High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Jagannath @ Mahesh Nagnath Mane v. The State of Maharashtra

26 Aug 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 0 · Cited by 2

The Bombay High Court upheld the conviction for murder based on reliable dying declarations corroborated by medical and chemical evidence, dismissing the defence of accidental injury.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder kerosene burn

Usman @ Abdul Gadi Shaikh v. State of Maharashtra

26 Aug 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the appellant's criminal appeal, upholding his conviction and life sentence for the murder of his wife based on credible eyewitness and corroborative medical evidence.

criminal appeal_dismissed Section 302 IPC murder eyewitness testimony premeditation

M/s. Vijay Builders and Developers v. The Competent Authority, District Deputy Registrar Co-operative Societies

26 Aug 2022 · M. S. Karnik

The Bombay High Court quashed an order granting deemed conveyance for non-compliance with mandatory oral hearing requirements under MOFA, emphasizing adherence to natural justice despite COVID-19 restrictions.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership of Flats Act, 1963 principles of natural justice Competent Authority

Dinesh Singh Bhim Singh v. Vinod Shobhraj Gajaria & Anr.

26 Aug 2022 · Sandeep V. Marne

The High Court held that failure to show sufficient cause for omission of witnesses from the list under Order XVI Rule 1(3) CPC is a procedural lapse that does not bar summoning additional witnesses when necessary to serve justice.

civil petition_dismissed Significant Order XVI Rule 1 CPC witness summons sufficient cause procedural law

Vimal Trading v. National Faceless Assessment Centre

26 Aug 2022 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 0

The Bombay High Court quashed the income tax assessment and penalty orders for failure to grant mandatory personal hearing under Section 144B, affirming the fundamental right to be heard under Article 14.

tax petition_allowed Significant Income Tax Act, 1961 Section 143(3) Section 144B principles of natural justice

Bharat Petroleum Corporation Limited v. The Board of Trustees of the Port of Mumbai

25 Aug 2022 · K. R. Shriram; A. S. Doctor
Cites 1 · Cited by 1

The Bombay High Court held that licence fees paid under Way Leave Agreements for permission to lay and maintain pipelines on port land do not attract service tax as no port service is rendered by the Mumbai Port Trust.

tax petition_allowed Significant service tax port services Way Leave Agreement licence fee

The State of Maharashtra v. Aryarup Tourism Club Resorts Private Limited

25 Aug 2022 · G.S. Patel; Gauri Godse
Cites 2 · Cited by 0

The Bombay High Court held that the MPID Act does not override the Companies Act in liquidation matters, affirming that assets of companies in liquidation vest with the Official Liquidator and the MPID Act cannot supplant the company court's jurisdiction.

civil appeal_dismissed Significant MPID Act Companies Act Official Liquidator financial establishment

Mahendra Vasudeo Gavas v. State of Maharashtra

25 Aug 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the appellant's conviction for murdering his wife and assaulting a neighbor based on a consistent chain of circumstantial, medical, and forensic evidence despite hostile witnesses.

criminal appeal_dismissed Significant Section 302 IPC Section 324 IPC circumstantial evidence hostile witnesses

Amir Ismail Sayyad @ Billa v. The State of Maharashtra

25 Aug 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 1

The High Court modified the conviction from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, holding the child eyewitness testimony reliable and the appellant acted in heat of passion without premeditation.

criminal appeal_allowed Significant child witness testimony culpable homicide not amounting to murder Section 302 IPC Section 304 IPC

Mr. Dhanaraj Meghraj Rajpal v. American Express Banking Corporation

24 Aug 2022 · Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court upheld the trial court's order granting conditional leave to defend in a summary suit for recovery of an erroneously paid amount under a merchant agreement, dismissing the petition challenging the deposit condition.

civil petition_dismissed Significant summary suit leave to defend conditional leave erroneous payment

Sameedha Suhas Deshpande v. Chairman, Shri Dinesh Kumar Khara

23 Aug 2022 · Dipankar Datta, CJ; M. S. Karnik, J

The Bombay High Court held that probationary service counts towards qualifying service for pension under SBI’s voluntary retirement scheme, quashing SBI’s refusal to grant pension on excluding probation.

