High Court of Bombay

5,061 judgments

Year:

Mahesh Baburao Dhavale v. The State of Maharashtra

11 Aug 2023 · M. S. Karnik · 2023:BHC-AS:28806

The Bombay High Court set aside the trial court's direction to prosecute the victim's father for false evidence under Section 193 IPC in a POCSO case, holding that no preliminary inquiry was conducted and prosecution would be oppressive given the victim's trauma.

criminal appeal_allowed Significant POCSO Act false evidence Section 193 IPC Section 340 CrPC

Mahesh Bhimraj Jadhav v. The State of Maharashtra

11 Aug 2023 · Prithviraj K. Chavan

The High Court acquitted the appellant in a POCSO and rape case due to failure of the prosecution to prove the prosecutrix's minority and procedural lapses in DNA evidence collection, granting benefit of doubt.

criminal appeal_allowed Significant POCSO Act Section 376 IPC DNA evidence age proof

Vijay Choudhary v. State of Maharashtra

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

The Bombay High Court quashed an FIR under Sections 354-A and 509 IPC on grounds of mala fide intention, delay, and prior exoneration by the Internal Complaints Committee under the POSH Act, holding that continuation of investigation would be an abuse of process.

criminal petition_allowed Significant quashing of FIR Section 482 CrPC Article 226 Constitution sexual harassment

Asha Shivaji More v. The State of Maharashtra

11 Aug 2023 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court referred to a Larger Bench the issue of whether victims can maintain appeals against acquittals by Appellate Courts under proviso to Section 372 CrPC when accused has no appeal remedy against conviction by the Appellate Court.

criminal other Significant victim's appeal acquittal Appellate Court Section 372 CrPC

Shrikant Studios Pvt. Ltd. v. Mumbai Municipal Corporation & Ors.

10 Aug 2023 · Sunil B. Shukre; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court dismissed the review petition seeking unilateral modification of a consent order regarding land subdivision, holding that such modification requires consent of both parties and no error justifying review was shown.

civil petition_dismissed Significant review petition consent order modification of order Article 226

Union of India v. Smt. Umraobi

10 Aug 2023 · Prithviraj K. Chavan

The Bombay High Court dismissed the Union of India's appeal, upholding the trial court's finding of railway negligence and joint liability to pay compensation for a fatal level crossing accident.

civil appeal_dismissed Significant railway level crossing negligence compensation fatal accident

Namdev Mahadu Jambhulkar and Others v. State of Maharashtra and Others

10 Aug 2023 · N. J. Jamadar
Cites 0 · Cited by 1

The Bombay High Court allowed the writ petition restoring mutation entry in favor of the petitioners, holding that writ jurisdiction can be exercised despite alternative remedies to uphold final Civil Court adjudications on land title.

property appeal_allowed Significant writ jurisdiction alternative remedy mutation entry revenue record

Pr. Commissioner of Income Tax – 14 v. Music Broadcast Private Limited

09 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 3 · Cited by 0

The Bombay High Court upheld that compensation paid for premature termination of a contract is revenue expenditure, while non-compete fees constitute capital expenditure on an intangible asset eligible for depreciation.

tax appeal_dismissed Significant revenue expenditure capital expenditure non-compete fees restrictive covenant agreement

The Tulsidas Gopalji Charitable and Dhakleshwar Temple Trust v. State of Maharashtra & Ors.

09 Aug 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 0 · Cited by 1

The Bombay High Court held that failure to acquire land within six months of a purchase notice under Section 127 of the MRTP Act causes reservation to lapse, barring fresh reservation, and allowed the petitioner’s writ to declare the land de-reserved.

property petition_allowed Significant Maharashtra Regional Town Planning Act Section 127 reservation lapsing purchase notice

M/s. Daund Sugar Pvt. Ltd. v. The State of Maharashtra

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

The Bombay High Court held that the State Government cannot levy transport fees under Rule 19 of the Bombay Molasses Rules, 1955, as such fees lack a quid pro quo and are ultra vires, quashing the impugned notifications imposing these fees.

administrative petition_allowed Significant Bombay Molasses Rules, 1955 Rule 19 transport fee quid pro quo

