act Unified Development Control and Promotion Regulations Municipal Corporation

Ramesh Sitaldas Dalal v. State of Maharashtra

09 Nov 2023 · Anuja Prabhudessai; N.R. Borkar
Cites 1 · Cited by 0

The Bombay High Court quashed the FIR and chargesheet against the petitioners in a matrimonial dispute, holding that allegations did not prima facie constitute offences and that freezing of their bank accounts was arbitrary and illegal.

criminal appeal_allowed Significant Section 498-A IPC quashing of FIR Section 482 CrPC freezing bank accounts

Danish Ali Jamaluddin Ahmed v. The State of Maharashtra

09 Nov 2023 · M. S. Karnik
Cites 2 · Cited by 0

The Bombay High Court allowed bail to an approver who complied with pardon conditions, balancing statutory detention mandates with constitutional liberty rights and witness protection laws.

criminal appeal_allowed Significant tender of pardon section 306 CrPC approver bail Article 21 Constitution of India

Ramona Pinto v. Deputy Commissioner of Income Tax – 23(3), Mumbai & Ors.

08 Nov 2023 · K. R. Shriram; Dr. Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court held that reassessment proceedings without proper jurisdiction are invalid and that amounts received by a partner upon retirement from a partnership firm pursuant to arbitration are not taxable income under the Income Tax Act, 1961.

tax appeal_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Partnership firm retirement

Maharashtra Power Generation Company Ltd. v. Knowledge Infrastructure Systems Pvt. Ltd.

08 Nov 2023 · R.I. Chagla

The Bombay High Court upheld the arbitral award in a coal supply dispute, affirming the Tribunal's contract interpretation, rejecting limitation and arbitrability challenges, and dismissing the petitioner's challenge under Section 34 of the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Commercial Arbitration Basic Customs Duty Contract Interpretation Liquidated Damages

The Commissioner, Municipal Corporation of Greater Mumbai v. Kachara Vahatuk Shramik Sangh

08 Nov 2023 · Milind N. Jadhav
Cites 2 · Cited by 0

The Court set aside the Industrial Tribunal's Award directing regularization of 580 temporary workers with MCGM, holding that permanency cannot be granted without following constitutional recruitment procedures and sanctioned posts.

labor appeal_allowed Significant regularization permanency temporary workers public employment

Santosh Tukaram Patil & Ors v Slum Rehabilitation Authority & Ors

07 Nov 2023 · G. S. Patel; Kamal Khata

The Bombay High Court upheld the validity of the Slum Rehabilitation Area declaration under Section 3C of the Maharashtra Slum Areas Act, dismissing the petitioners' challenge based on tenancy and authorization claims and limiting writ review to procedural compliance.

administrative petition_dismissed Significant Slum Rehabilitation Area Maharashtra Slum Areas Act 1971 Section 3C writ jurisdiction

Up-Sarpanch of Gram-Panchayat Shedsai v. State of Maharashtra

07 Nov 2023 · Madhav J. Jamdar

The Bombay High Court held that procedural non-compliance with meeting rules does not invalidate a no-confidence motion passed by the required majority under the Maharashtra Village Panchayats Act, 1959.

administrative appeal_allowed Significant no-confidence motion Maharashtra Village Panchayats Act, 1959 Bombay Village Panchayats (Meetings) Rules, 1959 Section 35(3)