High Court of Bombay

4,240 judgments

Year:

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

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