High Court of Bombay
5,061 judgments
Vilas Ashok Aawale v. The State of Maharashtra
The Bombay High Court quashed a preventive detention order due to material inconsistencies between its English and Marathi versions, violating the detenu's constitutional right to effective representation under Article 22(5).
Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit v. State of Maharashtra
The Bombay High Court upheld the revision order exonerating a cooperative society office bearer from sole liability for financial loss caused by fraudulent loans, emphasizing collective responsibility and authorized cheque signing.
Sukumar Bhoja Shetty v. Ganapal Bhoja Shetty
The Bombay High Court dismissed the petition seeking stay of execution of a final partition decree on the ground that a separate Testamentary Suit propounding a Will filed belatedly cannot override an unchallenged final decree.
Usha Hiralal Kanojia v. Jayshree Mangesh Chauhan
The High Court upheld the acquittal of the accused in a cheque dishonor case, holding that the accused successfully rebutted the presumption under Section 139 of the Negotiable Instruments Act by adducing positive evidence.
Shriprakash Ramshringar Pandey v. Income Tax Officer – 14(3)(4), Mumbai
The Bombay High Court held that reopening an income tax assessment beyond four years is impermissible without failure to disclose material facts, and a mere change of opinion does not justify reopening under section 147.
Prakash B. Kamat v. Principal Commissioner of Income-tax-10 & Ors.
The Bombay High Court held that a director of a private company cannot be held liable for the company's tax dues under Section 179(1) of the Income Tax Act without proof of gross neglect or misfeasance and quashed tax recovery orders against a director removed prior to the demand.
Girish Vinodchandra Dhruva and Ors. v. Smt. Neena Paresh Shah and Ors.
The Bombay High Court upheld a decree for specific performance of a sale agreement, holding that the power of attorney holder was competent to testify, time was essence of the contract, and the Plaintiffs were ready and willing to perform their obligations.
Mahindra and Mahindra Ltd. v. Commissioner of Income Tax
The Bombay High Court held that expenses and write-offs relating to a subsidiary company incurred on commercial expediency are deductible business losses under Section 28 of the Income Tax Act, 1961.
Yes Bank Limited v. Union of India
The Bombay High Court held that the requirement of a joint application for refund of court fees under DRT Refund Rules is not mandatory where the judicial order grants refund to the applicant alone, allowing the bank's writ petition to obtain refund without the borrower's consent.
Allan Sebastian D’Souza & Ors. v. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal & Ors.
The Bombay High Court held that mandatory publication and notice requirements under the Maharashtra Slum Areas Act and Rules must be strictly complied with before declaring land as a slum, and noncompliance justifies condonation of delay and merits hearing of the appeal.
Citibank N.A. v. S.K. Ojha & Ors.
The Bombay High Court held that a tax assessment settled under the Kar Vivad Samadhan Scheme with payment and certificate issuance cannot be reopened under Section 148 of the Income Tax Act except in cases of false declaration.
Tiscon Realty Private Limited v. C. G. Edifice & Ors.
The Bombay High Court held that dishonour of cheques issued for loan repayment creates a new liability under the Negotiable Instruments Act, allowing a Summary Suit, and parties making false statements on oath are disentitled from defending the suit.
The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate v. ICICI Bank Ltd.
The Bombay High Court held that appeals involving taxability and valuation issues under the Central Excise Act lie exclusively before the Supreme Court, dismissing the High Court appeal on maintainability grounds.
Jayvant S. Shah & Ors. v. Bombay Mercantile Co-operative Bank Limited & Ors.
The Bombay High Court upheld the appellate order allowing the Bank's amendment to its eviction suit plaint to elaborate bonafide requirement, emphasizing a liberal approach to amendments that do not introduce new causes or cause prejudice.
Kondiba Dnyanu Dongale v. Kashibai Ramrao Nigade
The High Court held that while exemption certificates under section 88C cannot be reopened after finality, legal representatives of deceased landlords must satisfy bonafide requirement and equalization conditions under section 33B for possession claims, remitting the matter for fresh determination on these points.
Pr. Commissioner of Income Tax v. Kimberly Clark Lever Private Limited
The Bombay High Court held that a reference to the Transfer Pricing Officer without pending assessment proceedings is invalid, rendering the reassessment notice and TPO order void, and dismissed the income tax appeal.
Krish Rajendra Chordiya v. The State of Maharashtra
The Bombay High Court granted interim relief directing issuance of HSC mark-sheet to a student whose admission to Science stream was belatedly cancelled, emphasizing fairness and reasonableness in applying eligibility regulations.
Dharmendra M. Jani v. Union of India
The Bombay High Court upheld the constitutional validity of Sections 13(8)(b) and 8(2) of the IGST Act, confining their operation to the IGST Act and dismissing challenges to their vires.
S. K. Trading Co. v. The State of Maharashtra & Ors.
The Bombay High Court held that appeals and stay applications under the Maharashtra VAT Act include the interest component when part of a composite order, and barred appeals against independent interest orders do not apply to such composite orders.
Central Depository Services (India) Limited v. Daksha Narendra Bhavsar and Another
The Bombay High Court upheld an arbitral award holding the depository liable to indemnify an investor for losses caused by negligent and fraudulent acts of its Depository Participant in unauthorized transfer and pledge of shares.