High Court of Bombay

4,240 judgments

Year:

The Commissioner of Service Tax v. M/s. Surindra Engineering Co. Ltd.

21 Oct 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court dismissed the revenue's appeal for lack of jurisdiction under section 35L, upholding the CESTAT's view that laying pipelines is not taxable as erection, commissioning or installation service under the Finance Act.

tax appeal_dismissed Significant Service Tax Erection Commissioning Installation Service Laying of Pipelines Central Excise Act 1944

Pr. Commissioner of Income Tax -1 v. Nitin Ramdeoji Lohia

21 Oct 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The High Court upheld the ITAT's deletion of additions on alleged bogus purchases due to lack of proper investigation and evidence, but remanded the matter for consideration of gross profit rate enhancement.

tax appeal_dismissed Significant bogus purchases income tax assessment burden of proof Sales Tax Department information

Shivdatta @ Biltu Subhodchandra Sah v. The State of Maharashtra

21 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and related charges due to failure of prosecution to prove a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence murder possession of stolen property last seen theory

Eknath Ganpatrao Khadse v. The State of Maharashtra

21 Oct 2022 · Nitin W. Sambre; N. R. Borkar

The Bombay High Court dismissed the petition challenging FIR registration and order permitting further investigation, holding that prior sanction provisions under the Prevention of Corruption Act apply prospectively and that further investigation can be ordered despite a closure report.

criminal petition_dismissed Significant Prevention of Corruption Act, 1988 Section 17A Section 19 prior sanction

The Official Liquidator v. Savannah Lifestyle Private Limited

21 Oct 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court recalled its order approving a compromise assigning a co-operative bank's loan to a private party, holding such assignment unlawful under RBI Directions and Banking Regulation Act.

civil appeal_allowed Significant Order XXIII Rule 3 CPC RBI Transfer of Loan Exposures Directions 2021 Banking Regulation Act 1949 Sections 21 and 35A One Time Settlement Scheme

WYNK Ltd v. TIPS Industries Ltd

20 Oct 2022 · G. S. Patel; Gauri Godse

The Bombay High Court held that internet-based on-demand streaming services cannot claim statutory license under Section 31D of the Copyright Act, 1957, and offline downloads by users constitute copyright infringement.

intellectual_property appeal_dismissed Significant Copyright Act 1957 Section 31D statutory license internet streaming

Radhe Zulidas Mandal v. The State of Maharashtra

20 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and robbery charges due to incomplete and inconsistent circumstantial evidence failing to exclude reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence last seen together theory benefit of doubt recovery of stolen property

Mrs. Kusum Ramesh Agarwal and Ors. v. State Minister for Co-operation and Ors.

19 Oct 2022 · SANDEEP K. SHINDE

The Bombay High Court held that mandatory consultation with the Federal Society is a precondition for removal of a co-operative society committee member under Section 78A(1)(b), quashing the removal order for lack of such consultation.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act Section 78A(1)(b) removal of committee member consultation with Federal Society

Mr. Nivedan Bhimrao Torne v. The Municipal Corporation of Greater Mumbai

18 Oct 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J

The Bombay High Court upheld the suspension of a municipal employee despite delayed charge-sheet issuance, directing timely completion of disciplinary proceedings without granting interim relief against final orders.

administrative petition_dismissed Significant suspension disciplinary proceedings charge-sheet preliminary inquiry

Roshini Kapoor v. Union of India

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court held that an accused granted bail with travel restrictions must seek prior trial court permission for international travel, which may consider and decide on any Look Out Circulars issued against the accused.

criminal petition_dismissed Significant Look Out Circular bail conditions travel abroad interim bail

Guma Tech Marine Services v. State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court upheld the acquittal of a bank employee accused of forgery and criminal breach of trust, holding that mere verification of documents without evidence of collusion or benefit does not attract criminal liability under Sections 408 and 467 IPC.

criminal appeal_dismissed criminal breach of trust forgery Section 408 IPC Section 467 IPC

Hitesh Santosh Vartak v. The State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the appellant's bail plea in a rape case under Section 376 IPC and the Atrocities Act, holding that the prosecution made out a prima facie case and the appellant's antecedents justified denial of bail.

criminal appeal_dismissed bail Section 376 IPC Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act sexual assault

Haridas Raosaheb Bedare v. The State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, acquitted him of dowry harassment charges, and sentenced him to 10 years imprisonment considering the incident occurred in sudden quarrel and heat of passion.

criminal appeal_allowed Significant dying declaration culpable homicide not amounting to murder Exception 4 to Section 300 IPC intoxication

Ajay Ram Pandit v. The State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The High Court acquitted the appellant of murder charges due to failure of the prosecution to conduct timely psychiatric examination despite knowledge of his mental illness, granting him benefit of doubt under Section 84 IPC.

criminal appeal_allowed Significant unsoundness of mind Section 84 IPC mens rea psychiatric examination

Shri Namdeorao G Gadkh v. Nasik Municipal Corporation for Greater Mumbai

18 Oct 2022 · R. D. Dhanuka; Kamal Khata
Cites 2 · Cited by 0

The Bombay High Court held that failure to initiate acquisition within six months of a Purchase Notice under the MRTP Act causes reservation of land to lapse, invalidating subsequent acquisition proceedings.

property appeal_allowed Significant Maharashtra Regional Town Planning Act Section 127 Land Acquisition Act reservation lapsing

Raju Kondiram More v. State of Maharashtra

17 Oct 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the appellant's conviction for murdering his wife by setting her ablaze, relying on corroborated dying declarations and a complete chain of circumstantial evidence.

criminal appeal_dismissed Significant circumstantial evidence dying declaration Section 302 IPC Section 32 Evidence Act

Jyoti Jagtap v. National Investigating Agency & State of Maharashtra

17 Oct 2022 · A. S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed bail to accused Jyoti Jagtap in the Bhima Koregaon case, holding that prima facie material under the UAP Act establishes her involvement with the banned CPI (Maoist) and conspiracy, thus bail is not warranted.

criminal appeal_dismissed Significant bail Unlawful Activities (Prevention) Act Section 43-D(5) prima facie

Mahadeo @ Jijya Nathu Thorve v. State of Maharashtra

17 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding that the assault occurred in sudden fight without premeditation.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC culpable homicide

Apsara Co-operative Housing Society Ltd. v. Vijay Shankar Singh

15 Oct 2022 · Sandeep V. Marne

A cooperative housing society formed for collective management of flats is neither an 'industry' under the Industrial Disputes Act nor an 'establishment' under the Maharashtra Shops Act, rendering labor claims under these statutes not maintainable against it.

labor appeal_allowed Significant cooperative housing society industry definition establishment definition Industrial Disputes Act, 1947

Pandurang Dhondli Khape v. Atmaram Bapu Shinde & Ors.

14 Oct 2022 · Milind N. Jadhav

The Bombay High Court upheld the condonation of a 25-year delay in a land boundary appeal due to non-service of notice, directing a detailed inquiry into the parties' rights.

property petition_dismissed Significant Maharashtra Land Revenue Code, 1966 Section 247 condonation of delay limitation