High Court of Bombay

5,131 judgments

Year:

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)

Naresh Goyal v. Directorate of Enforcement

07 Nov 2023 · Revati Mohite Dere; Gauri Godse
Cites 2 · Cited by 0

The Bombay High Court dismissed the writ of habeas corpus petition challenging the petitioner’s arrest and detention under PMLA, holding that judicial custody pursuant to valid remand orders precludes maintainability of habeas corpus.

criminal petition_dismissed Significant writ of habeas corpus judicial custody remand orders Prevention of Money Laundering Act

Dattaprasad Narayan Kulkarni v. M/s. Auchtel Products Ltd.

07 Nov 2023 · Milind N. Jadhav

The High Court upheld the lawful termination of an employee for chronic unauthorized absence, rejecting claims of unfair labour practice and entitlement to back wages where the employee admitted alternate gainful employment.

labor petition_dismissed Significant unfair labour practice chronic absenteeism termination of employment principles of natural justice

The Deputy Conservator of Forest, Nashik Van Vibhag (E), Nasik v. Nasik Zilla Van Shramik Sangh

06 Nov 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's order granting permanency and benefits to forest workers engaged on daily wages for continuous service, declaring denial of such permanency as unfair labour practice.

labor appeal_dismissed Significant unfair labour practice permanency daily wage workers forest department

Ashok Dayabhai Shah & Ors. v. Securities and Exchange Board of India & Ors.

06 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court upheld minority shareholders' right to regulatory documents despite confidentiality claims, rejected restoration of a disposed writ petition amid settlement revocation, and emphasized fair conduct in litigation and compliance with statutory norms for buyback offers.

administrative appeal_dismissed Significant minority shareholders SEBI settlement order disclosure of documents Regulation 29 SEBI Settlement Regulations

Adhikshan Krushikhate, Maharashtra Rajya v. Vilas Hariba Kharade

04 Nov 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's order directing the State to grant permanency benefits to long-term temporary agricultural workers, holding their continued casual employment with intent to deny permanency as unfair labour practice under applicable labour laws.

labor appeal_dismissed Significant permanency benefits temporary workers unfair labour practice industry definition

Satish Panchariya v. The State of Maharashtra

04 Nov 2023 · A. S. Gadkari; Shyam C. Chandak

The High Court quashed a Magistrate's mechanically passed order directing investigation under Section 156(3) Cr.P.C. due to lack of authorization and non-application of mind, holding the complaint an abuse of process.

criminal appeal_allowed Significant Section 156(3) Cr.P.C. quashing of complaint authorization to file complaint abuse of process

Geeta S Rijhwani Nee Shobha C. Khanchandani v. Narendra C. Khanchandani

03 Nov 2023 · Sandeep V. Marne

The Bombay High Court upheld a temporary injunction protecting Plaintiffs' possession of a flat purchased in Defendant's name under an oral family arrangement, dismissing Defendant's appeal challenging the injunction.

civil appeal_dismissed Significant temporary injunction oral agreement specific performance possession

Dr. S.D. Nikam v. Gokhale Education Society Educational Trust

03 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that suspension of a university teacher on grounds of alleged moral turpitude arising from a motor vehicle accident was illegal, quashing the suspension and ordering reinstatement with back wages.

administrative appeal_allowed Significant moral turpitude suspension university statutes motor vehicle accident