labor appeal_allowed Significant probationary service pension eligibility State Bank of India voluntary retirement scheme

M & G Global Services Pvt. Ltd v. Union of India

23 Aug 2022 · K.R. Shriram; Gauri Godse

The Bombay High Court held that interest under Section 11BB of the Central Excise Act is payable on delayed refunds from the expiry of three months from receipt of refund applications, regardless of delay caused by the revenue in raising objections.

tax petition_allowed Significant Section 11BB Central Excise Act interest on delayed refund CENVAT credit refund refund application defects

Jagdish @ Pintu Ratnakar Konherikar v. The State of Maharashtra

23 Aug 2022 · Revati Mohite Dere; Sharmila U. Deshmukh

The Bombay High Court set aside murder convictions due to non-compliance with mandatory provisions for recording confessions under Section 164 CrPC and lack of corroborative evidence.

criminal appeal_allowed Significant Section 164 CrPC confession voluntariness hostile witnesses recovery of weapons

M/s Shweta Infrastructure and Housing (I) Pvt. Ltd. v. State of Maharashtra and ors.

23 Aug 2022 · Abhay Ahuja

The Bombay High Court held that refund of stamp duty under the Maharashtra Stamp Act is permissible for a registered agreement for sale or development agreement cancelled within five years, regardless of instrument classification, and remanded the matter for fresh consideration.

civil appeal_allowed Significant Maharashtra Stamp Act, 1958 Section 47 Section 48 refund of stamp duty

Mansaram s/o Damu Ahire v. The State of Maharashtra

23 Aug 2022 · Sarang V. Kotwal

The Bombay High Court acquitted a police constable accused of bribery under the Prevention of Corruption Act due to irreconcilable discrepancies in prosecution evidence and failure to prove the charge beyond reasonable doubt.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 bribery trap case discrepancies in evidence

Dilip Dagdoba Zadbuke & Ors. v. Sadanand Arvind Khandagle

22 Aug 2022 · S. M. Modak

The High Court dismissed the appeal holding that legal representatives cannot file a counter claim beyond the deceased's defence and that failure to prove part performance under Section 53A justifies dismissal of possession claims based on oral agreement.

civil appeal_dismissed Significant Section 53A Transfer of Property Act part performance counter claim legal representatives

Madhukar Makaji Mudgul v. The State of Maharashtra

19 Aug 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of a deaf and dumb rape victim's brother-in-law, enhanced the sentence to the statutory minimum of seven years rigorous imprisonment, and affirmed the admissibility of victim's testimony through an expert interpreter under Section 119 of the Indian Evidence Act.

criminal appeal_allowed Significant rape Section 376 IPC deaf and dumb witness Section 119 Indian Evidence Act

Anil Kumar Singhal and Another v. State of Maharashtra and Others

19 Aug 2022 · N. J. Jamadar

The High Court dismissed the application to quash proceedings under sections 138 and 141 of the Negotiable Instruments Act, holding that the complaint contained sufficient averments of the applicants' responsibility as directors and no unimpeachable evidence negated their liability.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 141 Negotiable Instruments Act Section 482 CrPC Director liability

Nizar Noorali Rangara and Another v. State of Maharashtra and Others

19 Aug 2022 · N. J. Jamadar

The Bombay High Court held that criminal complaints under section 138 of the Negotiable Instruments Act are maintainable against a company wound up by consent terms, without requiring leave under section 446 of the Companies Act, and dismissed applications to quash such complaints.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 446 Companies Act Winding up by consent Liquidation

Allauddin v. The State of Maharashtra

19 Aug 2022 · A. S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of a husband for the murder of his wife based on circumstantial evidence and medical opinion ruling out suicidal hanging, emphasizing the burden on the accused to explain death when last seen together.

criminal appeal_dismissed Significant last seen together theory circumstantial evidence ligature strangulation suicidal hanging