High Court of Bombay

4,240 judgments

Year:

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

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

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 0

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

Amir Ismail Sayyad @ Billa v. The State of Maharashtra

25 Aug 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 1

The High Court modified the conviction from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, holding the child eyewitness testimony reliable and the appellant acted in heat of passion without premeditation.

criminal appeal_allowed Significant child witness testimony culpable homicide not amounting to murder Section 302 IPC Section 304 IPC

Mr. Dhanaraj Meghraj Rajpal v. American Express Banking Corporation

24 Aug 2022 · Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court upheld the trial court's order granting conditional leave to defend in a summary suit for recovery of an erroneously paid amount under a merchant agreement, dismissing the petition challenging the deposit condition.

civil petition_dismissed Significant summary suit leave to defend conditional leave erroneous payment

Sameedha Suhas Deshpande v. Chairman, Shri Dinesh Kumar Khara

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

The Bombay High Court held that probationary service counts towards qualifying service for pension under SBI’s voluntary retirement scheme, quashing SBI’s refusal to grant pension on excluding probation.

labor appeal_allowed Significant probationary service pension eligibility State Bank of India voluntary retirement scheme

M & G Global Services Pvt. Ltd v. Union of India

23 Aug 2022 · K.R. Shriram; Gauri Godse

The Bombay High Court held that interest under Section 11BB of the Central Excise Act is payable on delayed refunds from the expiry of three months from receipt of refund applications, regardless of delay caused by the revenue in raising objections.

tax petition_allowed Significant Section 11BB Central Excise Act interest on delayed refund CENVAT credit refund refund application defects

Jagdish @ Pintu Ratnakar Konherikar v. The State of Maharashtra

23 Aug 2022 · Revati Mohite Dere; Sharmila U. Deshmukh

The Bombay High Court set aside murder convictions due to non-compliance with mandatory provisions for recording confessions under Section 164 CrPC and lack of corroborative evidence.

criminal appeal_allowed Significant Section 164 CrPC confession voluntariness hostile witnesses recovery of weapons

M/s Shweta Infrastructure and Housing (I) Pvt. Ltd. v. State of Maharashtra and ors.

23 Aug 2022 · Abhay Ahuja

The Bombay High Court held that refund of stamp duty under the Maharashtra Stamp Act is permissible for a registered agreement for sale or development agreement cancelled within five years, regardless of instrument classification, and remanded the matter for fresh consideration.

civil appeal_allowed Significant Maharashtra Stamp Act, 1958 Section 47 Section 48 refund of stamp duty

Mansaram s/o Damu Ahire v. The State of Maharashtra

23 Aug 2022 · Sarang V. Kotwal

The Bombay High Court acquitted a police constable accused of bribery under the Prevention of Corruption Act due to irreconcilable discrepancies in prosecution evidence and failure to prove the charge beyond reasonable doubt.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 bribery trap case discrepancies in evidence