High Court of Bombay
5,131 judgments
The State of Maharashtra v. Sinica Graeca Shipping Limited
The Bombay High Court held that Sheriff's poundage fees arise only upon realisation traceable to arrest or attachment, and no poundage is payable where parties settle by referring disputes to foreign jurisdiction without monetary realisation in the arresting court.
Dhanraj Bhagirath Gotwal v. State of Maharashtra & Ors.
The Bombay High Court dismissed the writ petition challenging the Slum Rehabilitation Authority's order confirming the petitioner's entitlement to 120 sq.ft. area, holding that unauthorized post-notification alterations and delay barred claim to additional area.
Amit Manilal Haria; Hiren Uday Gada; Atul Hirji Maru v. The Joint Commissioner, CGST & Central Excise
The Bombay High Court quashed penalties imposed under Section 122(1A) of the CGST Act on company employees, holding that such penalties apply only to taxable persons and cannot be retrospectively imposed.
Rashmi Aditya Gupta v. Mangal Keshav Securities Ltd & Samir Kapadia
The Bombay High Court dismissed the appeal challenging an arbitral award on unauthorized F&O transactions and margin requirements, holding that judicial interference is limited to patent illegality or fundamental policy violations and that collateral securities satisfy margin obligations under NSE regulations.
Mayuresh Ajit Gambhir v. The State of Maharashtra & Ors.
The High Court acquitted the appellant of murder charges due to failure of the prosecution to prove his identity beyond reasonable doubt, highlighting unreliable identification evidence and procedural lapses.
Time Field Corporation v. Shri Sankalp Co-op. Housing Society Ltd.
The Bombay High Court dismissed the appeal and upheld the setting aside of a consent decree obtained by fraud, holding that a co-operative society's property cannot be divested by fraudulent consent terms signed by conflicted parties.
Vodafone Idea Limited v. The Union of India
The Bombay High Court held that international inbound roaming and long distance telecom services provided by Vodafone Idea Limited to foreign telecom operators qualify as export of services under the IGST Act, entitling the company to refund of IGST paid.
Jayprakash Sahakari Griha Rachana Sanstha Mrt v. The State of Maharashtra & Ors.
The Bombay High Court held that the term of a cooperative society's managing committee was lawfully extended due to the Covid-19 pandemic and that a non-member lacked locus to challenge the committee, directing withdrawal of the show cause notice for appointment of an Administrator.
Rajiv Sanghvi & Ors. v. Pradip R. Kamdar & Ors.
The Bombay High Court held that a valid family settlement agreement is enforceable by specific performance in Civil Court despite pending NCLT proceedings, granting interim injunction to protect Plaintiffs’ rights under the agreement.
Damu Ramu Avhad v. The State of Maharashtra
The Bombay High Court set aside the conviction of a police officer under the Prevention of Corruption Act due to lack of evidence proving demand and acceptance of bribe, emphasizing the necessity of corroboration and proper investigation.
Hemant Vasant Jagtap v. Haji Abdul Malik Haji Yunusisa
The Bombay High Court held that police protection can be granted under Section 151 CPC to enforce a temporary injunction order amid admitted violation and apprehension of violence, even if an appeal is pending and relief under Order 39 Rule 2A CPC has not been sought.
Chairman Dr. D Y Patil Education Enterprise Charitable Trust v. Soma Seriac
The Bombay High Court held that a Grievances Committee's decision without statutory quorum under Section 79 of the Maharashtra Public Universities Act, 2016, is invalid, and majority decision rules under Section 69 do not apply to it.
Prakash Tatoba Toraskar v. Income-tax Officer 24(3)(1) Mumbai & Ors.
The Bombay High Court held that reassessment notices issued under Section 148 of the Income Tax Act in the name of a deceased person are invalid unless legal heirs submit to the jurisdiction, and set aside such notices and orders issued against the deceased assessee.
Ramesh Bapurao Padmawar v. The State of Maharashtra
The Bombay High Court held that a liquor license transfer obtained by forged documents and impersonation is void and can be recalled by the authority, quashing appellate orders that legitimized the fraudulent transfer.
Parvez Farukh Dalvi v. 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, highlighting the importance of credible circumstantial evidence and timely witness reporting.
Rabia Khan v. Union of India
The Bombay High Court dismissed the petition seeking further investigation and formation of SIT after CBI's thorough probe and commencement of trial, emphasizing adherence to due process and rejecting attempts to pre-judge the nature of death.
Safiakhatoon Kamal Ahmed Khan and Ors. v. Farooq Merchant and Anr.
The court held that legal representatives of a deceased rider responsible for a self-accident cannot claim compensation under Sections 166 or 163-A of the Motor Vehicles Act, dismissing the appeal.
Rahul Hiraman Birhade v. Union of India
The Bombay High Court upheld removal of a CISF constable for unauthorized absence and disobedience, applying the doctrine of proportionality to affirm the penalty as justified and not excessive.
Rajiv Singh v. The Shipping Corporation of India Ltd.
The Bombay High Court quashed the dismissal of a seafarer for taking other employment without inquiry, emphasizing natural justice and ordered payment of retiral benefits and partial back wages.
J.V. Salunke v. The Director-General, Central Industrial Security Force and Ors.
The Bombay High Court set aside the disciplinary removal of a CISF constable for procedural violations and insufficient evidence, directing reinstatement for completion of inquiry in compliance with natural justice.