High Court of Bombay

5,061 judgments

Year:

RKZB International v. The Union of India

30 Aug 2023 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court directed provisional release of seized imported goods under Section 110A of the Customs Act, 1962, emphasizing the statutory duty of Customs authorities to consider such requests expeditiously and fairly.

administrative petition_allowed Significant provisional release Customs Act 1962 Section 110A show cause notice

Ganesh Bhimrav Padalkar v. State of Maharashtra

30 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed bail to the appellant implicated late in a supplementary statement under serious charges, emphasizing the need for stringent conditions and trial court's independent adjudication.

criminal appeal_allowed Significant bail Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act supplementary statement FIR

Mohsin Anwar Khan @ Shaikh v. Commissioner of Police, Pune

30 Aug 2023 · Revati Mohite Dere; Gauri Godse · varsha 2023:BHC-AS:24867-DB

The Bombay High Court upheld a preventive detention order against the petitioner, ruling no unexplained delay or lack of public order threat, and rejecting challenges based on the merits of the underlying criminal case.

criminal petition_dismissed Significant preventive detention Maharashtra Prevention of Dangerous Activities Act, 1981 public order in-camera statements

India Realty Excellence Fund II LLP v. Gautam Jagdish Ahuja & Ors.

29 Aug 2023 · Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that a commercial suit for recovery under unconditional guarantees can proceed ex parte despite defendants' insolvency, without requiring the Official Assignee as a party.

civil appeal_allowed Significant Deeds of Guarantee Insolvency Order XXXVII CPC Official Assignee

Anjali Sales Corporation v. Binaykumar B. Shrivastava

29 Aug 2023 · Kamal Khata

The Bombay High Court granted summary decree to the plaintiff in a loan recovery suit, holding the defendant's defense implausible and unsupported by evidence.

civil appeal_allowed Summary Suit Order XXXVII Rule 2 CPC Promissory Notes Confirmation of Accounts

Mohammed Irfan Rehmatali Shaikh v. State of Maharashtra

29 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed bail to the appellant under UAPA, holding that the prosecution failed to establish prima facie knowledge or intent of terrorist activities, thus the statutory bar under Section 43-D(5) did not apply.

criminal appeal_allowed Significant UAPA Section 43-D(5) bail terrorist activities

Ketan Netaji Sutar & Ors. v. Surekha Netaji Sutar & Ors.

29 Aug 2023 · Prithviraj K. Chavan · 2023:BHC-AS:26103

The High Court upheld the trial court's decision that a second marriage without dissolution of the first is void, denying Succession Certificate and compassionate appointment to the alleged second wife.

civil appeal_dismissed Significant Hindu Marriage Act void marriage Succession Certificate Indian Succession Act

Abans Enterprises Ltd. v. Securities and Exchange Board of India

29 Aug 2023 · M.S. Sonak; Jitendra Jain

The Bombay High Court upheld the validity of SEBI Settlement Regulations empowering the Internal Committee to impose conditions precedent, dismissed the petition challenging their constitutionality, and affirmed SEBI's discretion in rejecting settlement applications.

administrative petition_dismissed Significant SEBI Settlement Regulations excessive delegation manifest arbitrariness conditions precedent

Mahesh Harsukhalal Dhuruva & Ors. v. Vishal Jhunjhunwalal & Ors.

28 Aug 2023 · Abhay Ahuja

The High Court modified the apportionment of negligence to 80% on the driver and 20% on the deceased pedestrian, increased compensation quantum including loss of consortium, and held that legal representatives can claim under Section 166 of the Motor Vehicles Act.

civil appeal_allowed Significant Motor Vehicles Act, 1988 contributory negligence pedestrian accident compensation quantum

State of Maharashtra v. Kasim @ Talaf Muktar Irani

28 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court held that police custody remand under the MCOC Act cannot be refused solely because the accused was arrested in an earlier MCOC case when the present case involves distinct offences, and quashed the order refusing custody remand.

