High Court of Bombay
4,240 judgments
Dilip Dagdoba Zadbuke & Ors. v. Sadanand Arvind Khandagle
The High Court dismissed the appeal holding that legal representatives cannot file a counter claim beyond the deceased's defence and that failure to prove part performance under Section 53A justifies dismissal of possession claims based on oral agreement.
Madhukar Makaji Mudgul v. The State of Maharashtra
The Bombay High Court upheld the conviction of a deaf and dumb rape victim's brother-in-law, enhanced the sentence to the statutory minimum of seven years rigorous imprisonment, and affirmed the admissibility of victim's testimony through an expert interpreter under Section 119 of the Indian Evidence Act.
Anil Kumar Singhal and Another v. State of Maharashtra and Others
The High Court dismissed the application to quash proceedings under sections 138 and 141 of the Negotiable Instruments Act, holding that the complaint contained sufficient averments of the applicants' responsibility as directors and no unimpeachable evidence negated their liability.
Nizar Noorali Rangara and Another v. State of Maharashtra and Others
The Bombay High Court held that criminal complaints under section 138 of the Negotiable Instruments Act are maintainable against a company wound up by consent terms, without requiring leave under section 446 of the Companies Act, and dismissed applications to quash such complaints.
Allauddin v. The State of Maharashtra
The Bombay High Court upheld the conviction of a husband for the murder of his wife based on circumstantial evidence and medical opinion ruling out suicidal hanging, emphasizing the burden on the accused to explain death when last seen together.
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The Bombay High Court upheld the revocation of suspension of a police officer by the Maharashtra Administrative Tribunal, emphasizing that suspension cannot be prolonged indefinitely without a reasoned extension order and dismissing the writ petition filed by the complainant lacking locus standi.
Gopal Shivram Krishnan v. The State of Maharashtra
The Bombay High Court acquitted the appellant of murder charges due to failure of the prosecution to prove guilt beyond reasonable doubt on circumstantial evidence.
Infinity Infra v. The City and Industrial Development Corporation of Maharashtra Limited
The Bombay High Court held that a bidder is entitled to withdraw its bid and claim refund of the Earnest Money Deposit after the stipulated 90-day validity period, and forfeiture clauses apply only within that period.
Vitthal Rajendra Jogade v. The State of Maharashtra
The Bombay High Court upheld the conviction of the appellant for aggravated sexual assault of a minor under IPC and POCSO Act, modifying the sentence to 8 years rigorous imprisonment based on credible victim testimony and proportionality in sentencing.
Sunil Shamrao Patil & Anupama Sunil Patil v. The State of Maharashtra & Ors.
The Bombay High Court held that without mandatory service of notice under Section 35(3) of the Indian Forest Act, 1927, land cannot be declared private forest under the MPFA, quashing mutation entries vesting such land in the State Government.
The Chief Administrative Officer, Maharashtra Jeevan Pradhikaran v. Shri Satish Gajanan Pradhan
The Bombay High Court upheld the jurisdiction of the Permanent Lok Adalat to adjudicate a pension-related dispute as a public utility service matter under the Legal Services Authorities Act, dismissing the petitioner’s challenge.
Sole Proprietor of M/s Vikrant Developers v. Rashida Sadiqbhai Kalyanwalla
The Bombay High Court appointed an arbitrator under Section 11 of the Arbitration Act, held that arbitration commences on invocation notice, and referred disputes including impleading a subsequent transferee to arbitration.
The Pr. Commissioner of Income Tax-14, Mumbai v. Shivshahi Punarvasan Prakalp Ltd
The High Court held that prior to Explanation 2 to Section 263, mere inadequacy of inquiry by the Assessing Officer does not justify revision of assessment order, and upheld the Tribunal's decision dismissing the revenue's appeal against the allowance of deductions claimed by the assessee.
Firdous Mohammad Yunus Patel v. The State of Maharashtra
The Bombay High Court held that disqualification for compassionate employment under Clause (E) applies only to children from the applicant's marriage with the deceased employee, allowing the petitioner to seek compassionate appointment despite the employee's children from a prior marriage.
Arabian Jacking Enterprises For Contracting & Trading Company v. Municipal Corporation of Greater Bombay
The Bombay High Court upheld the arbitral award in favor of AJECT, ruling that the arbitrators correctly interpreted the price variation clause including both INR and foreign currency components, and that the award did not violate public policy or fundamental Indian law.
Smita Pansare & Ors. v. State of Maharashtra & Ors.
The Bombay High Court transferred the investigation of Comrade Govind Pansare's murder from the SIT to the Maharashtra ATS due to lack of progress, directing cooperation to ensure effective investigation without disrupting the ongoing trial.
Karmayogi Shankarraoji Patil & Ors. v. Ruia & Ruia Pvt. Ltd. & Ors.
The Bombay High Court allowed the petitioners' appeal and directed closure of proceedings under Section 138 of the Negotiable Instruments Act upon payment of interest and costs, holding that payment of cheque amount with interest justifies discharge even after issuance of process.
Phoenix ARC Private Limited v. The State of Maharashtra
The Bombay High Court held that the Designated Authority under Section 14 of the SARFAESI Act has only ministerial jurisdiction to assist secured creditors in taking possession and cannot adjudicate disputes or entertain third party objections, setting aside an order that delayed possession pending tenancy disputes.
Anil Ramesh Kolhe v. State of Maharashtra & Ors.
The Bombay High Court upheld the conviction of a man for raping a mentally retarded woman but reduced his sentence from life imprisonment to 10 years rigorous imprisonment, emphasizing the victim's incapacity to consent and the need for proportional sentencing.
Santosh Prakash Gurav v. State of Maharashtra
The Bombay High Court acquitted three appellants in a robbery case due to doubtful identification, unreliable recovery, and uncorroborated retracted confessions, emphasizing the need for corroboration in criminal convictions.