High Court of Bombay

5,061 judgments

Year:

Indusind Bank Ltd. v. Income Tax Settlement Commission & Ors.

23 Jun 2023 · K.R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court held that interest on Government securities accrues only on specified due dates, set aside the Settlement Commission’s order taxing accrued but not due interest, and remanded the matter for fresh consideration with reasons.

tax appeal_allowed Significant Income Tax Act, 1961 Interest accrual Government securities Settlement Commission

Nutan Jaibharat Co-operative Housing Society Limited v. State of Maharashtra Legal Department

23 Jun 2023 · Milind N. Jadhav

The Bombay High Court set aside a Co-operative Court order restraining a housing society from finalizing redevelopment agreements, affirming the society's adherence to statutory procedures and democratic decision-making under the Maharashtra Co-operative Societies Act.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 79A Section 91 redevelopment

Shahazada Alisagar Bhaisaheb Kalimuddin v. Joint Charity Commissioner, Greater Mumbai

23 Jun 2023 · Milind N. Jadhav

The High Court quashed a composite order under Section 41D of the Maharashtra Public Trusts Act for failure to serve and hear all trustees individually, mandating strict compliance with procedural safeguards before suspending or removing trustees.

administrative appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 41D Charity Commissioner trustees

Suneel Dattatraya Mogre v. Prabhakar Baburao Thorat

23 Jun 2023 · ARIF S. DOCTOR

The Bombay High Court granted conditional leave to defend in a summary suit based on a dishonoured cheque, applying the presumption under Section 139 of the Negotiable Instruments Act but requiring the Defendant to deposit a substantial sum to proceed.

civil appeal_allowed Significant Negotiable Instruments Act Section 139 Dishonoured cheque Presumption of liability

P. G. Foils Ltd v. Director General (Special Safeguards)

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

The Bombay High Court held that safeguard duty cannot be collected without rules for assessment and collection, directed final assessment without interest, and upheld interim protections granted to the importer.

administrative appeal_allowed Significant Customs Tariff Act, 1975 Safeguard duty Assessment and collection Section 8C(6)

M/s. API Civilcon Private Limited v. Municipal Commissioner

22 Jun 2023 · Sunil B. Shukre; Jitendra Jain

The Bombay High Court held that defects cited in a tender were curable and ordered refund of the withheld 10% Earnest Money Deposit to the petitioner.

administrative appeal_allowed Significant Earnest Money Deposit Tender conditions Curable defect Non-curable defect

Jayendra Chandulal Thakkar v. State of Maharashtra

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

The Bombay High Court dismissed the petition challenging confiscation of undeclared foreign currency and penalty under the Customs Act, upholding concurrent findings of the Customs authorities and rejecting procedural and factual contentions.

criminal petition_dismissed Customs Act, 1962 foreign currency confiscation Section 102 Customs Act Article 227 Constitution

Goutam Gopal Jadhav v. The State of Maharashtra

22 Jun 2023 · R.N. Laddha

The High Court upheld the conviction of the accused under Sections 335 and 452 IPC based on reliable injured witness testimony, corroborated medical and circumstantial evidence, and admissible discovery under Section 27 Evidence Act.

criminal appeal_dismissed Significant injured witness Section 27 Evidence Act discovery circumstantial evidence

Hemant Dhirajlal Banker v. State of Maharashtra

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

The Bombay High Court quashed FIRs and MCOC Act proceedings against Hemant and Meenakshi Banker, holding that the essential ingredients of extortion and organized crime offences were not prima facie made out.

criminal appeal_allowed Significant extortion Section 387 IPC criminal conspiracy Section 120B IPC

Commissioner Of Income Tax (IT) - 2 v. M/s Citicorp Investment Bank (Singapore) Ltd.

