High Court of Bombay

5,061 judgments

Year:

Trinity Landmarks LLP v. State of Maharashtra

20 Oct 2023 · Sunil B. Shukre; Rajesh S. Patil

The Bombay High Court held that the 2015 aviation height restriction notification does not apply retrospectively to a construction project with prior planning permission, quashing the imposed NOC requirement and allowing the project to proceed.

administrative petition_allowed Significant 2015 Notification GSR 751(E) 2010 Notification No Objection Certificate (NOC) Aircraft Act 1934

Commissioner of CGST & Central Excise v. Huhtamaki PPL Ltd

20 Oct 2023 · M. S. Sonak; Jitendra Jain

The Bombay High Court upheld the Tribunal's order allowing CENVAT Credit on exempted engraved cylinders where excise duty was paid by the supplier and not challenged, dismissing the Revenue's appeal.

tax appeal_dismissed Significant CENVAT Credit Central Excise Act, 1944 Section 11D exempted goods

Sachin Shrikant Navgire v. The State of Maharashtra

18 Oct 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court acquitted appellants of murder and related charges due to unreliable recovery evidence and failure to prove guilt beyond reasonable doubt in a circumstantial evidence case.

criminal appeal_allowed Significant circumstantial evidence recovery of stolen property murder Section 302 IPC

M/s. Sai Trading Company v. The District Controller and Collector of Stamps, Sangli

18 Oct 2023 · Jitendra Jain

The Bombay High Court held that an agreement outsourcing octroi collection constitutes a lease under Section 2(n)(iii) of the Maharashtra Stamp Act and is liable to stamp duty, remanding the duty calculation for reconsideration.

tax appeal_dismissed Significant Maharashtra Stamp Act lease definition toll octroi

Maharashtra State Road Transport Corporation v. Bhupal Madhukar Pol

18 Oct 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that acquittal in a criminal case does not bar disciplinary action in departmental enquiry where charges are proved on preponderance of probability, restoring the penalty imposed on a driver found with liquor bottles in his bus cabin.

labor appeal_allowed Significant departmental enquiry preponderance of probability criminal acquittal Bombay Prohibition Act

Kashinath Pandurang Jadhav v. The State of Maharashtra

18 Oct 2023 · M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court held that invocation of Section 409 IPC, which prescribes imprisonment for life or up to 10 years, extends the charge-sheet filing period to 90 days under Section 167(2)(a)(i) Cr.P.C., denying default bail to accused after 60 days.

criminal appeal_dismissed Significant default bail Section 167 CrPC Section 409 IPC criminal breach of trust

GTI Infotel Private Limited v. Hindustan Petroleum Corporation Ltd.

18 Oct 2023 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.

The court dismissed the writ petition, holding that an MSE bidder must explicitly opt for purchase preference during bid submission to avail its benefits, and judicial interference in the tender process was unwarranted given the petitioner's failure and delay.

administrative petition_dismissed Significant Micro and Small Enterprises (MSE) policy purchase preference Government e-Marketplace (GeM) tender process

Ashapura Steel Metal v. Union of India

17 Oct 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court upheld the State Tax Officer's jurisdiction to block input tax credit under CGST and MGST Acts but quashed the summary rejection of the petitioner's objections, directing a fair hearing and reasoned order.

tax appeal_allowed Significant input tax credit Rule 86-A CGST Rules Maharashtra GST Act jurisdiction of State Tax Officer

Indumati Borse v. Pune Municipal Corporation & Ors.

17 Oct 2023 · G. S. Patel; Kamal Khata
Cites 0 · Cited by 18

The Bombay High Court upheld the Pune Municipal Corporation's lawful discretion to install and relocate a public statue on acquired land, dismissing the petition challenging it as motivated by private commercial interests without legal basis.

administrative petition_dismissed Significant Maharashtra Municipal Corporation Act, 1949 statue installation public purpose municipal corporation powers

Ashapura Minechem Ltd. v. Indian Bureau of Mines & Ors.

