High Court of Bombay

5,131 judgments

Year:

UPL Limited v. The Union of India

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

The Bombay High Court quashed a 12-year-old show cause notice for service tax due to inordinate and unjustified delay in adjudication, emphasizing strict adherence to statutory timelines and principles of natural justice.

administrative petition_allowed Significant show cause notice delay in adjudication Section 73 Finance Act 1994 service tax

Dhyan Investments & Trading Company Ltd. v. Central Bureau of Investigation

22 Aug 2023 · Sunil B. Shukre; M.M. Sathaye

The High Court held that while the petition to quash charges framed is maintainable under Article 226 and Section 482 CrPC due to absence of alternate remedy, the settlement between other parties does not extinguish criminal liability against the petitioners, and thus the criminal proceedings cannot be quashed.

criminal appeal_allowed Significant quashing of charge-sheet Article 226 Constitution Section 482 CrPC Special Court Act

Shivaji Punjaram Gaikwad v. The State of Maharashtra

21 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court acquitted the appellant of murder charges due to failure of the prosecution to establish a complete and reliable chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence last seen theory murder Section 302 IPC

M/s. Nav Maharashtra Cement Industries v. The Directorate of Industries

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

The Bombay High Court held that cancellation of sales tax incentive certificates without explicit scheme conditions and without proper authority under Section 41-C is illegal and must be prospective, quashing the impugned cancellations and recovery proceedings.

tax petition_allowed Significant Package Scheme of Incentives 1988 Eligibility Certificate Certificate of Entitlement Bombay Sales Tax Act 1959

Sakharam G. Mahadik & Another v. Swagat Builders and Developers & Others

19 Aug 2023 · Sharmila U. Deshmukh

The Bombay High Court allowed the revision applications and rejected the plaint in a civil suit challenging municipal corporation resolutions and seeking compensation, holding the suit barred by statutory limitation and non-disclosure of cause of action under Order 7 Rule 11 CPC.

civil appeal_allowed Significant Order 7 Rule 11 CPC Section 487 Maharashtra Municipal Corporation Act pre-suit notice limitation period

Jeetendra Gorakhnath Singh & Neetu Ojha Singh v. Yash Suresh Malani & Tanya Yash Malani

19 Aug 2023 · Sharmila U. Deshmukh
Cites 1 · Cited by 0

The High Court set aside the dismissal of an adoption petition and custody order, directing a full trial to determine validity of adoption under HAMA, emphasizing the necessity of actual giving and taking with consent and proper judicial inquiry.

family appeal_allowed Significant adoption Hindu Adoptions and Maintenance Act, 1956 valid adoption giving and taking ceremony

Trishul Media Entertainment v. Retrophiles Private Limited & Ors.

18 Aug 2023 · R.I. Chagla

The Bombay High Court dismissed the Plaintiff's claim for on-screen credits and representative suit status, holding that the Plaintiff was in material breach and lacked commonality of interest with its employees under Order I, Rule 8 CPC.

civil appeal_dismissed Significant on-screen credits VFX Studio Agreement uncured material breach Order I Rule 8 CPC

Sarveshwar Logistics Services Pvt. Ltd. v. Union of India

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

The Bombay High Court held that a new customs circular cannot be applied retrospectively to deny exemption from cost recovery charges, directing exemption from the date of the original application despite administrative delays.

administrative petition_allowed Significant Cost Recovery Charges Customs Cargo Service Provider Circular No.13/2009-Customs Circular No.2/2021-Customs

Deenbandhu Singh Shivsaran Singh v. Bharat Tarachand Bhaglat & Ors.

18 Aug 2023 · Abhay Ahuja

The Bombay High Court allowed the appeal to enhance compensation for death in a motor vehicle accident, applying the multiplier method and considering the deceased's potential income based on classmates' earnings.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Compensation Multiplier Loss of dependency

Sanjiv Manmohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd.

18 Aug 2023 · SOMASEKHAR SUNDARESAN, J.
Cites 2 · Cited by 0

The Bombay High Court held that arbitration clauses in accepted invoices constitute a valid arbitration agreement and referred the dispute to arbitration, limiting the Section 11 Court’s role to prima facie assessment.

commercial_arbitration appeal_allowed Significant arbitration agreement arbitration clause in invoices Section 11 Arbitration and Conciliation Act prima facie determination

Parekh Plastichem Distributors LLP v. Simplex Infrastructure Limited

12 Aug 2023 · Firdosh P. Pooniwalla · 2023:BHC-OS:9920

The Bombay High Court held that the arbitration clause in the main purchase orders governs the dispute, not the clause in the invoices, and dismissed the application for appointment of an arbitrator for lack of jurisdiction.

civil appeal_dismissed Significant Arbitration Clause Purchase Order Invoice Jurisdiction

Allarkha Ismail v. The State of Maharashtra

11 Aug 2023 · G.S. Kulkarni; R.N. Laddha

The Bombay High Court dismissed the writ petition challenging a deemed conveyance and redevelopment, holding that disputed title issues must be adjudicated in civil court and not in writ jurisdiction.

property appeal_dismissed Significant deemed conveyance writ jurisdiction title dispute Maharashtra Ownership Flats Act

Nitin Aganda Lade v. The State of Maharashtra

11 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed the appeal and acquitted the appellant in a murder case due to insufficient circumstantial evidence and denial of opportunity to cross-examine a key witness.

criminal appeal_allowed Significant circumstantial evidence last seen evidence Section 302 IPC cross-examination

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