High Court of Bombay

5,061 judgments

Year:

Vishal Laxman Sakhare v. The State of Maharashtra & Ors.

21 Sep 2023 · GS Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court set aside the disqualification of a Gram Panchayat member for alleged tax default, holding that liability rests with the property owner at the relevant time and emphasizing the application of Wednesbury unreasonableness and proportionality in administrative decisions.

administrative petition_allowed Significant Maharashtra Village Panchayats Act, 1958 disqualification Section 14(1)(h) tax liability

Kalpana Madhu Gavali & Ors. v. Maharashtra State Road Transport Corporation

21 Sep 2023 · Abhay Ahuja

The Bombay High Court allowed enhancement of compensation to the family of a deceased agricultural labourer in a motor accident by applying future prospects and increasing conventional heads, following Supreme Court precedents.

civil appeal_allowed Significant Motor Vehicles Act, 1988 future prospects notional income agricultural labourer

Play Games 24X7 Pvt. Ltd. v. Loran Leasing And Infotech Pvt. Ltd.

20 Sep 2023 · Kamal Khata

The Bombay High Court granted conditional leave to defend a summary suit for refund of security deposit delayed due to COVID-19 lockdown, rejecting the licensor's claim of forfeiture without adjudication.

civil appeal_allowed Significant Leave and License Agreement Security deposit refund Summary suit COVID-19 lockdown

Vaibhav Subhash Raut v. The State of Maharashtra

20 Sep 2023 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court granted bail to an accused under UAPA after prolonged incarceration and trial delay, emphasizing the balance between statutory restrictions and constitutional rights.

criminal appeal_allowed Significant bail under UAPA prolonged incarceration parity with co-accused prima facie evidence

Unnat Nagar Division 3 Co-operative Housing Society Limited v. State of Maharashtra

18 Sep 2023 · Sandeep V. Marne

The Bombay High Court upheld the bifurcation of a cooperative housing society under Section 18 of the MCS Act, holding that substantial compliance with procedural requirements including consultation with the Federal Society validates the subdivision despite minor procedural deviations.

property petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 18 Rule 17 bifurcation of cooperative society

Vaman Prestressing Co. Pvt. Ltd. v. The Additional Commissioner of Income Tax

15 Sep 2023 · K.R. Shriram; Dr. N.K. Gokhale

The Bombay High Court held that reopening income tax assessments under Section 147 requires a genuine reason to believe income escaped assessment, and interest on borrowed funds advanced interest-free to associate concerns is deductible if made as a measure of commercial expediency.

tax petition_allowed Significant Section 147 Income Tax Act Section 148 Income Tax Act Section 36(1)(iii) deduction commercial expediency

Neetu M. Chandaliya v. Income Tax Officer – 14(2)(3)

15 Sep 2023 · K. R. Shriram; Dr. N. K. Gokhale
Cites 1 · Cited by 4

The Bombay High Court quashed reopening notices under Section 148 of the Income Tax Act for lack of valid reason to believe that income had escaped assessment, emphasizing the AO's duty to apply independent mind and not act on mere suspicion or borrowed satisfaction.

tax appeal_allowed Significant Section 147 Income Tax Act reopening assessment reason to believe borrowed satisfaction

Milind Dashrath Narvekar v. State of Maharashtra & Ors.

15 Sep 2023 · GS Patel; Kamal Khata

The Bombay High Court held that the State Government and MHADA cannot impose reservation and advertisement conditions on the allotment of land to a cooperative housing society of High Court employees after giving undertakings accepted by the Court, affirming the society's entitlement to full development potential on the allotted land.

administrative petition_allowed Significant MHADA Regulation 13(2) Reservation of tenements Legitimate expectation Public land allotment

Priyanka Rahul Patil v. Rahul Ravindra Patil

15 Sep 2023 · Abhay Ahuja

The Bombay High Court allowed transfer of divorce proceedings to the wife's local court, prioritizing her convenience and health over the husband's willingness to bear travel expenses.

family appeal_allowed Significant transfer of proceedings convenience of wife Section 24 CPC divorce proceedings

Baburao Madahv Patil v. Shashikal Ramchandra Pimple & Ors.

