High Court of Bombay
5,131 judgments
Siddharth Narendra Banthia v. State of Maharashtra
The Bombay High Court upheld the rejection of discharge and held that a prima facie case including rape under clause fourthly of section 375 IPC is made out where the accused, knowing he was not the lawful husband, induced the prosecutrix to consent under mistaken belief, thus justifying trial continuation.
Sharad Shivaji Jamdar v. The State of Maharashtra and Ors
The Bombay High Court dismissed writ petitions challenging ward formation and election program, holding that judicial interference post-election program declaration is generally impermissible and the use of Google Maps for delimitation is valid.
Keda Pandit Bachhav v. The State of Maharashtra
The High Court acquitted the appellant of murder due to failure of the prosecution to establish a complete and conclusive chain of circumstantial evidence beyond reasonable doubt.
Raj M. Ahuja & Jain M. Ahuja v. The Municipal Corporation of Greater Mumbai
The Bombay High Court held that MCGM cannot require 100% tenant consent for redevelopment commencement certificates and that majority consent as per DCPR-2034 suffices, striking down the 100% consent condition as arbitrary.
Sanket Janardan Bhase v. The Assistant Charity Commissioner No. VII Greater Mumbai Region
The Bombay High Court held that an ex-student and volunteer is not a "person having interest" under the Maharashtra Public Trust Act and dismissed his petition challenging rejection of his application to join trust proceedings.
Vikram Dhondiram Raskar v. The State of Maharashtra
The Bombay High Court held that a private cooperative bank is not a State under Article 12, and candidates who participate in interviews cannot later challenge the selection process on alleged irregularities, dismissing the writ petition.
Tanvi’s Diamoda Cooperative Housing Society Ltd. v. State of Maharashtra & Ors.
The Bombay High Court held that a cooperative housing society lawfully refused membership to an auction purchaser due to admitted unpaid dues, affirming that payment of arrears is mandatory before transfer of membership under the Maharashtra Cooperative Societies Act.
Vitthal Shankar Nanaware & Ors. v. Jitendra Shivaji Ambekar & Ors.
The Bombay High Court allowed the appeal to convert a motor accident claim filed under Section 163A to Section 166 due to the deceased's income exceeding Rs.40,000, remanding the matter for fresh adjudication.
Nandlal Zagadu Yadav v. The State of Maharashtra
The Bombay High Court allowed the appeal and acquitted the accused due to lack of expert evidence on victim's mental illness, contradictions in prosecution evidence, and absence of victim's testimony, holding that the prosecution failed to prove rape and wrongful confinement beyond reasonable doubt.
Dattatraya Bajirao Kale v. Shri Dinkar Pandurang Pawar
The Bombay High Court dismissed the second appeal upholding the trial and appellate courts' decree for specific performance, holding the suit within limitation and the appellant not a bona fide purchaser.
M/s. Metaforge Engineering (I) P. Ltd. v. Union of India
A Medium Enterprise acting as a supplier of goods produced by micro or small enterprises can invoke the jurisdiction of the Micro and Small Enterprises Facilitation Council under section 18 of the MSMED Act.
Raymond Ltd. v. Maruti Tukaram Yadav & Anr.
The Bombay High Court upheld the Industrial Court's jurisdiction over contract workers' complaints under the MRTU & PULP Act and approved a lump sum compensation settlement to end a 26-year labor dispute with Raymond Ltd.
Nitin Nagarkar v. Income-tax Officer
The Bombay High Court held that a Tax Recovery Officer lacks jurisdiction to declare a property transfer void under Section 281 of the Income Tax Act, 1961, setting aside such an order passed without due procedure.
Shankar @ Bhagirath Bachaku Zha v. The State of Maharashtra
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 II IPC, recognizing grave and sudden provocation as mitigating circumstance.
Vivek Gawde v. Municipal Corporation of Greater Mumbai
The Bombay High Court held that framing of regulations under Section 105H MMC Act is discretionary and absence thereof does not invalidate eviction proceedings under Section 105B, directing the enquiry to proceed with adherence to natural justice.
Authorized Officer, I.D.B.I Bank Ltd. v. The State of Maharashtra
The High Court held that the District Magistrate's jurisdiction under Section 14 of the SARFAESI Act is limited to assisting secured creditors in taking possession of secured assets and does not extend to adjudicating disputes or entertaining borrower objections, setting aside the impugned order that exceeded this scope.
Nikhilesh Kesarichand Jhaveri v. New Era Fabrics Limited
The court held that proforma defendants without adverse interest cannot lead evidence adverse to Plaintiffs in an eviction suit, setting aside the order permitting such evidence.
The Pr. Commissioner of Income Tax-4, Pune v. Kumar Builders Consortium
The Bombay High Court upheld the ITAT's order allowing pro rata deduction under Section 80IB(10) of the Income Tax Act for eligible flats despite some flats exceeding the prescribed built-up area limit.
M/s. L.K.P. Merchant Financing Ltd. v. The Dy. Commissioner of Income Tax
The Bombay High Court held that under amended Section 36(1)(vii), a bona fide write-off of bad debt in accounts suffices for tax deduction, allowing the appellant's claim despite accounting method or pending litigation.
Royston Xavier Parera v. The State of Maharashtra
The Bombay High Court upheld the conviction of the appellant for penetrative sexual assault on a minor under the POCSO Act and IPC, affirming the sufficiency of credible child testimony and medical evidence despite absence of injury.