High Court of Bombay

4,240 judgments

Year:

Priya Paul v. State of Maharashtra

13 Oct 2022 · Revati Mohite Dere; S. M. Modak

The Bombay High Court held that the State Police Complaints Authority lacks jurisdiction to direct FIR registration, quashing both its order and the consequent FIR as illegal.

criminal appeal_allowed Significant State Police Complaints Authority FIR registration jurisdiction Maharashtra Police Act

The State of Maharashtra v. Vandana Ramesh Mungekar & Ors.

13 Oct 2022 · Milind N. Jadhav

The Bombay High Court upheld the MACT's compensation award applying multiplier 15 and set aside contributory negligence deduction, dismissing the State's appeal in a motor accident claim.

civil appeal_dismissed Significant motor accident claim compensation calculation multiplier contributory negligence

Kaizar F. Pithapurwala & Ors. v. Khurshid Safakat Hussain Ladhi & Ors.

12 Oct 2022 · M. S. Karnik

The Bombay High Court held that a refusal to dispose of a suit on merits due to lack of jurisdiction is not a return of plaint and thus not appealable under Order XLIII Rule 1(a) CPC, dismissing the appeal as not maintainable.

civil appeal_dismissed Significant Order VII Rule 10 CPC Order XLIII Rule 1(a) CPC Bombay City Civil Court Act 1948 Section 3 inherent jurisdiction

Nayana Premji Savala v. The Union of India

12 Oct 2022 · K. R. Shriram; A. S. Doctor

The Bombay High Court held that leasing containers with transfer of possession and effective control constitutes a deemed sale subject to VAT, not service tax, and quashed the service tax demand on the transaction.

tax petition_allowed Significant transfer of right to use goods deemed sale service tax value added tax

Nisha Nitin Koppikar v. The State of Maharashtra

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

The Bombay High Court held that the maximum maintenance payable under Section 9(2) of the Senior Citizens Act is Rs.10,000 per senior citizen per month, modifying the Tribunal's order accordingly while upholding the children's liability to maintain their parents.

family appeal_allowed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 9(2) maintenance allowance cap senior citizens maintenance

Anilkumar S/o Rupchand Ukey v. Maharashtra Electricity Regulatory Commissioner

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

The Bombay High Court held that the Commission’s discretion to choose the mode of recruitment cannot be judicially interfered with absent arbitrariness or mala fide, and dismissed the petitioner’s claim for mandatory promotion while directing consideration if no suitable nominee is found.

administrative petition_dismissed Significant promotion administrative discretion recruitment regulations Article 16

Jacobs Solutions India Pvt. Ltd. v. Union of India

11 Oct 2022 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that a subordinate tax authority cannot overturn an appellate order allowing a GST refund and directed sanction of the refund with interest, emphasizing adherence to judicial discipline and appellate hierarchy.

tax petition_allowed Significant GST refund Input Tax Credit Appellate authority Assistant Commissioner

Shaukatali Abdulsalem Shaikh v. The State of Maharashtra

10 Oct 2022 · Sarang V. Kotwal

The Bombay High Court partly allowed the appeal by setting aside the conviction under Section 397 IPC due to lack of evidence of grievous hurt, upheld the conviction under Section 392 IPC based on recovery of stolen property, and reduced the sentence accordingly.

criminal appeal_allowed Significant robbery Section 392 IPC Section 397 IPC identification parade

Manisha @ Janglabai Ganesh Chavan v. The State of Maharashtra

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

The Bombay High Court upheld the conviction of a mother for the murder of her two-month-old infant daughter based on a complete chain of circumstantial and medical evidence proving death by drowning.

criminal appeal_dismissed Significant circumstantial evidence murder infant death asphyxia due to drowning

Bhoumik Co-operative Housing Society Limited & Anr. v. Vina A. Sisawala & Ors.

06 Oct 2022 · R.I. Chagla

The Bombay High Court held that redevelopment disputes are not within the exclusive jurisdiction of the Co-operative Court under the 2019 Amendment unless the Society's Bye-Laws include redevelopment as business, and thus the Civil Court retains jurisdiction.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 2019 Amendment Co-operative Court jurisdiction redevelopment

Ashokkumar Dhanrajji Kothari v. Harshad Kevalchand Vora & Ors.

