High Court of Bombay

5,131 judgments

Year:

Sudarshan Narayan Mengade v. The State of Maharashtra

27 Sep 2022 · Revati Mohite Dere; Sharmila U. Deshmukh

The Bombay High Court acquitted the appellant of murder charges, holding that the death was suicidal and the prosecution failed to prove guilt beyond reasonable doubt due to infirmities in the dying declaration and circumstantial evidence.

criminal appeal_allowed Significant dying declaration circumstantial evidence Section 302 IPC Section 316 IPC

Munib Memon v. The State of Maharashtra

27 Sep 2022 · Revati Mohite Dere; Sharmila U. Deshmukh
Cites 1 · Cited by 0

The Bombay High Court dismissed the appellant's bail plea in a terrorism-related bomb blast case, holding that prima facie evidence of conspiracy and complicity precluded bail despite prolonged pre-trial detention, while directing expeditious trial completion.

criminal appeal_dismissed Significant bail terrorism MCOC Act confessional statement

Goel Ganga Foundation v. Federation of Swarganga Co.op Society Limited

27 Sep 2022 · Sandeep K. Shinde

The Bombay High Court held that stilt parking spaces are common areas under MOFA and a promoter cannot allot them to third parties, dismissing the petitioner's claim to exclusive use of such parking spaces.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 stilt parking spaces common areas promoter rights

Surendra Rudra Pratap Singh v. State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder and cruelty charges due to contradictions in dying declarations and insufficient circumstantial evidence, extending benefit of doubt.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 498-A IPC benefit of doubt

Shankar Shrirang Gulik v. The State of Maharashtra

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

The High Court upheld the conviction of the appellant for murder based on reliable and corroborated ocular testimony of a child witness supported by medical and forensic evidence.

criminal appeal_dismissed Significant child witness ocular evidence Section 302 IPC murder

Vijay Radhaji Bhandare v. The State of Maharashtra

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

The Bombay 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, applying Exception 4 to Section 300 IPC due to sudden fight and heat of passion.

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

Prysmian Cavi E Sistemi S.R.I v. Vijay Karia and others

26 Sep 2022 · Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court held that a foreign arbitral award enforceable under the Arbitration Act is executable as a decree under the CPC, subject to compliance with FEMA and Indian laws, and dismissed Respondents' objections to execution.

commercial arbitration / civil execution appeal_allowed Significant foreign arbitral award enforcement executability Arbitration and Conciliation Act, 1996

Chenab Bridge Project Undertaking v. Konkan Railway Corporation Ltd

23 Sep 2022 · G.S. Patel; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court partially allowed the appeal, holding that reimbursement claims for entry and toll tax under a specific contract clause prevail over general price variation exclusions, while upholding the arbitral award on structural steel price variation.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Contract interpretation Price variation clause Reimbursement of taxes

Shri Bhagwan Tanaji Sawant v. The Executive Engineer, Irrigation Project, Ratnagiri

23 Sep 2022 · M. S. Karnik

The Bombay High Court held that delay in filing revision applications under the Maharashtra Recognition of Trade Unions Act must be viewed liberally, setting aside dismissal on limitation grounds and directing hearing on merits.

labor appeal_allowed Significant limitation labour court industrial court unfair labour practice

Anwar Hussain J. Thim and M/s. Amit Builders v. State of Maharashtra and Others

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

The Bombay High Court held that inclusive housing regulations apply prospectively to revised commencement certificates issued after the notification date, and prior commencement certificates protect only the covered area from such regulations.

administrative petition_dismissed Significant Maharashtra Regional and Town Planning Act Development Control Regulations commencement certificate inclusive housing

Sandip Sarjerao Sule & Ors. v. The State of Maharashtra & Ors.

