High Court of Bombay

4,240 judgments

Year:

Rafiq Ahmed Saeed Qureshi v. Malegaon Municipal Corporation & Ors.

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

The Bombay High Court held that failure to complete land acquisition within the statutory period causes lapse of reservation under the MRTP Act and directed interim compensation for land used for public road under the Act of 2013.

property appeal_allowed Significant MRTP Act purchase notice reservation lapse land acquisition

Nitin Bharat Savale v. State of Maharashtra

16 Sep 2022 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court upheld the rejection of a delayed application for enhanced compensation under section 28A of the Land Acquisition Act, holding that the three-month limitation period runs from the date of the reference court's award and cannot be extended based on knowledge or personal hardship.

property petition_dismissed Significant Land Acquisition Act 1894 Section 28A Enhanced compensation Limitation period

Agisilaos Demetriades v. The Union of India

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

The Bombay High Court quashed a preventive detention order under the PITNDPS Act for failure to communicate grounds of detention in a language understood by the foreign national detainee, emphasizing strict compliance with Article 22(5) safeguards.

criminal petition_allowed Significant preventive detention Article 22(5) Constitution of India communication of grounds translation of detention grounds

Kailas Haribhau Warhe v. State of Maharashtra

15 Sep 2022 · M.S. Sonak; N.R. Borkar

The Bombay High Court upheld the conviction of appellants for double murder based on credible eyewitness and medical evidence, rejecting challenges on contradictions, motive, and procedural lapses.

criminal appeal_dismissed Significant Eyewitness testimony Motive Benefit of doubt Section 34 IPC

Shankar Pandurang Waghere v. The State of Maharashtra

15 Sep 2022 · Sarang V. Kotwal

The Bombay High Court acquitted a Talathi accused of bribery under the Prevention of Corruption Act due to material omissions in prosecution evidence and a probable defence, granting benefit of doubt.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 7 PC Act Section 13(1)(d) PC Act bribery

Mahindra & Mahindra Ltd. v. Union of India

15 Sep 2022 · K.R. Shriram; A.S. Doctor
Cites 2 · Cited by 0

The Bombay High Court held that interest and penalty cannot be imposed on surcharge, additional duty equal to excise duty, and special additional duty under customs laws without explicit statutory authority, setting aside such impositions by the Settlement Commission.

tax appeal_allowed Significant Customs Tariff Act, 1975 Finance Act, 2000 Customs Act, 1962 interest on delayed payment

M/s. Magnum Opus IT Consulting Private Limited v. M/s. Artcad Systems

14 Sep 2022 · Anuja Prabhudessai

The Bombay High Court held that the District Court has jurisdiction under Section 29-A of the Arbitration Act to substitute an arbitrator in MSMED Act arbitration proceedings and dismissed the writ petition challenging such substitution.

civil petition_dismissed Significant Section 29-A Arbitration and Conciliation Act MSMED Act arbitration jurisdiction of District Court substitution of arbitrator

Yogesh Mahadev Dabhade v. The State of Maharashtra

14 Sep 2022 · M.S. Sonak; N.R. Borkar
Cites 1 · Cited by 0

The High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, applying Exception 4 to Section 300 IPC in a case of death caused in a sudden fight without premeditation.

criminal appeal_allowed Significant Section 302 IPC Section 304 IPC Exception 4 to Section 300 IPC sudden fight

Prakash Balasaheb Chavan v. Anand Raju Koppella

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

The Bombay High Court allowed a one-day extension for compliance with a consent order due to bona fide bank system failure, affirming the Court's inherent power to enlarge time even without the other party's consent.

civil appeal_allowed Significant consent order extension of time enlargement of time partnership firm

Popat Bajirao Kotwal v. State of Maharashtra

13 Sep 2022 · Sarang V. Kotwal

The High Court partly allowed the appeal, convicting Appellant No.1 under section 307 IPC for attempt to murder and Appellant No.2 under section 324 IPC for causing minor injuries, modifying sentences accordingly.

criminal appeal_partly_allowed Significant Attempt to murder Common intention Grievous injury Ocular evidence

Ramu @ Ramdas Rupaji Bhavar v. The State of Maharashtra

13 Sep 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, holding the killing occurred in a sudden fight without premeditation.

criminal appeal_partly_allowed Significant Section 302 IPC Section 304 IPC Exception 4 to Section 300 IPC culpable homicide not amounting to murder

Kishor Manohar Kamble & Meghraj Uttam Nimbalkar v. Pune Municipal Corporation & Ors.