criminal appeal_allowed Significant MCOC Act police custody remand distinct offences invocation of MCOC

Pratik Satish Lokhande v. State of Maharashtra

28 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court granted bail to the appellant in a serious assault case under the SC/ST Act due to prima facie inconsistencies in the prosecution's evidence and the appellant's lack of antecedents.

criminal appeal_allowed Significant bail SC/ST Act Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Section 14A

Arun Namdeo Ghorpade v. State of Maharashtra

28 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed cryptic discharge rejection and charge framing orders under the MCOC Act, directing the trial court to reconsider the discharge application with a reasoned order.

criminal appeal_allowed Significant discharge application Section 227 CrPC framing of charges reasoned order

Smita Rohit Gupta v. Principal Commissioner of Income Tax-1, Thane

28 Aug 2023 · K. R. Shriram; Dr. N. K. Gokhale

The Bombay High Court held that the Commissioner has wide powers under Section 264 of the Income-tax Act to revise orders including those processed under Section 143(1), and remanded the matter for fresh consideration after full hearing where the petitioner had paid tax under the Income Declaration Scheme.

tax remanded Significant Income Declaration Scheme 2016 Section 264 Income-tax Act revised return processing under Section 143(1)

Siemens Financial Services Pvt Ltd v. Deputy Commissioner of Income Tax

25 Aug 2023 · K. R. Shriram; Dr. N. K. Gokhale
Cites 2 · Cited by 0

The Bombay High Court quashed the reopening notice for AY 2016-17 due to invalid sanction by an unauthorized authority, holding that sanction must be granted by the specified authority under Section 151(ii) of the Income Tax Act.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Section 151 sanction Reassessment

Dr. Yogesh Keshav Bele v. Maharashtra Real Estate Regulatory Authority & Ors.

25 Aug 2023 · Jitendra Jain

The Bombay High Court held that an adjoining landowner who is not an allottee lacks locus standi as an 'aggrieved person' under the RERA Act to file complaints against a completed real estate project.

administrative appeal_dismissed Significant locus standi aggrieved person Real Estate (Regulation and Development) Act, 2016 Section 31 RERA

Sanvo Resorts Pvt. Ltd. & Ors. v. Shital Nilesh Deshmukh & Anr.

25 Aug 2023 · Jitendra Jain

The Bombay High Court upheld the promoter's liability to pay interest under Section 18 of the RERA Act for delay in possession, rejecting defenses based on regulatory delays and pre-agreement events.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 RERA delay in possession interest on delayed possession

Roshanlal C. Agarwal v. Sama Mohamad Sharif Dalvi

25 Aug 2023 · Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court upheld the promoter's liability to pay interest for delayed possession under Section 18(1) of the RERA Act and dismissed the appeal challenging the Regulatory Authority and Appellate Tribunal orders.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18(1) RERA interest for delay in possession termination of agreement

Globolive 3D Private Limited v. Union of India

24 Aug 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that specialized satellite-derived 3D model services qualify as export of services under the IGST Act, not as OIDAR services, entitling the petitioner to GST refund and setting aside the appellate order denying it.

tax appeal_allowed Significant export of services IGST Act 2017 OIDAR services place of supply

Trishala Vaibhav Jain v. Vaibhav Manoj Jain

24 Aug 2023 · Abhay Ahuja

The Bombay High Court allowed transfer of a divorce petition to a court more convenient for the financially dependent wife, emphasizing the wife's convenience over the husband's in matrimonial proceedings under Section 24 CPC.

family appeal_allowed Significant transfer of proceedings Section 24 CPC matrimonial dispute wife's convenience

Maharashtra State Road Transport Corporation Limited v. Shri Arjun Dattajirao Bhosale

24 Aug 2023 · Abhay Ahuja

The High Court upheld the Tribunal's finding of negligence against the MSRTC for the death of a minor boy in a bus accident, affirming compensation based on notional income and enhancing damages for loss of love and affection.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 negligence fatal accident compensation