High Court of Bombay

4,240 judgments

Year:

Naresh Goyal v. The Directorate of Enforcement

23 Feb 2023 · Revati Mohite Dere; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court quashed the Enforcement Directorate's ECIR against petitioners due to the absence of a pending scheduled offence, affirming that money laundering proceedings cannot continue without a predicate offence.

criminal petition_allowed Significant Enforcement Directorate ECIR Prevention of Money Laundering Act scheduled offence

Reliance General Insurance Company Limited v. Rekha Ramdas Gorad

23 Feb 2023 · S. G. DIGE

The Bombay High Court dismissed the insurance company's appeal holding it liable to pay compensation due to failure to properly notify policy cancellation and allowed enhancement of compensation including future prospects and consortium.

civil appeal_dismissed Significant insurance premium cheque dishonour policy cancellation intimation to insured and RTO pay and recover

Sharayu Sadanand Subhedar v. Yashodhan Prakash Agalgaonkar

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court upheld the trial court’s correction of a mutual consent divorce decree under Section 152 CPC to include the memorandum of settlement, ruling that omission of the settlement was an accidental slip correctible by the court.

civil petition_dismissed Significant Section 152 CPC correction of decree mutual consent divorce memorandum of settlement

Santaji Waman Gopale v. The State of Maharashtra

21 Feb 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court upheld the conviction under Section 302 IPC based on consistent dying declarations and corroborative evidence, dismissing the appellant's claim of accidental fire.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder kerosene fire

Datta @ Dattatraya Dnyanu Methe & Ors. v. Sonabai Ganpati Methe & Ors.

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court held that a Plaintiff is not entitled to file a rejoinder after the Defendant's written statement without leave of the court and that mere denial by the Defendant does not warrant such replication, setting aside the trial court's order permitting filing of rejoinder.

civil petition_allowed Significant rejoinder replication Code of Civil Procedure Order 8 Rule 9

Manya Vejju v. Sapna Bhog

21 Feb 2023 · N.J. Jamadar

The Bombay High Court held that lodging an FIR does not constitute commencement and prosecution of an action under the proviso to Section 60 of the Copyright Act, 1957, and remitted the matter for fresh consideration of the injunction application after considering the subsequent infringement suit.

intellectual_property appeal_allowed Significant Section 60 Copyright Act groundless threat copyright infringement FIR

Pushpa Nahata v. Income Tax Officer & Ors.

20 Feb 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that reopening of income tax assessment beyond four years without fresh tangible material or failure to disclose material facts is invalid, quashing the reassessment order as a mere impermissible change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Change of opinion

Geeta P. Kamat v. Principal Commissioner of Income-tax-10

20 Feb 2023 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court held that a director cannot be held liable under section 179 of the Income Tax Act for company tax dues without proof of gross neglect, misfeasance, or breach of duty causing non-recovery.

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

Mumbai Postal Employees Co-operative Credit Society Ltd. v. Income Tax Officer

20 Feb 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment beyond four years without tangible material showing failure to disclose material facts is impermissible and set aside the reassessment order against a co-operative credit society claiming deduction under Section 80P.

tax petition_allowed Significant reopening of assessment Section 148 Income Tax Act change of opinion deduction under Section 80P

Gousiya Firoz Khan v. The Commissioner of Police

20 Feb 2023 · A.S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order against a person already in judicial custody for lack of cogent material and subjective satisfaction regarding the likelihood of bail and necessity of detention.

criminal petition_allowed Significant preventive detention judicial custody bail application subjective satisfaction

Kumar Ramu Rathod v. The State of Maharashtra

20 Feb 2023 · Sarang V. Kotwal

The High Court held that the appellant's offence amounted to theft under Section 379 IPC and not robbery under Section 392 IPC, modifying the conviction and sentence accordingly while upholding other convictions.

criminal appeal_allowed Significant robbery theft Section 392 IPC Section 379 IPC

M/s. Radha Vishweshwar Co-operative Housing Society Limited v. M/s. New Bansi Park Co-operative Housing Society Ltd.

