High Court of Bombay
5,131 judgments
The Pr. Commissioner of Income Tax-3 v. Warburg Pincus India Pvt. Ltd.
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.
Sunil Gupta; Sandeep Gupta; Bharat Gupta v. Asset Reconstruction Company (India) Ltd.
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.
Sunil Gupta; Sandeep Gupta; Bharat Gupta v. Asset Reconstruction Company (India) Ltd.
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.
Tarulata Amritlal Bava v. The State of Maharashtra & Ors.
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.
The State of Maharashtra v. M/s. M.M. Sales Corporation
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.
The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate v. Filatex India Ltd.
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.
Mohammed Riyaz Shaikh v. Iresh Siddharam
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.
Akshay @ Chhotya Kachar Jedgule v. The State of Maharashtra
The High Court set aside a murder conviction based solely on last seen together circumstantial evidence, holding that the accused's plausible explanation under Section 313 Cr.P.C. broke the chain of evidence and created reasonable doubt.
Sharad Darade v. The State of Maharashtra & Ors.
The Bombay High Court quashed an FIR alleging conspiracy and harassment leading to a tribal MP's suicide, holding that the allegations lacked material to attract offences under IPC and the Atrocities Act and constituted abuse of process.
Dashrath Arun Sasane v. The State of Maharashtra
The Bombay High Court upheld the conviction and life sentence of the appellant for murdering his wife by setting her ablaze, relying primarily on credible dying declarations corroborated by medical and circumstantial evidence.
M/s. Rudraksh Laminates Pvt. Ltd. v. M/s. Vimal Inter Trade Private Limited
The Bombay High Court held that a suit based on dishonored cheques is maintainable in the court where the cheques were delivered and dishonored, dismissing the petition challenging territorial jurisdiction.
Sanjeev Builders Private Limited v. Life Insurance Corporation of India
The Bombay High Court held that in suits for specific performance, evidence proving readiness and willingness to perform cannot be summarily excluded for going beyond pleadings and must be considered after full trial, allowing the appellants to lead their affidavit evidence subject to cross-examination.
Steel Plant Private Limited v. The Municipal Corporation of Greater Mumbai
The Bombay High Court held that the Municipal Corporation lacked jurisdiction to take possession of petitioners' land under section 299 of the MMC Act due to absence of an existing prescribed public street line, quashing the possession notices.
C R Menon v. Oil and Natural Gas Corporation
The Bombay High Court set aside arbitral awards that disregarded the fixed rate contract terms and rejected an undisputed counter claim, holding that courts can quash but not modify arbitration awards under the Arbitration Act, 1996.
Kushal @ Akash Dattatray Prabhu v. The State of Maharashtra
The High Court upheld the appellant's conviction for murder based on a complete chain of circumstantial evidence including last seen theory, scientific proof, and recovery of incriminating articles.
Sheshmani Magdum Pal v. State of Maharashtra
The Bombay High Court upheld the conviction and life sentence of the appellant for the murder of his wife and two minor sons based on a complete chain of circumstantial evidence.
Sidram Baccharam Kamble v. The State of Maharashtra
The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC based on circumstantial evidence and the last seen together theory, affirming the sufficiency of the prosecution's chain of evidence.
Mahadeo Rama Madhvi & Ors. v. The State of Maharashtra
The Bombay High Court upheld the murder convictions of accused Nos. 1, 2, and 4 based on reliable ocular and forensic evidence while acquitting others for lack of specific proof.
Bharat Petroleum Corporation Ltd. v. Shri Bharat Krishnalal Thakkar
The Bombay High Court dismissed BPCL's appeal, holding that the Civil Court has jurisdiction to entertain eviction on lease expiry without renewal under Section 106 of the Transfer of Property Act, excluding applicability of Maharashtra Rent Control Act to BPCL.
Ganpat Baburao Boraste v. Vinayak Pandurang Waghmare
The High Court set aside the Trial Court's order allowing amendment of the plaint introducing a barred cause of action regarding tenancy rights bequeathed by Will, holding such amendment impermissible and unnecessary for deciding the suit on adverse possession.