Sarvajanik Education Society v. State of Maharashtra

09 Aug 2023 · M.M. Sathaye

The Bombay High Court upheld the deemed confirmation of a probationary teacher under the MEPS Act despite conversion of her post to part-time and non-approval by the Education Department, dismissing the Management's writ petition challenging reinstatement and back wages.

labor petition_dismissed Significant Maharashtra Employees of Private Schools Act probationary teacher deemed confirmation termination of service

Rukmini Dattatraya Tirawade & Vikram Hari Palkar v. State of Maharashtra

09 Aug 2023 · G. S. Kulkarni; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court dismissed the petition seeking allotment of deficit land on grounds of non-applicability of resettlement Acts to pre-1977 acquisition, exclusion of petitioners from statutory family definition, and delay barring the claim.

administrative petition_dismissed land acquisition resettlement Maharashtra Project Affected Persons Rehabilitation Act, 1999 delay and laches

Gulabrao Mahadeo Ghorpade v. Chandrakant Pandharinath Nehate

09 Aug 2023 · S. M. Modak

The Bombay High Court held that prosecution under Section 138 of the Negotiable Instruments Act is maintainable against an unlicensed money lender advancing loan by negotiable instruments, setting aside the trial court's acquittal.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Bombay Money Lenders Act business of money lending loan definition

Wintry Engineering & Chemicals Pvt. Ltd v. The State of Maharashtra

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

The Bombay High Court upheld the jurisdiction of Kalyan-Dombivali Municipal Corporation to levy LBT on the petitioner’s factory in Village Chole and dismissed writ petitions challenging assessment orders, directing the petitioner to pursue statutory appeals.

administrative petition_dismissed Significant Local Body Tax Maharashtra Municipal Corporation Act, 1949 jurisdiction Article 243Q

New India Assurance Co. Ltd. v. Shirdi Industries Limited

08 Aug 2023 · Sandeep V. Marne

The Bombay High Court upheld an arbitral award allowing 70% of the claimed loss for Hydraulic Oil and Thermic Fluid, affirming the Tribunal's power to appoint Experts and depart from Surveyor reports under the Arbitration and Insurance Acts.

civil appeal_dismissed Significant Arbitral Tribunal Expert appointment Surveyor report Insurance claim

Astec LifeSciences Ltd. v. Assistant Commissioner of Income Tax

07 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court quashed the reopening of income tax assessment after four years due to absence of failure to disclose material facts and held that change of opinion does not justify reassessment.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Bhupinder Singh Balwant Singh v. Rajiv Kutty & Anr.

07 Aug 2023 · Bharati Dangre
Cites 0 · Cited by 8

The Bombay High Court held that a unilateral right to appoint an arbitrator is void but severable, and exercised its power under Section 11(6) to appoint a sole arbitrator, upholding the validity of the arbitration agreement.

civil appeal_allowed Significant arbitration agreement unilateral appointment Section 11(6) Arbitration Act severability

Praveen Otarmal Parmar v. M/s. Abhiroop Associates

07 Aug 2023 · S. M. Modak

The Bombay High Court allowed the appeal against acquittal in a Section 138 NI Act case, holding that the trial court must consider limitation from the second notice date and afford opportunity to condone delay even without a formal prayer.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act condonation of delay limitation period presumption of service

Capacite Infraprojects Ltd v. T. Bhimjyani Realty Pvt Ltd

04 Aug 2023 · Bharati Dangre
Cites 0 · Cited by 1

The Bombay High Court held that failure to complete the contractually mandated Dispute Adjudication Board procedure precludes invoking arbitration under Section 11(6) of the Arbitration Act, dismissing the petition as premature.

commercial_arbitration petition_dismissed Significant Dispute Adjudication Board Arbitration and Conciliation Act 1996 Section 11(6) Pre-arbitration procedure

Shelf Drilling Ron Tappmeyer Limited v. Assistant Commissioner of Income Tax & Ors.

04 Aug 2023 · K.R. Shriram; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that the limitation period under Section 153(3) of the Income Tax Act applies to assessments under Section 144C, and since no final assessment order was passed within the prescribed time, the assessment is time-barred and the return must be accepted.

tax petition_allowed Significant Income Tax Act, 1961 Section 153 limitation Section 144C Dispute Resolution Panel Assessment Year 2014-15