High Court of Bombay

5,061 judgments

Year:

Subhash Shamrao Gaikwad v. State of Maharashtra

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

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC based on circumstantial evidence including motive, last seen together, and recovery of stolen money.

criminal appeal_dismissed Significant murder circumstantial evidence last seen together recovery of stolen property

Indian Oil Corporation v. Dattatray Eknath More

04 Aug 2023 · Sunil B. Shukre; Bharati Dangre

The Bombay High Court dismissed the review petition alleging fraud, holding that mere non-mention of earlier petitions without suppression of material facts does not amount to fraud on the Court.

civil petition_dismissed Significant fraud on court suppression of material facts review petition writ petition

Kalpataru Power Transmission Ltd. v. State of Maharashtra

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

The Bombay High Court quashed a review order disallowing tax deductions beyond the scope of the show cause notice and without satisfying statutory preconditions under the MVAT Act and Rules.

tax petition_allowed Significant Maharashtra Value Added Tax Act Section 25 MVAT Rule 58 MVAT Rules works contract

Harpal Singh v. Deepti Ajay Singh

03 Aug 2023 · ARIF S. DOCTOR · 2010 (7) Mh.L.J. 657
Cites 0 · Cited by 7

The Bombay High Court dismissed the suit for probate of a Will due to failure to prove due execution, testator's understanding, and presence of suspicious circumstances, denying probate to the Plaintiff.

civil petition_dismissed Significant Will Probate Indian Succession Act Due execution

Pandurang Raghunath Dhimte v. The State of Maharashtra

03 Aug 2023 · M. S. Karnik

The Bombay High Court acquitted two accused of corruption charges due to unreliable prosecution evidence and failure to prove demand and acceptance of bribe beyond reasonable doubt.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 7 PC Act Section 12 PC Act Section 13(2)(d) PC Act

Indo Count Industries Ltd. v. General Secretary, Shahu Sooth Kapad Kamgar Sangh

03 Aug 2023 · N. J. Jamadar

The Bombay High Court upheld an Industrial Court's interim order granting a 10% wage increase to workmen, holding that the employer's overall financial capacity and relevant factors justified the relief during the pendency of the industrial dispute.

labor appeal_dismissed Significant interim wage revision financial capacity to pay industrial dispute Maharashtra Industrial Relations Act, 1946

IFFCO Tokio General Insurance Co. Ltd. v. Manisha Tanaji Bhoir & Ors.

02 Aug 2023 · Abhay Ahuja

The Bombay High Court upheld the Motor Accident Claims Tribunal's award of compensation based on the deceased's highest income tax return closest to the date of death, rejecting the insurer's plea for averaging income or strict pleadings.

motor_vehicles_accident_compensation appeal_dismissed Significant Motor Vehicles Act Section 166 compensation income tax return

Laxmibai Murlidhar Chinchwade v. State of Maharashtra

02 Aug 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court held that a valid Purchase Notice under Section 127 of the MRTP Act leads to deemed de-reservation of land despite a draft revised development plan, requiring the State to notify lapsing of reservation.

property appeal_allowed Significant Purchase Notice Section 127 MRTP Act Deemed de-reservation Draft revised development plan

The Board of Control for Cricket in India v. Commissioner of Service Tax-1, Mumbai

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

The Bombay High Court dismissed BCCI's writ petition challenging the Customs Tribunal's refusal to rectify its order, holding that disputed facts and debatable legal points do not constitute mistakes apparent from the record under Section 35C(2) of the Central Excise Act.

tax petition_dismissed Significant rectification of mistake Section 35C(2) Central Excise Act export of service service tax

The Board of Control for Cricket in India v. Commissioner of Service Tax-1, Mumbai

01 Aug 2023 · G. S. Kulkarni; Jitendra Jain
Cites 0 · Cited by 4

The Bombay High Court held that appeals challenging the taxability of services under the Finance Act, 1994 lie exclusively before the Supreme Court under Section 35L of the Central Excise Act, 1944, and are not maintainable before the High Court.