06 Oct 2022 · Milind N. Jadhav

The High Court dismissed the tenant's revision application upholding eviction for unauthorized permanent structural alterations under Section 16(1)(b) of the Maharashtra Rent Control Act, 1999.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 16(1)(b) permanent structure unauthorized construction

Galore Developers Private Limited v. Solapur Municipal Corporation

06 Oct 2022 · R.D. Dhanuka; Kamal Khata · 2013 (1) Mh.L.J. 88

The Bombay High Court quashed a municipal notice under section 51 MRTP Act for revocation of development permission, holding it was without jurisdiction as the petitioner had complied with obligations and substantial construction progress barred such action.

administrative petition_allowed Significant Maharashtra Regional Town Planning Act, 1966 Section 51 MRTP Act Solapur Development Control Regulations Unified Development Control & Promotion Regulations 2020

Mr. Ramesh Jivatram Israni @ Dilip v. The State of Maharashtra

06 Oct 2022 · A. S. Gadkari; Milind N. Jadhav
Cites 3 · Cited by 0

The Bombay High Court upheld the rejection of discharge of a Hawala operator accused of abetting an organized crime syndicate under the MCOC Act, holding that a prima facie case existed to proceed to trial.

criminal appeal_dismissed Significant MCOC Act Section 227 Cr.P.C. discharge application Hawala operator

M/s. Raj Pharma v. State of Maharashtra

06 Oct 2022 · Milind N. Jadhav

The Bombay High Court quashed suspension orders of a pharmaceutical license for failure of authorities to consider the licensee's explanations and documents, emphasizing the need for reasoned orders under the Drugs and Cosmetics Rules.

administrative petition_allowed Significant Drugs and Cosmetics Act, 1940 Drugs and Cosmetics Rules, 1945 license suspension show cause notice

The Bank of India Staff Panchsheel Cooperative Housing Society Limited v. Jitendra Kumar Jani

06 Oct 2022 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court held that disputes over redevelopment resolutions in cooperative housing societies fall within Cooperative Court jurisdiction and cannot be summarily dismissed under Order VII Rule 11 CPC without trial.

civil petition_dismissed Significant Order VII Rule 11 CPC jurisdiction maintainability Maharashtra Cooperative Societies Act, 1960

Anil Vasantrao Deshmukh v. State of Maharashtra

04 Oct 2022 · N.J. Jamadar

The Bombay High Court dismissed bail for former Maharashtra Home Minister Anil Deshmukh in a PMLA money laundering case, holding that the twin conditions under Section 45 PMLA were not satisfied based on the material collected during investigation.

criminal appeal_dismissed Significant Prevention of Money Laundering Act Section 45 PMLA bail proceeds of crime

Surendra Shamsundar Jeware v. The State of Maharashtra

04 Oct 2022 · Prasanna B. Varale; Kishore C. Sant

The Bombay High Court upheld the lawful allotment of municipal land to a public trust without public auction, affirming compliance with statutory provisions and rejecting allegations of arbitrariness.

administrative petition_dismissed Significant Municipal land allotment Section 92 Maharashtra Municipal Councils Act Maharashtra Municipalities Transfer of Immovable Property Rules Rule 7 auction and tender

Pr. Commissioner of Income Tax-19 v. S V Jiwani

03 Oct 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court upheld the ITAT order limiting disallowance on bogus purchases to the profit element, dismissing the Revenue's appeal challenging the partial relief granted to the assessee.

tax appeal_dismissed bogus purchases Income Tax Act, 1961 Section 69C profit element

Dipesh Mehta & Ors v Gerald Shirley & Ors

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

The Bombay High Court held that it has jurisdiction to entertain civil suits involving membership and management disputes of a public charitable trust under the Maharashtra Public Trusts Act, and upheld an interlocutory order validating an Extraordinary General Meeting and the election of new managing committee members.

civil appeal_dismissed Significant Maharashtra Public Trusts Act, 1950 jurisdiction ouster interlocutory relief extraordinary general meeting

Ramesh Lasha Palva v. The State of Maharashtra

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

The Bombay High Court partly allowed the appeal, acquitting one appellant and convicting the other for culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, reducing the charge from murder.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC common intention