High Court of Bombay

5,061 judgments

Year:

CREDAI-BANM v. Union of India

23 Dec 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court dismissed a writ petition seeking extension of tax deduction timelines under section 80-IBA of the Income Tax Act, holding that courts cannot direct the legislature to amend tax laws and that no discrimination under Article 14 was established.

constitutional petition_dismissed Significant Article 14 Article 226 writ of Mandamus Income Tax Act 1961

Rusabh Shah v. Avarsekar & Sons Private Limited

23 Dec 2022 · S. M. Modak

The Bombay High Court allowed the writ petition directing registration of a co-operative housing society, holding that the Competent Authority must verify the validity of the promoter's submission under the Maharashtra Apartment Ownership Act before rejecting society registration.

civil appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Maharashtra Apartment Ownership Act, 1970 co-operative housing society deed of Declaration

Riyazuddin Hisamuddin Kazi v. National Investigating Agency

23 Dec 2022 · Revati Mohite Dere; R. N. Laddha

The Bombay High Court allowed bail to the appellant charged under Sections 120-B and 201 IPC, holding that absence of prima facie evidence of knowledge or participation in destruction of evidence and no UAPA charges entitled him to bail.

criminal appeal_allowed Significant bail Section 120-B IPC Section 201 IPC destruction of evidence

Bennett Coleman & Co. Ltd v. MAD (India) Pvt. Ltd

22 Dec 2022 · Bharati Dangre

The Bombay High Court held that an arbitration clause printed on the back of tax invoices, accepted and acted upon by the parties, constitutes a valid arbitration agreement warranting appointment of a sole arbitrator.

commercial appeal_allowed Significant arbitration clause tax invoice arbitration agreement Section 7 Arbitration Act

Namrata Avinash Kadu v. State of Maharashtra and Anr.

22 Dec 2022 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order for failure to place the anticipatory bail order before the detaining authority and supply it to the detenu, violating Article 22(5) rights and vitiating subjective satisfaction.

criminal appeal_allowed Significant preventive detention anticipatory bail subjective satisfaction Article 22(5) Constitution of India

State of Maharashtra and Ors. v. Prabhakar Rangnath Kulkarni and Ors.

22 Dec 2022 · Milind N. Jadhav

The High Court held that Civil Courts have jurisdiction to entertain suits challenging land acquisition where mandatory procedural requirements under the special resettlement statute are not complied with, and dismissed the revision application against the Trial Court's order upholding such jurisdiction.

civil appeal_dismissed Significant Civil Court jurisdiction Statutory bar Maharashtra Project Affected Persons and Rehabilitation Act, 1986 Maharashtra Re-Settlement of Project Displaced Persons Act, 1976

IFFCO Tokio General Insurance Company Ltd. v. Namrata Namdeo Vishe & Ors.

22 Dec 2022 · Abhay Ahuja

The Bombay High Court dismissed the insurer's appeal, holding that insurers must indemnify third-party victims despite invalid driver licenses but may recover the amount from the insured under the 'pay and recover' doctrine.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 insurance liability third party compensation

Hyprecision Hydraulik v. State of Maharashtra

21 Dec 2022 · S. V. Gangapurwala, ACJ; Arif S. Doctor, J.

The Bombay High Court held that failure to produce a declaration certified by the Octroi Inspector is a procedural lapse that does not bar refund of octroi under Section 194(2) of the MMC Act if substantive eligibility criteria are met.

administrative petition_allowed Significant octroi refund Section 194(2) MMC Act procedural requirement substantial compliance

Anil Vishnu Anturkar v. Chandrakumar Popatlal Baldota

21 Dec 2022 · Abhay Ahuja

The Bombay High Court held that a lawyer cannot be compelled to disclose or verify privileged professional communications without the client's express consent, even after the client's death, quashing the witness summons issued for such purpose.

civil petition_allowed Significant Section 126 Indian Evidence Act privileged communication professional communication lawyer-client privilege

Metro Ortem Ltd v. Maharashtra State Road Transport Corporation

21 Dec 2022 · Milind N. Jadhav
Cites 3 · Cited by 0

The Bombay High Court held that service of writ of summons is mandatory and appearance through advocate does not dispense with it, dismissing the petition challenging the trial court’s order permitting late filing of written statement without proper service.

civil petition_dismissed Significant service of summons writ of summons Order VIII Rule 1 CPC written statement

Shri Babasaheb Bapurao Jarande and ors. v. Smt. Sonabai Ankush Kolate through legal heirs and ors.

