High Court of Bombay

5,131 judgments

Year:

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

Vilas Ashok Aawale v. The State of Maharashtra

15 Jun 2023 · Revati Mohite Dere; Gauri Godse

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).

criminal petition_allowed Significant preventive detention detention order variance in language versions Article 22(5) Constitution of India

Brihanmumbai Police Karmachari Sahakari Pat Sanstha Maryadit v. State of Maharashtra

14 Jun 2023 · Milind N. Jadhav

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.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 loan disbursement managing committee liability fraud

Sukumar Bhoja Shetty v. Ganapal Bhoja Shetty

13 Jun 2023 · Milind N. Jadhav

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.

civil petition_dismissed Significant Testamentary Suit Partition Suit Execution Proceedings Will Propounding

Usha Hiralal Kanojia v. Jayshree Mangesh Chauhan

13 Jun 2023 · S. M. Modak · 2003 CLJ 411

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.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 139 presumption Dishonor of cheque Rebuttal of presumption

Shriprakash Ramshringar Pandey v. Income Tax Officer – 14(3)(4), Mumbai

12 Jun 2023 · K. R. Shriram; M. M. Sathaye
Cites 0 · Cited by 3

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.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Prakash B. Kamat v. Principal Commissioner of Income-tax-10 & Ors.

12 Jun 2023 · K.R. Shriram; M.M. Sathaye
Cites 1 · Cited by 2

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.

tax appeal_allowed Significant Section 179 Income Tax Act director liability gross neglect misfeasance

Girish Vinodchandra Dhruva and Ors. v. Smt. Neena Paresh Shah and Ors.

12 Jun 2023 · Anuja Prabhudessai
Cites 1 · Cited by 0

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.

civil appeal_dismissed Significant specific performance readiness and willingness power of attorney time essence of contract