23 Sep 2022 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court quashed the FIR under Section 498A IPC and related offences based on an amicable settlement, emphasizing the need to make Section 498A compoundable to reduce litigation and hardship.

criminal petition_allowed Significant Section 498A IPC quashing of FIR matrimonial dispute compoundable offence

Abhishek Mahendra Umbarje v. State of Maharashtra & Ors.

23 Sep 2022 · S. V. Gangapurwala; R. N. Laddha

The Bombay High Court held that tribe validity certificates granted to blood relatives entitle petitioners to similar certificates, quashing the Scrutiny Committee's invalidation orders and directing issuance of Koli Mahadev Scheduled Tribe certificates.

administrative petition_allowed Significant Scheduled Tribe Certificate Koli Mahadev Validity Certificate Affinity Test

SKIL Himachal Infrastructure & Tourism Ltd & Ors v IL&FS Financial Services Ltd

22 Sep 2022 · G.S. Patel; Gauri Godse

The Bombay High Court held that appeals against orders granting conditional leave to defend in Commercial Summary Suits are barred under the amended Section 13 of the Commercial Courts Act, 2015, and such appeals are not maintainable.

civil appeal_dismissed Significant Commercial Courts Act, 2015 Section 13 conditional leave to defend appeal maintainability

Satishkumar Surendra Shetty v. The District Collector

22 Sep 2022 · K. R. Shriram; A. S. Doctor
Cites 3 · Cited by 0

The Bombay High Court dismissed the writ petition challenging possession recovery under SARFAESI Act, holding no fraud was established and enforcement proceedings were valid and within limitation.

civil petition_dismissed Significant SARFAESI Act Section 14 SARFAESI equitable mortgage deposit of title deeds

Shri Pradip Bapurao Jambhale-Patil v. Smt. Smita Gangaram Zagade

22 Sep 2022 · R.D. Dhanuka; Gauri Godse

The Bombay High Court held that disputes relating to appointment and cancellation of appointment on deputation to Additional Municipal Commissioner posts fall exclusively within the Division Bench's jurisdiction of the Maharashtra Administrative Tribunal, setting aside the Single Member's order for lack of jurisdiction.

administrative appeal_allowed Significant Administrative Tribunals Act, 1985 Section 5(6) Maharashtra Municipal Corporation Act appointment vs posting

Lonza India Private Limited v. Union of India & Ors.

22 Sep 2022 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 5

The High Court restored appeals dismissed solely for non-filing certified copies without opportunity to rectify, emphasizing fairness and directing merits hearing.

administrative appeal_allowed Significant procedural non-compliance certified copies appeal dismissal natural justice

The Principal Commissioner of Customs v. M/s. Signet Chemicals Pvt. Ltd.

21 Sep 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court upheld the CESTAT’s order setting aside customs duty demand raised under extended limitation period due to absence of willful misstatement or suppression by the importer.

customs appeal_dismissed Significant Customs Act, 1962 extended period of limitation willful misstatement suppression of facts

Commissioner of CGST & Central Excise, Mumbai (West) v. M/s. Patel Integrated Logistics, Ltd.

21 Sep 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court dismissed the appeal against CESTAT's order upholding Cenvat credit claimed on Air Way Bills, holding that appeals cannot be entertained on grounds beyond the show cause notice.

tax appeal_dismissed Cenvat Credit Air Way Bill Cenvat Credit Rules, 2004 Service Tax Rules, 1994

Mahavir Raghunathrao Hulungare v. The State of Maharashtra

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

The High Court set aside the murder conviction relying on the principle that confessional statements made to police officers are inadmissible, and without such confession, the prosecution failed to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant confession Section 25 Evidence Act admissibility of confession circumstantial evidence

Mr. R. S. Madireddy v. The Union of India

20 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that writ petitions against Air India Ltd. became non-maintainable post-privatization as it ceased to be 'State' under Article 12, thus ousting writ jurisdiction under Article 226.

constitutional petition_dismissed Significant writ petition maintainability Article 226 jurisdiction privatization effect Air India Ltd.