20 Feb 2023 · Sandeep V. Marne

The Court held that in a common layout with buildings constructed under different FSI regimes, land division must consider base FSI entitlement, upholding Defendant No.1-Society's decree and conveyance and permitting redevelopment without injunctions restraining land use up to 2276 sq.mtrs.

property appeal_dismissed Significant Maharashtra Ownership of Flats Act conveyance of land FSI imbalance TDR loading

Qatar National Bank Alahli v. Man Industries (India) Limited

19 Feb 2023 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that an irrevocable and unconditional Counter Bank Guarantee governed by Egyptian law is an independent contract that must be honored without injunction unless exceptional grounds exist, and Indian courts lack jurisdiction to entertain disputes concerning it.

commercial appeal_allowed Significant Counter Bank Guarantee Bank Guarantee Independent Contract Irrevocable and Unconditional

Pritam Vijay Anuse & Ors. v. Navodaya Vidyalaya Samiti & Ors.

17 Feb 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court held that cancellation of admissions of students to Jawahar Navodaya Vidyalaya during the Covid-19 pandemic on hyper-technical grounds was unjustified and directed their admission to be reinstated, affirming the right to education under the RTE Act.

constitutional appeal_allowed Significant Right of Children to Free and Compulsory Education Act, 2009 Navodaya Vidyalaya Scheme Admission cancellation Covid-19 pandemic

State of Maharashtra v. Raghunath Dnyandev Katkar

17 Feb 2023 · S. M. Modak

The High Court set aside the acquittal of a police officer under the Prevention of Corruption Act, holding that acceptance of illegal gratification for doing an official act is punishable and appellate courts may interfere with acquittals based on improper appreciation of evidence.

criminal appeal_allowed Significant Prevention of Corruption Act Section 7 Section 13(1)(d) illegal gratification

The New India Assurance Co. Ltd. v. Smt. Mrunal Makarand Patwardhan

17 Feb 2023 · S. G. DIGE

The Bombay High Court held that a burst tyre causing a motor accident is not an act of God but negligence, upheld the compensation award with minor reduction, and clarified principles for assessing deceased's income and compensation.

civil appeal_partly_allowed Significant motor accident claim act of God burst tyre negligence

Satardekar and ors v. Life Insurance Corporation of India and anr.

17 Feb 2023 · N. J. Jamadar

The court held that a contract induced by misrepresentation as to the contracting party is voidable, refused specific performance due to absence of privity and misrepresentation, but ordered refund of consideration with interest.

civil appeal_partly_allowed Significant specific performance cooperative housing society misrepresentation voidable contract

Chidanand Ogyappa Yammi & Ors. v. Girish Sahakari Samudaik Krishi Sangh & Ors.

17 Feb 2023 · G.S. Kulkarni

The Bombay High Court held that exemption under Section 43A of the Bombay Tenancy Act can only be granted by State Government notification, quashing the MRT order that relied on a non-existent exemption certificate issued by the District Deputy Registrar.

property appeal_allowed Significant Bombay Tenancy and Agricultural Lands Act, 1948 Section 43A exemption Cooperative society lease Exemption certificate jurisdiction

Priyanka Prakash Kulkarni v. The Maharashtra Public Service Commission

17 Feb 2023 · Nitin Jamdar; Manjusha Deshpande

The Bombay High Court upheld the rejection of a candidate's request to change her application category post-examination based on a corrigendum relaxing certificate validity, affirming that category changes after application submission are impermissible.

administrative petition_dismissed Significant Non-Creamy Layer Certificate Economically Weaker Section Reservation category change Maharashtra Public Service Commission

M. L. Sandbhor v. Sulochana Walimbe & Ors.

16 Feb 2023 · Milind N. Jadhav

The Bombay High Court upheld the appellate court's order rejecting a belated counter claim filed after amendment and framing of issues on limitation grounds in a cooperative society dispute.

civil appeal_dismissed Significant counter claim limitation amendment Order 7 Rule 11 CPC