High Court of Bombay

4,240 judgments

Year:

Agri Sprayers T.I.M Association v. The State of Maharashtra

23 Oct 2023 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court upheld the State Government's Special Action Plan procurement scheme, dismissing challenges based on the earlier DBT scheme and penalizing petitioners for abuse of process.

administrative appeal_dismissed Significant Government Resolution Direct Benefit Transfer Special Action Plan Procurement

Harshada Sawant v. State of Maharashtra

20 Oct 2023 · Milind N. Jadhav

The Bombay High Court held that testamentary disposition under a Will is not a transfer attracting unearned income levy, and conversion charges must be calculated based on the date of application, quashing demands based on outdated policies and later market values.

property petition_allowed Significant uneared income leasehold land testamentary disposition change of user premium

Syamala Raghunathan v. Srinivasan Vatsala

20 Oct 2023 · G.S. Patel

The Bombay High Court upheld the validity of a holograph Will executed by the testatrix in accordance with Section 63 of the Indian Succession Act, rejecting challenges on mental capacity and undue influence.

civil petition_allowed Significant holograph Will Indian Succession Act 1925 Section 63 testamentary capacity

Sunil Achyutrao Thete v. The State of Maharashtra

20 Oct 2023 · Bharati Dangre

The Bombay High Court held that prosecution sanction under the Prevention of Corruption Act must be granted by the competent authority after independent application of mind, and quashed the prosecution where sanction was issued mechanically under external dictation.

criminal appeal_allowed Significant sanction under Section 19 Prevention of Corruption Act, 1988 application of mind mechanical sanction

Jibhau Sukhdev Deore & Ors. v. Vishwas Ramchandra Dighavkar & Ors.

20 Oct 2023 · Sandeep V. Marne · 2023:BHC-AS:31510

The Bombay High Court held that correction of land consolidation schemes involving reallocation of land area is governed by Section 32 and must be sought within a reasonable time, dismissing a petition filed after 50 years as time barred.

property petition_dismissed Significant Maharashtra Prevention of Fragmentation and Consolidation of Land Holdings Act, 1947 Section 31A Section 32 Consolidation Scheme

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

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 2

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 1

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