High Court of Bombay

5,131 judgments

Year:

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

Sitaram Dada Sarode v. The State of Maharashtra

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

The Bombay High Court converted the appellant's murder conviction to culpable homicide not amounting to murder under Exception 1 to Section 300 IPC due to grave and sudden provocation, quashing the cruelty charge under Section 498-A IPC.

criminal appeal_allowed Significant murder dying declaration provocation Exception 1 to Section 300 IPC

Elis Jane Quinlan and Ors. v. Naveen Kumar Seth

03 Oct 2022 · Sandeep V. Marne

The Bombay High Court held that execution of foreign decrees from reciprocating territories under Section 44A CPC requires only summary inquiry without routine framing of issues or leading evidence, setting aside the order permitting full trial in execution proceedings.

civil appeal_allowed Significant Section 44A CPC foreign decree execution reciprocating territory Section 13 CPC exceptions

Durga Ramesh Berdia v. State of Maharashtra and Ors.

01 Oct 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that a letter styled as an appointment order on compassionate grounds is valid and that withholding appointment benefits without due process is illegal, directing the Municipal Corporation to post the petitioner accordingly.

administrative petition_allowed Significant compassionate appointment appointment order municipal corporation natural justice

Imran Suleman Qureshi v. Municipal Corporation of Greater Mumbai and ors.

30 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.
Cites 1 · Cited by 0

The Bombay High Court held that unauthorized transfer and private commercial use of municipal land acquired for public hospital expansion are illegal, affirming that such land must be used solely for its public purpose and transfers require prior municipal permission.

administrative other Significant Public Interest Litigation Municipal Corporation Land Acquisition Maharashtra Regional Town Planning Act

Securities and Exchange Board of India v. Central Information Commissioner & Ors.

30 Sep 2022 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court held that SEBI must reconsider RTI requests for certain information after complying with mandatory third-party procedures under Section 11, balancing transparency with fiduciary and privacy exemptions under Section 8.

administrative appeal_allowed Significant Right to Information Act, 2005 Section 8 exemption Section 11 third-party procedure fiduciary capacity

Shree Hari Chemicals Export Ltd. v. Grocery Markets and Shops Board for Greater Mumbai

29 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.
Cites 1 · Cited by 0

The Bombay High Court held that the Mathadi Act and Grocery Scheme apply only to a specific class of unprotected workers and their employers, not to factories employing regular workers, and emphasized mandatory legislative procedure for scheme validity.

labor appeal_allowed Significant Mathadi Act Grocery Scheme unprotected workers scheduled employment

Sachin Laxman Dandekar v. State of Maharashtra

29 Sep 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court reclassified the appellants' conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding the killing occurred in sudden heat of passion without premeditation.

criminal appeal_partly_allowed Significant culpable homicide murder Section 300 IPC Exception 4 heat of passion

Sunil Mallikarjun Patil v. State of Maharashtra

29 Sep 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that failure to acquire reserved land within one year under section 127 of the MRTP Act causes the reservation to lapse, and a landowner cannot be compelled to accept TDR in lieu of compensation.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 MRTP Act reservation lapse land acquisition

Parag Jyotindra Gandhi v. Jayant Narendra Mehta and Others

28 Sep 2022 · N.J. Jamadar

The court granted conditional leave to defend in a summary suit involving disputed compensation for breach of contract, emphasizing the balance between expeditious recovery and bona fide defence.

civil appeal_allowed Significant summary suit leave to defend liquidated damages penalty

Allcargo Logistics Ltd. v. Dhanesh B. Jain

28 Sep 2022 · N. J. Jamadar

The Bombay High Court held that an agent of a disclosed principal can be held liable for wrongful delivery by another agent of the same principal, awarding damages for breach of contract while modifying the interest rate and currency of the decree.

civil appeal_partly_allowed Significant agent of disclosed principal wrongful delivery Bills of Lading breach of contract

Sachin Subhash Bhosale v. Union of India

28 Sep 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J

The Bombay High Court held that departmental disciplinary proceedings against a Railway Protection Force constable should not be stayed pending criminal trial unless the criminal charge is grave, involves complex questions, and continuation would prejudice the defence, and dismissed the petition seeking such stay.

criminal appeal_dismissed Significant departmental proceeding criminal trial stay of inquiry Railway Protection Force Rules, 1987

Nabi Hasan Noor Hasan Khan v. The State of Maharashtra

28 Sep 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the appellant for murder under Section 302 IPC based on conclusive circumstantial evidence including last seen together theory and extra-judicial confession.

criminal appeal_dismissed Significant circumstantial evidence last seen together theory extra-judicial confession Section 302 IPC

Sarthi Seva Sangh v. Mumbai Municipal Corporation

27 Sep 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J
Cites 1 · Cited by 0

The Bombay High Court dismissed a PIL challenging additional FSI granted by MCGM, holding the petition to be an abuse of PIL jurisdiction filed for extraneous motives, not genuine public interest.

administrative petition_dismissed Significant Public Interest Litigation Floor Space Index Development Control and Promotional Regulations Abuse of PIL