17 Oct 2023 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 1

The court upheld the statutory cut-off date for mining lease execution under the Mines Act, dismissed the petitioner’s claim of retrospective application of amendments, and held the mining lease invalid for non-compliance with mandatory conditions including environmental clearance.

administrative petition_dismissed Significant Mines and Minerals (Development and Regulation) Act, 1957 Section 10A(2)(c) Section 4A(4) mining lease lapse

Prestige Estate Projects Ltd v. State of Maharashtra & Ors

16 Oct 2023 · G. S. Patel; Kamal Khata

The Bombay High Court held that the concessional premium rebate for additional FSI granted during COVID-19 is valid only during the IoD's statutory validity, and upon lapse, developers must pay premium at prevailing rates for revalidation.

administrative appeal_dismissed Significant Floor Space Index Additional FSI premium Government Resolution 2021 Intimation of Disapproval

Omkar Dattatraya Dangat v. State of Maharashtra

16 Oct 2023 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction under IPC and POCSO, holding that a birth certificate is sufficient proof of minority and the appellant's consent defense is immaterial under the POCSO Act.

criminal appeal_dismissed Significant POCSO Act minor birth certificate Section 35 Indian Evidence Act

Vikas BabbarSingh Itkan v. The State of Maharashtra

16 Oct 2023 · M. S. Karnik · 2023:BHC-AS:31040

The Bombay High Court held that possession of exactly 1 kg of charas is intermediate quantity under the NDPS Act, allowing bail with conditions as Section 37 rigours do not apply.

criminal appeal_allowed Significant NDPS Act commercial quantity intermediate quantity charas

Pramod R. Agrawal v. Principal Commissioner of Income Tax-5

13 Oct 2023 · K.R. Shriram; Rajesh S. Patil
Cites 1 · Cited by 3

The Bombay High Court held that the Commissioner has wide powers under Section 264 of the Income Tax Act to revise orders and grant relief even for claims not made in the original return, remanding the matter for fresh consideration.

tax appeal_allowed Significant Section 264 Income Tax Act Revisionary powers Indexed cost of improvement Rectification under Section 154

Swiss Re Services India Pvt Ltd v. Deputy Commissioner of Income Tax

13 Oct 2023 · K.R. Shriram; Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court held that entrance and subscription fees for club membership are revenue expenditure deductible under Section 37(1) of the Income Tax Act, quashing the reassessment notice issued under Section 148.

tax petition_allowed Significant Income Tax Act 1961 Section 37(1) Section 148 Revenue expenditure

Shri Ramdas Baburao Avhad & Ors. v. The State of Maharashtra & Ors.

13 Oct 2023 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court held that the Competent Authority under the National Highways Act cannot review its own order or delay compensation payment based on interim circulars, directing immediate release of enhanced compensation to landowners.

administrative petition_allowed Significant National Highways Act, 1956 Compensation Land Acquisition Competent Authority

Sandeep Uttam Bodke v. The State of Maharashtra

12 Oct 2023 · Milind N. Jadhav

The Bombay High Court quashed MHADA's cancellation of allotment for non-payment due to procedural lapses and Covid-related extensions, directing payment with interest and possession to the petitioner.

administrative petition_allowed Significant MHADA allotment Regulation 18(1) extension of time Covid-19 limitation extension

Kalimun Balaso Nadaf v. Ld. District Collector, Kolhapur

12 Oct 2023 · Madhav J. Jamdar

The court held that Panchayat members' resignations take effect only after being placed before a valid meeting and expiry of prescribed periods, validating their participation in a subsequent no-confidence motion.

administrative petition_dismissed Significant resignation Maharashtra Village Panchayats Act Section 29 Motion of No Confidence

Sameer Baijanath Joshi v. The Union of India

11 Oct 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla

The Bombay High Court held that redevelopment of a permanent structure existing prior to the 1976 Defence Notification is permissible up to 15 metres without requiring Defence NOC, balancing Defence restrictions with property rights.

property petition_allowed Significant Works of Defence Act, 1903 1976 Notification redevelopment permanent construction

The Institute of Chartered Accountants of India v. Sudhir M. Desai

11 Oct 2023 · K.R. Shriram; Neela Gokhale
Cites 0 · Cited by 4

The High Court quashed the ICAI Council's unreasoned disciplinary order removing a member's name for carrying on business without permission, emphasizing the need for independent findings and reasons in professional misconduct proceedings.

professional_regulatory petition_allowed Significant Chartered Accountants Act 1949 professional misconduct disciplinary proceedings natural justice