tax appeal_dismissed Significant service tax taxability export of services Section 35L Central Excise Act

DCB Bank Ltd. v. Deputy Commissioner of Income Tax

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

The Bombay High Court held that reopening of income tax assessment after four years is impermissible without tangible material showing failure to disclose material facts, quashing the reopening notice and order against DCB Bank Ltd.

tax petition_allowed Significant Section 148 Income Tax Act Reopening of assessment Failure to disclose material facts Change of opinion

Kartik Sureshchandra Gandhi v. Asst. Commissioner of Income Tax

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

The Bombay High Court quashed the reassessment notice and related order for Assessment Year 2019-2020 due to invalid sanction under Section 151 caused by non-application of mind and incorrect authority granting approval.

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

Aurobindo Highway Services v. The State of Maharashtra

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

The Bombay High Court held that hiring tank trucks for petroleum transportation without transfer of effective control does not constitute sale by transfer of right to use goods under the MVAT Act, exempting such receipts from sales tax.

tax appeal_allowed Significant transfer of right to use goods Maharashtra Value Added Tax Act, 2002 sale under MVAT effective control

Aurobindo Highway Services v. The State of Maharashtra

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

The Bombay High Court held that hiring tank trucks for petroleum transportation without transfer of effective control does not amount to sale by transfer of right to use goods under the MVAT Act, exempting appellants from sales tax liability.

tax appeal_allowed Significant Maharashtra Value Added Tax Act, 2002 transfer of right to use goods sale under MVAT Act effective control

Mrunal Mandar Joshi v. State of Maharashtra

01 Aug 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court allowed a teacher's writ petition directing approval of her full-time appointment and payment of arrears, holding that procedural delays and initial roster non-verification cannot invalidate a substantively eligible appointment.

administrative petition_allowed Significant appointment approval reservation roster backlog vacancies part-time to full-time upgradation

Sunil Subhash Ekhande v State of Maharashtra & Ors

01 Aug 2023 · G. S. Patel; Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court dismissed writ petitions seeking retrospective full-time librarian status and benefits, holding that acceptance of benefits under the 2006 Government Resolution estops petitioners from challenging its conditions.

administrative petition_dismissed Significant part-time librarian full-time librarian Government Resolution 2006 Chiplunkar Committee

Pranali Yogesjh Karkhandis v. State of Maharashtra

01 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed a preventive detention order issued after an inordinate delay and reliance on questionable in-camera statements recorded post-bail, emphasizing the necessity of a live link and credible evidence for such detention.

criminal petition_allowed Significant preventive detention delay in detention order in-camera statements live link

Janki Suresh Bhandoola v. Ramesh T. Parasani

31 Jul 2023 · Arif S. Doctor

The Bombay High Court dismissed the suit for probate of a Will due to failure to prove due execution and the Testatrix's sound mind, amid suspicious circumstances surrounding the Will's preparation and attestation.

civil appeal_dismissed Significant Probate Will Indian Succession Act Section 63

Cummins India Limited v. Assistant Commissioner of Income Tax

28 Jul 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court allowed the appellant's appeal, holding that the Transfer Pricing Officer cannot apply different benchmarking methods to royalty payments when TNMM is accepted for all transactions, and that earlier binding Tribunal decisions on aggregation must be followed absent change in material facts.

tax appeal_allowed Significant transfer pricing arm's length price royalty payments aggregation of transactions

Aditya Birla Finance Ltd v. MVR Gas

28 Jul 2023 · Milind N. Jadhav

The Bombay High Court held that an arbitration invocation notice remains valid despite withdrawal of earlier proceedings but directed impounding and stamping of unstamped loan documents before enforcement of the arbitration agreement.

commercial_arbitration other Significant arbitration invocation unstamped instrument stamp duty Section 11 Arbitration Act