High Court of Bombay

5,131 judgments

Year:

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

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23 Aug 2023 · N. J. Jamadar

The Bombay High Court held that ONGC, as a principal employer under Section 2(f)(i) of the Payment of Gratuity Act, is liable to pay gratuity to contract workers and that the Controlling Authority has jurisdiction to determine such liability, overruling the Appellate Authority's reliance on Cummins (I) Ltd.

labor appeal_allowed Significant Payment of Gratuity Act, 1972 Contract Labour Act, 1970 principal employer contract workers

Colossustex Private Limited & Ors. v. Union of India & Ors.

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

The Bombay High Court struck down the three-month time limit in Circular No.36/2010 for amendment of shipping bills as ultra vires Section 149 of the Customs Act, allowing petitioners' amendment requests to be considered on merits.

administrative petition_allowed Significant Customs Act, 1962 Section 149 amendment of shipping bills Circular No.36/2010

Sagar @ Nikhil Jagdish Kate v. The State of Maharashtra

23 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed bail to the appellant in a murder case under IPC and SCST Act due to contradictions in evidence and prolonged pre-trial custody, imposing strict conditions to safeguard the trial.

criminal appeal_allowed Significant bail contradiction in evidence dying declaration Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Anand Prakash Mittal v. State of Maharashtra

23 Aug 2023 · Bharati Dangre

The Bombay High Court held that a public servant deputed to a subsidiary company abroad retains public servant status, Indian courts have jurisdiction, and sufficient prima facie case exists to proceed to trial, dismissing the petition for discharge.

criminal petition_dismissed Significant public servant deputation subsidiary company jurisdiction

The State of Maharashtra v. Ajay Rajendra Pawar; Fulchand Kondiba Khade

23 Aug 2023 · Sunil B. Shukre; Manish Pitale

The Bombay High Court dismissed the State’s review petitions and directed implementation of a final refund order, holding that a ministerial order cannot be reviewed after High Court approval and condemning discriminatory State conduct.

administrative appeal_dismissed Significant review petition ministerial order jurisdiction discriminatory treatment

Vijayalaxmi Shrinivas Panditrao v. Deputy Conservator of Forest, Kolhapur

23 Aug 2023 · N. J. Jamadar

The Bombay High Court held that land judicially declared as agricultural and excluded from vesting as private forest cannot be designated as reserved forest without prior Central Government approval, allowing correction of mutation entries accordingly.

property petition_allowed Significant Maharashtra Private Forest (Acquisition) Act, 1975 Forest (Conservation) Act, 1980 Section 3(1) and 3(2) Section 6 determination

Sughosh Joshi v. Election Commission of India & Union of India

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

The Bombay High Court held that the Election Commission cannot refuse to hold a bye-election within six months on grounds of administrative difficulty and must ensure timely representation of a vacant parliamentary seat.

constitutional petition_allowed Significant bye-election casual vacancy Representation of People Act, 1951 Section 151A