High Court of Bombay

5,131 judgments

Year:

Seema Wd/o Sanjay Pathare; Neha D/o Sanjay Pathare v. Union of India

05 Sep 2022 · Anuja Prabhudessai

The Bombay High Court allowed the appeal and awarded compensation to the dependents of a deceased railway employee, holding that death occurred in an untoward incident under Section 124-A of the Railways Act, 1989, rejecting the Railway's claim of unauthorized track crossing.

civil appeal_allowed Significant Railways Act 1989 Section 124-A untoward incident bonafide passenger

Ramesh Vasantrao Patil v. The State of Maharashtra

05 Sep 2022 · G. S. Kulkarni; Arif S. Doctor
Cites 0 · Cited by 1

The Bombay High Court upheld the disqualification of a Gram Panchayat member under Section 14(1)(d) following removal under Section 39(1), affirming that interim stay of appellate orders does not negate statutory disqualification.

administrative petition_dismissed Significant disqualification Section 14(1)(d) Section 39(1) Maharashtra Village Panchayats Act, 1959

Procter and Gamble Home Products Private Limited v. Income Tax Appellate Tribunal

02 Sep 2022 · M.S. Sonak; Jitendra Jain

The Bombay High Court held that the ITAT exceeded its jurisdiction under Section 254(2) of the Income Tax Act by revisiting the classification of income already pending before the High Court, and set aside the impugned order accordingly.

tax petition_allowed Significant Income Tax Appellate Tribunal Section 254(2) Income Tax Act jurisdictional limit income classification

Reliance General Insurance Company Ltd v. Anil Jayram Ghag

30 Aug 2022 · Gauri Godse

The Bombay High Court upheld interim compensation under Section 140 of the Motor Vehicles Act, ruling that no-fault liability applies once a policy is produced unless proven fake, and such summary findings do not bar defenses in later proceedings.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 140 No fault liability Interim compensation

Arun Sambhaji Khanvilkar v. The State of Maharashtra

30 Aug 2022 · A.S. Gadkari

The Bombay High Court acquitted police officers accused of corruption due to failure of prosecution to prove demand of bribe with independent corroboration and non-production of electronic evidence.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 demand of illegal gratification accomplice testimony corroboration

Jalgaon Janta Sahakari Bank Ltd. & Anr. v. Joint Commissioner of Sales

30 Aug 2022 · Dipankar Datta, CJ; M. S. Karnik, J; N. J. Jamadar, J

The Bombay High Court held that secured creditors under the SARFAESI and RDDB Acts do not have a statutory first charge overriding State tax dues, and priority in payment under the 2016 amendments does not displace the State's first charge.

civil appeal_allowed Significant SARFAESI Act RDDB Act priority of secured creditors first charge

Union Bank of India v. Deputy Commissioner of Sales Tax

30 Aug 2022 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that a secured creditor with registered charge under the SARFAESI Act has priority over the State Government’s sales tax attachment, quashing the attachment order and allowing recovery from secured assets.

civil petition_allowed Significant secured creditor SARFAESI Act CERSAI registration priority of charge

Jalaram Fabrics v. Nisarg Textiles Pvt. Ltd.

30 Aug 2022 · Sandeep V. Marne

The Bombay High Court upheld an arbitral award under institutional arbitration rules, rejecting the petitioner’s challenge based on unilateral appointment and jurisdictional objections.

civil petition_dismissed Significant institutional arbitration unilateral appointment arbitral award arbitration agreement

Nandiwadekar v. The State of Maharashtra

29 Aug 2022 · M.G. Sewlikar; R.D. Dhanuka

The Bombay High Court held that State Government's permission under Section 257(1) MLR Code to initiate revision after 55 years is an administrative act not requiring personal hearing or reasons, subject to jurisdictional judicial review, while merits of revision lie with revisional authority.

administrative other Significant Maharashtra Land Revenue Code Section 257 revision application administrative order

Ibarat Husain Kitabullah v. The State of Maharashtra

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

The Bombay High Court upheld the conviction of the appellant for murder and related offences based on strong circumstantial evidence and credible eyewitness identification.