15 Sep 2023 · Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court dismissed the application for restoration of a civil application and refused stay of execution since the underlying second appeal was dismissed and not restored.

civil petition_dismissed Second Appeal Restoration Dismissal Office Objections

Jitendrakumar Jogendra Shahu @ Sahu v. The State of Maharashtra

15 Sep 2023 · Anuja Prabhudessai; N. R. Borkar
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellants of murder and robbery charges due to insufficient circumstantial evidence and unreliable recoveries, emphasizing the necessity of a complete evidentiary chain to exclude all reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence disclosure statement recovery of stolen property benefit of doubt

The State of Maharashtra v. Amit Surendra Mittal

15 Sep 2023 · Jitendra Jain, J.

The Bombay High Court dismissed the State's appeal upholding acquittal due to failure to prove mandatory service of notice and ownership under section 53(1) of the MRTP Act.

criminal appeal_dismissed Significant Maharashtra Regional and Town Planning Act Section 53(1) unauthorized change of use service of notice

Shri Chhatrapati Rajaram Co-operative Housing Society Ltd. v. The Municipal Corporation of City of Pune

15 Sep 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court held that a landowner is entitled to Transferable Development Rights for land reserved for a Development Plan road if no compensation has been paid and the land has not been declared a public street under Section 224 of the MMC Act.

property appeal_allowed Significant Transferable Development Rights TDR Development Plan road Maharashtra Regional and Town Planning Act

Sayajirao Narayan Takwane v. Divisional Joint Registrar, Co-operative Societies, Pune Division

15 Sep 2023 · Sandeep V. Marne

The Bombay High Court held that orders directing re-audit and auditor's findings are administrative and not subject to revision under Section 154 of the Maharashtra Co-operative Societies Act, setting aside the revision against the re-audit report and directing appeal against enquiry orders to be decided on merits.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 81 audit re-audit Section 154 revision

Faizal Hasamali Mirza @ Kasib v. The State of Maharashtra & Ors.

14 Sep 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court held that the 90-day limitation period for appeals under Section 21(5) of the NIA Act is directory, allowing courts discretion to condone delay beyond 90 days upon sufficient cause, upholding the fundamental right of appeal under Article 21.

criminal appeal_allowed Significant National Investigation Agency Act, 2008 Section 21(5) condonation of delay right of appeal

Tejashree Mangilal Dambale v. The Scheduled Tribe Certificate Scrutiny Committee, Nashik & Ors.

14 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla
Cites 0 · Cited by 1

The Bombay High Court held that a Scheduled Tribe Certificate Scrutiny Committee cannot reject a Validity Certificate granted to a blood relative without proof of fraud or jurisdictional defect and directed issuance of a Tribe Validity Certificate to the petitioner.

administrative appeal_allowed Significant Scheduled Tribe Certificate Validity Certificate Scrutiny Committee Vigilance Cell enquiry

Jui Shivaji Sarjerao v. State of Maharashtra

14 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla

The Bombay High Court held that the oldest historical entries showing the petitioner’s ancestors as belonging to the Thakar Scheduled Tribe must be accepted, setting aside the Scrutiny Committee’s order and directing issuance of a tribe validity certificate.

administrative petition_allowed Significant Scheduled Tribe Certificate Thakar Tribe Caste entries Oldest entry principle

Shilpchintamani Co-operative Housing Soc. Ltd. v. Prasad Govindrao Jamdar

14 Sep 2023 · Sunil B. Shukre; Manish Pitale; Rajesh S. Patil

The Bombay High Court Full Bench upheld that a second revision application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is not maintainable, affirming exclusive revisional jurisdiction and distinguishing conflicting Supreme Court precedents based on differing statutory language.

administrative other Significant Maharashtra Co-operative Societies Act, 1960 Section 154 revisional jurisdiction second revision maintainability

P. N. Gadgil & Sons Ltd. v. Union of India

13 Sep 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that a petitioner is ineligible for the Sabka Vishwas Scheme benefit if the department has not quantified the duty payable before the cut-off date, and upheld rejection of the petitioner's application accordingly.

tax petition_dismissed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 quantification of duty eligibility under SVLDR Scheme excise duty

M/s. J.W. Marriott Juhu v. Nilesh Kanojia & Anr.

13 Sep 2023 · Sandeep V. Marne

The High Court set aside the Labour and Industrial Court orders directing reinstatement of an employee dismissed for theft and misconduct, holding dismissal justified and awarding lumpsum compensation instead.

labor appeal_allowed Significant unfair labour practices theft disciplinary enquiry reinstatement