High Court of Bombay

4,240 judgments

Year:

Bhiwandi Powerloom Co-operative Society Ltd. v. The State of Maharashtra

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

The Bombay High Court dismissed the petition challenging the demand for extension fee under the 2019 Government Resolution, holding that the Petitioner is bound by the terms after availing extension benefits.

property petition_dismissed extension of time government land allotment Maharashtra Land Revenue Rules 1971 Government Resolution 2019

Chief Executive Officer, Sangli Zilla Parishad v. Maruti Pandurang Patil

31 Aug 2023 · Milind N. Jadhav

The High Court held that an employee's voluntary admission of misappropriation in a departmental enquiry justifies dismissal and negates claims of unfair labour practice, allowing the writ petition and setting aside the Labour and Industrial Court orders.

labor appeal_allowed Significant departmental enquiry admission of guilt misappropriation of funds unfair labour practice

Cosmos Constructions v. Municipal Corporation of the City of Thane

31 Aug 2023 · G.S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court quashed a municipal reservation condition on the petitioner's land, holding that the reservation did not subsist under the sanctioned Development Plan modifications and directed approval of the petitioner's building proposals.

administrative petition_allowed Significant Development Plan MHADA Housing Site-A Urban Land Ceiling Act Wednesbury unreasonableness

Mangesh Pandurang Bandagle v. The State of Maharashtra

31 Aug 2023 · A. S. Gadkari; Shivkumar Dige

The Bombay High Court modified the appellants' conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, reducing their sentence accordingly.

criminal sentence_modified Significant culpable homicide not amounting to murder Section 304 Part II IPC Section 302 IPC common intention

The Commissioner of Income Tax v. APL Co. Pte. Ltd.

30 Aug 2023 · K. R. Shriram; Dr. N. K. Gokhale
Cites 1 · Cited by 0

The Bombay High Court upheld the ITAT's ruling that shipping income under the India-Singapore DTAA is taxable only in Singapore without limitation under Article 24, relying on Singapore tax authority certification and established precedent.

tax appeal_dismissed Significant Double Taxation Avoidance Agreement Article 8 DTAA Article 24 DTAA shipping income

Shreeji Realty v. Brihanmumbai Municipal Corporation

30 Aug 2023 · G. S. Patel; Kamal Khata

The Bombay High Court quashed the mandatory MHCC NOC condition for redevelopment in the Fort Heritage Precinct as arbitrary and discriminatory, directing issuance of full permissions without MHCC approval in violation of Article 14.

administrative appeal_allowed Significant Article 14 heritage precinct Mumbai Heritage Conservation Committee Development Control and Promotion Regulations 2034

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