criminal appeal_dismissed Significant circumstantial evidence murder attempt to murder identification parade

Vaishali Baban Dhumal v. State of Maharashtra

29 Aug 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that the Scrutiny Committee must provide all enquiry reports and reasons for re-enquiry to the applicant before invalidating a Scheduled Tribe claim, and directed a fresh verification adhering to principles of natural justice.

administrative appeal_allowed Significant Scheduled Tribe Certificate Scrutiny Committee Vigilance Cell Re-enquiry

Walter Bau AG v Municipal Corporation of Greater Mumbai

26 Aug 2022 · G. S. Patel; Gauri Godse
Cites 0 · Cited by 1

The Bombay High Court held that ratification of an initial dispute reference validates arbitration proceedings despite challenges on authorization and succession grounds, setting aside the order that annulled arbitral awards.

civil appeal_allowed Significant Disputes Review Board arbitration authorization ratification

Jagannath @ Mahesh Nagnath Mane v. The State of Maharashtra

26 Aug 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 0 · Cited by 2

The Bombay High Court upheld the conviction for murder based on reliable dying declarations corroborated by medical and chemical evidence, dismissing the defence of accidental injury.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder kerosene burn

Usman @ Abdul Gadi Shaikh v. State of Maharashtra

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

The Bombay High Court dismissed the appellant's criminal appeal, upholding his conviction and life sentence for the murder of his wife based on credible eyewitness and corroborative medical evidence.

criminal appeal_dismissed Section 302 IPC murder eyewitness testimony premeditation

M/s. Vijay Builders and Developers v. The Competent Authority, District Deputy Registrar Co-operative Societies

26 Aug 2022 · M. S. Karnik

The Bombay High Court quashed an order granting deemed conveyance for non-compliance with mandatory oral hearing requirements under MOFA, emphasizing adherence to natural justice despite COVID-19 restrictions.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership of Flats Act, 1963 principles of natural justice Competent Authority

Dinesh Singh Bhim Singh v. Vinod Shobhraj Gajaria & Anr.

26 Aug 2022 · Sandeep V. Marne

The High Court held that failure to show sufficient cause for omission of witnesses from the list under Order XVI Rule 1(3) CPC is a procedural lapse that does not bar summoning additional witnesses when necessary to serve justice.

civil petition_dismissed Significant Order XVI Rule 1 CPC witness summons sufficient cause procedural law

Vimal Trading v. National Faceless Assessment Centre

26 Aug 2022 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 0

The Bombay High Court quashed the income tax assessment and penalty orders for failure to grant mandatory personal hearing under Section 144B, affirming the fundamental right to be heard under Article 14.

tax petition_allowed Significant Income Tax Act, 1961 Section 143(3) Section 144B principles of natural justice

Bharat Petroleum Corporation Limited v. The Board of Trustees of the Port of Mumbai

25 Aug 2022 · K. R. Shriram; A. S. Doctor
Cites 1 · Cited by 1

The Bombay High Court held that licence fees paid under Way Leave Agreements for permission to lay and maintain pipelines on port land do not attract service tax as no port service is rendered by the Mumbai Port Trust.

tax petition_allowed Significant service tax port services Way Leave Agreement licence fee

The State of Maharashtra v. Aryarup Tourism Club Resorts Private Limited

25 Aug 2022 · G.S. Patel; Gauri Godse
Cites 2 · Cited by 0

The Bombay High Court held that the MPID Act does not override the Companies Act in liquidation matters, affirming that assets of companies in liquidation vest with the Official Liquidator and the MPID Act cannot supplant the company court's jurisdiction.

civil appeal_dismissed Significant MPID Act Companies Act Official Liquidator financial establishment

Mahendra Vasudeo Gavas v. State of Maharashtra

25 Aug 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the appellant's conviction for murdering his wife and assaulting a neighbor based on a consistent chain of circumstantial, medical, and forensic evidence despite hostile witnesses.

criminal appeal_dismissed Significant Section 302 IPC Section 324 IPC circumstantial evidence hostile witnesses