High Court of Bombay

5,131 judgments

Year:

Vinay B. Poddar v. Jayesh Pandya & Ashok Banwarilal Gupta

31 Aug 2023 · Sunil B. Shukre; Kamal Khata

The Bombay High Court dismissed review petitions challenging restoration of an appeal, holding that no error apparent on record justified review and upholding the exercise of judicial discretion in condoning delay.

civil petition_dismissed Significant review petition condonation of delay office objections discretionary order

Sandeep Sunil Kumar Lohariya v. State of Maharashtra

31 Aug 2023 · Anuja Rabhudessai · 2023:BHC-AS:25157

The Bombay High Court upheld the rejection of prosecution's belated application to produce additional evidence under Section 173(8) Cr.P.C., holding that evidence known but omitted from the chargesheet cannot be treated as fresh and allowing it at a late stage prejudices the accused and violates fair trial principles.

criminal appeal_dismissed Significant Section 173(8) Cr.P.C. further investigation additional evidence chargesheet

Shri Suryakant Pandurang Holmukhe v. The State of Maharashtra

31 Aug 2023 · Nitin W. Sambre; R.N. Laddha

The Bombay High Court quashed the charge sheet under Section 306 IPC against accused for lack of proximate instigation to suicide and due to unexplained delay in lodging the FIR.

criminal petition_allowed Significant Section 306 IPC Abetment to suicide Mens rea Harassment

Kailash Patil v. Vasant S. Jadhav

31 Aug 2023 · Jitendra Jain

The Bombay High Court allowed restoration of RERA appeals dismissed for non-filing of hard copies, holding that delay due to bonafide procedural confusion warrants leniency subject to strict costs and conditions.

civil appeal_allowed Significant RERA Act Section 44(2) appeal restoration condonation of delay

Kailash Patil v. Vasant S. Jadhav

31 Aug 2023 · Jitendra Jain · 2023:BHC-AS:25006

The Bombay High Court allowed restoration of RERA appeals dismissed for non-filing of hard copies after online filing, imposing strict costs and conditions due to inordinate delay in seeking restoration.

civil appeal_allowed Significant RERA Act appeal restoration condonation of delay

Arun Anshiram Dhotre & Ors. v. Union of India

31 Aug 2023 · Prithviraj K. Chavan
Cites 1 · Cited by 0

The High Court allowed the appeal directing compensation to the deceased passenger's parents under the Railways Act, holding the death as an untoward incident attracting strict liability of the railway administration.

civil appeal_allowed Significant Railways Act 1989 untoward incident strict liability compensation

Avinash Madhukar Kharat v. The State of Maharashtra

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

The Bombay High Court held that pre-deposit of 25% of the amount payable under Section 256 MLRC is not a precondition for filing or hearing an appeal under Section 247, and dismissed the impugned order rejecting the appeal for non-deposit.

administrative appeal_allowed Significant Maharashtra Land Revenue Code, 1966 Section 247 MLRC Section 256 MLRC appeal

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