21 Jun 2023 · K.R. Shriram; Firdosh P Pooniwalla

The Bombay High Court upheld the ITAT order granting exemption of capital gains under Article 13(4) of the India-Singapore DTAA without applying the repatriation limitation under Article 24, relying on a certificate from Singapore tax authorities confirming taxation of worldwide income.

tax appeal_dismissed Significant Double Taxation Avoidance Agreement Article 13(4) Article 24 capital gains

Commissioner of Income Tax (IT)-2 v. M/s. Colgate Palmolive Marketing SDN BHD

21 Jun 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court upheld the ITAT ruling that payments for access to a SAP system do not constitute taxable royalty under the Income Tax Act for AY 1999-2000, and without a Permanent Establishment in India, business profits are not taxable under the India-Malaysia DTAA.

tax appeal_dismissed Significant royalty Income Tax Act 1961 Section 9(1)(vi) equipment royalty

Chandrakant Nivrutti Pagar v. The State of Maharashtra

21 Jun 2023 · Prakash D. Naik

The Bombay High Court acquitted a Talathi accused of corruption due to failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt, emphasizing the necessity of reliable evidence for conviction under the Prevention of Corruption Act.

criminal appeal_allowed Significant Prevention of Corruption Act Section 7 Section 13(1)(d) demand and acceptance of bribe

Moinuddin Pashamiya Shaikh v. Slum Rehabilitation Authority

20 Jun 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court directs strict enforcement against illegal occupation and trafficking of slum rehabilitation tenements, mandates fixing of transit rent, and emphasizes constitutional and statutory compliance in slum redevelopment schemes.

administrative other Significant Slum Rehabilitation Authority Transit Rent Maharashtra Slum Areas Act 1971 Section 3E

Manjula D. Rita v. Principal Commissioner of Income Tax 12, Mumbai

19 Jun 2023 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The High Court quashed orders holding a deceased Director liable under Section 179 of the Income Tax Act for non-recovery of tax dues due to failure to serve notice and provide opportunity, emphasizing procedural fairness and statutory compliance.

tax appeal_allowed Significant Section 179 Income Tax Act Section 264 Income Tax Act Director liability Non-recovery of tax dues

Shri Rajendra v. The State of Maharashtra & Anr.

16 Jun 2023 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 2 · Cited by 0

The High Court set aside the Tribunal's interim order reinstating Respondent No. 2 to a post already taken over by the petitioner, holding that interim mandatory injunctions require a strong case and the Tribunal exceeded its jurisdiction.

administrative appeal_allowed Significant interim mandatory injunction transfer order status quo ante government servant posting

Dr. Ravindra alias Satish Vithal Rananavare v. Avinash Vithal Rananavare

16 Jun 2023 · Arif S. Doctor

The Bombay High Court dismissed the testamentary petition, holding that the plaintiffs failed to prove due execution of the Will under Section 63 of the Indian Succession Act amid suspicious circumstances and inadequate evidence.

family appeal_dismissed Significant Will execution Indian Succession Act Section 63 testamentary capacity proof of Will

PVR Ltd. v. Proetus Ventures LLP

16 Jun 2023 · ARIF S. DOCTOR

The Bombay High Court held that jurisdiction lies in Maharashtra despite a Delhi jurisdiction clause, partners of an LLP are not personally liable absent wrongful acts, and granted summary decree against the LLP for unpaid invoices.

civil appeal_allowed Significant summary suit invoice as contract jurisdiction clause limited liability partnership

Omprakash Nagoja v. Ranger Forest, Bombay Range Office

16 Jun 2023 · G. S. Kulkarni; Rajesh S. Patil

The Bombay High Court upheld the Forest Department's authority to levy transit fees on imported timber transported from JNPT port to C.F.S. Mulund under the Indian Forest Act and Bombay Forest Rules, dismissing the petition challenging the demand.

administrative petition_dismissed Significant Indian Forest Act, 1927 Bombay Forest Rules, 1942 transit fees forest produce

Pandit @ Baban Chimaji Bhutekar v. The State of Maharashtra

16 Jun 2023 · A. S. Gadkari; Prakash D. Naik

The High Court modified the appellants' conviction from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, sentencing them accordingly and ordering their release after considering the evidence and legal principles.

criminal appeal_allowed Significant Exception 4 to Section 300 IPC culpable homicide not amounting to murder common intention premeditation

Shree Nasik Panchavati Panjrapole v. The District Collector

16 Jun 2023 · M.S. Sonak; Jitendra Jain

The Bombay High Court quashed the land acquisition award for failure to provide mandatory 30-day notice and personal hearing under the 2013 Act, emphasizing the essential right to be heard before deprivation of property.

administrative appeal_allowed Significant Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 Section 21(2) Section 23