20 Dec 2022 · Abhay Ahuja

The High Court allowed the petitioners' writ under Article 227 to direct scientific examination of the thumb impression on a disputed Will, holding such investigation necessary and expedient in the interests of justice under Order XXVI Rule 10A CPC and Section 45 Evidence Act.

civil appeal_allowed Significant Order XXVI Rule 10A CPC Section 45 Evidence Act Section 68 Evidence Act Scientific investigation

Mahadeo @ Nana Gundiba Khandale v. The State of Maharashtra

20 Dec 2022 · Sarang V. Kotwal

The Bombay High Court upheld the conviction of a man for aggravated penetrative sexual assault on a minor under the POCSO Act and IPC, affirming the reliability of the victim's testimony and supporting medical evidence.

criminal appeal_dismissed Significant POCSO Act Section 376(2)(i) IPC sexual assault minor victim testimony

Si2 Microsystems Pvt. Ltd. & Anr. v. Bank of Baroda & Ors.

20 Dec 2022 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court dismissed the writ petition challenging the confirmation of auction sale of mortgaged property, holding that a confirmed sale cannot be set aside merely on a subsequent higher offer absent fraud, and statutory remedies must be exhausted.

civil petition_dismissed Significant Recovery of Debts and Bankruptcy Act, 1993 Recovery Officer auction sale mortgaged property

Jitendra Velji Faria and Anr. v. Municipal Corporation of Gr. Mumbai and Ors.

19 Dec 2022 · Milind N. Jadhav

The Bombay High Court upheld the Trial Court's refusal to allow Plaintiffs to recall witnesses or amend pleadings belatedly after closure of evidence, holding such attempts as abuse of process and emphasizing expeditious trial.

civil appeal_dismissed Significant recall of witnesses additional evidence amendment of plaint abuse of process

Alam Adam Mansuri v. The State of Maharashtra

19 Dec 2022 · Sarang V. Kotwal

The Bombay High Court acquitted the appellant due to failure of the prosecution to prove identity beyond reasonable doubt, emphasizing the necessity of a proper test identification parade and credible incriminating evidence.

criminal appeal_allowed Significant Identification parade Snatching Section 379 IPC Section 34 IPC

Bank of India v. Magnifico Minerals Private Limited & Ors.

19 Dec 2022 · K. R. Shriram; Kamal Khata

The Bombay High Court dismissed the Bank of India's application for condonation of a 579-day delay in filing a commercial appeal, emphasizing that public sector banks must exercise due diligence and that delay condonation in commercial matters is an exception, not a rule.

civil appeal_dismissed Significant condonation of delay commercial appeal nationalized bank public money

Haribhau Narayan Chikane v. The State of Maharashtra

16 Dec 2022 · R. D. Dhanuka; S. G. Dige

The Bombay High Court held that land acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to failure to take possession and pay compensation, quashing the award and releasing the petitioner’s land from acquisition.

property petition_allowed Significant land acquisition Section 24(2) Fair Compensation Act possession compensation

Bharatiya Bhavan Co-operative Housing Society Ltd. v. Krishna Harinarayan Bajaj

15 Dec 2022 · Sandeep K. Shinde

The Bombay High Court held that a co-operative society's negligence in maintaining common property entitles a member to recover certified repair costs with interest, but damages for loss to movable property require proper proof.

civil appeal_allowed Significant co-operative housing society maintenance and repair overhead terrace negligence

The Commissioner of CGST & Central Excise, Thane v. Ajit India Private Limited

14 Dec 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court dismissed the appeal under section 35G of the Central Excise Act on maintainability grounds, holding that classification issues involving rate of duty fall within the Supreme Court's jurisdiction under section 35L.

tax appeal_dismissed Significant Central Excise Act, 1944 Section 35G Section 35L classification

Vijay Laxman Bhawe and Ors. v. P & S Nirman Pvt. Ltd. and Ors.

14 Dec 2022 · Milind N. Jadhav

The Bombay High Court upheld the Trial Court's order restoring a suit dismissed for non-prosecution, holding that an assignee under an agreement for sale is a proper party entitled to continue the suit and that the delay in filing restoration application was rightly condoned.

civil appeal_dismissed Significant Order XXII Rule 10 CPC Restoration of suit Condonation of delay Legal representative