13 Sep 2022 · R.D. Dhanuka; M.G. Sewlikar

The Bombay High Court upheld the Pune Municipal Corporation's correction of the Ambil Odha stream alignment as a draftsman's error under the sanctioned Development Plan, dismissing the petitioners' challenge for lack of locus and non-compliance with modification procedures under the MRTP Act.

administrative petition_dismissed Significant Maharashtra Regional Town Planning Act, 1966 Development Plan Town Planning Scheme Draftsman's error

M/s. Sanghvi Erectors Private Limited v. The State of Maharashtra

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

The High Court held that failure by the Municipal Corporation to acquire land within one year of the State Government's confirmation of purchase notice results in lapse of reservation, directing the State to notify the same under the MRTP Act.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 purchase notice reservation lapse section 49(7)

The Pr. Commissioner of Income Tax-3 v. Warburg Pincus India Pvt. Ltd.

12 Sep 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court upheld the Tribunal’s exclusion of investment banking companies as comparables and inclusion of consulting firms for transfer pricing of an investment advisory company, dismissing the Revenue’s appeal.

tax appeal_dismissed Significant transfer pricing comparables investment advisory services investment banking

Sunil Gupta; Sandeep Gupta; Bharat Gupta v. Asset Reconstruction Company (India) Ltd.

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

The Bombay High Court upheld an ex-parte decree by the Debt Recovery Tribunal, holding that appearance through an advocate amounts to waiver of service of summons and petitioners failed to prove non-service or lack of knowledge.

civil appeal_dismissed Significant service of summons ex-parte decree Debt Recovery Tribunal Vakalatnama

Sunil Gupta; Sandeep Gupta; Bharat Gupta v. Asset Reconstruction Company (India) Ltd.

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

The Bombay High Court held that service of summons is mandatory in DRT proceedings and appearance through an advocate does not waive this requirement, setting aside the ex-parte decree against petitioners for lack of proper service.

civil appeal_allowed Significant service of summons Debt Recovery Tribunal ex-parte decree Vakalatnama

Tarulata Amritlal Bava v. The State of Maharashtra & Ors.

09 Sep 2022 · G. S. Kulkarni

The Bombay High Court dismissed the writ petition challenging a recovery certificate under the Maharashtra Cooperative Societies Act, holding that the statutory remedy of revision with mandatory pre-deposit must be exhausted before invoking writ jurisdiction, even in cases alleging fraud.

civil petition_dismissed Significant Recovery Certificate Maharashtra Cooperative Societies Act, 1960 Section 154(2A) Revision Application

The State of Maharashtra v. M/s. M.M. Sales Corporation

08 Sep 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The High Court held that the Appellate Authority under the MVAT Act has plenary powers to consider additional claims not raised before the Assessing Officer, thereby upholding the Tribunal's allowance of the Respondent's claim based on 'C' forms filed at the appellate stage.

tax appeal_dismissed Significant Maharashtra Value Added Tax Act, 2002 Section 23(5) Section 26(5)(a) Appellate Authority powers

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate v. Filatex India Ltd.

08 Sep 2022 · DHIRAJ SINGH THAKUR; ABHAY AHUJA

The High Court dismissed the Revenue's appeal against the CESTAT order acquitting the manufacturer of clandestine removal of yarn, holding that no substantial question of law arose and the factual findings of the Tribunal were unimpeachable.

tax appeal_dismissed Significant Central Excise Act, 1944 Section 35G clandestine removal job work clearance

Mohammed Riyaz Shaikh v. Iresh Siddharam

08 Sep 2022 · G.S. Patel; Gauri Godse

The Bombay High Court dismissed the appeal against refusal of interlocutory relief, holding that a property transaction made in breach of a court injunction is invalid and that appellate interference with trial court discretion requires the order to be arbitrary or perverse.

civil appeal_dismissed Significant interlocutory relief injunction court order sanctity transfer of property