High Court of Bombay

4,236 judgments

Year:

M/s. Dipak Metal Industries v. Deputy Commissioner of State Tax, Vasai

22 Jun 2022 · M.S. Sonak; Advait M. Sethna

The Bombay High Court set aside a revisional GST cancellation order for failure to serve notice at the correct address, emphasizing the mandatory observance of natural justice in tax proceedings.

administrative appeal_allowed Significant natural justice service of notice GST registration cancellation Section 108 CGST Act

Rahul Sambhaji Gaware; Ramesh Ramchandra Palande; Sudhir Balasaheb Pharate v. State of Maharashtra; District Co-operative Election Officer and Regional Joint Director (Sugar), Pune Division; Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd.; Zill

21 Jun 2022 · R.D. Dhanuka; M.G. Sewlikar

The Bombay High Court upheld the final voters list for cooperative society elections, ruling that inclusion of deceased members does not vitiate the election process where statutory safeguards and procedures are followed.

administrative petition_dismissed Significant Cooperative Societies Election Voters List Finalization Deceased Members Impersonation

Satish Chimanlal Shah v. Bhaskar Bapulal Shah

20 Jun 2022 · G.S. Kulkarni

The Bombay High Court appointed an arbitrator and converted Section 9 petitions into Section 17 proceedings for partnership disputes, allowing impleadment of legal heirs and restraining respondents from dealing with partnership assets pending arbitration.

civil appeal_allowed Arbitration and Conciliation Act, 1996 Section 9 petition Section 17 application Partnership dispute

Pranav Sharad Adurkar v. Jagdish Bhagwandas Ahuja & Ors.

17 Jun 2022 · G.S. Kulkarni

The Bombay High Court adjourned multiple insolvency petitions and directed judgment debtors to appear in court, warning of orders to secure their presence if they fail to appear.

civil other insolvency petition judgment creditor judgment debtor presence in court

Mohammad Nawab Mohammad Islam Malik v. The Directorate of Enforcement

17 Jun 2022 · N.J. Jamadar

The Bombay High Court held that persons confined in prison are absolutely prohibited from voting under Section 62(5) of the Representation of the People Act, 1951, and the Court cannot override this statutory bar by granting bail or permitting escorted voting.

criminal petition_dismissed Significant Section 62(5) Representation of the People Act, 1951 Right to vote Persons in custody Judicial discretion

Ram Raju @ Jatalya Umap v. The Commissioner of Police Pune and Others

17 Jun 2022 · Revati Mohite Dere; V. G. Bisht

The Bombay High Court quashed the preventive detention of a petitioner under the M.P.D.A. Act, holding that mere breach of law and order without affecting public order does not justify detention.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order law and order

Shamrao Rambhau Konde v. State of Maharashtra

16 Jun 2022 · Abhay Ahuja

The Bombay High Court dismissed the writ petition challenging tenancy rights and mutation entries after 55 years, holding that inordinate delay without proof of fraud bars reopening settled tenancy proceedings under the Maharashtra Tenancy and Agricultural Lands Act.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Tiller's day Tenancy rights Mutation entry

Kishore D. Raorane v. The High Court of Judicature at Bombay

15 Jun 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that securing higher marks in departmental examinations alone does not confer seniority or priority in promotion, affirming the application of the merit-cum-seniority principle and dismissing the petitioner’s challenge to promotions and seniority lists.

administrative petition_dismissed Significant merit-cum-seniority departmental examination promotion seniority list

HAL Offshore Ltd. v. The State of Maharashtra

15 Jun 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court dismissed the writ petition challenging VAT assessment on works contract executed offshore, holding that the petitioner must first exhaust the statutory appeal remedy under the MVAT Act before invoking writ jurisdiction.

tax petition_dismissed MVAT Act 2002 Article 226 Constitution of India Article 286 Constitution of India works contract

Sachin Parshuram Mane v. Commissioner of Police Pune City & Ors.

15 Jun 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a detention order under the M.P.D.A. Act due to unexplained delay and non-compliance with statutory requirements, emphasizing the need for promptness and reliable evidence in preventive detention cases.

criminal petition_allowed Significant preventive detention delay in detention order M.P.D.A. Act Section 3(3) M.P.D.A. Act

Monika Narendra Sharma v. Mukeshkumar Ramnath Bhagal

15 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court dismissed the appeal against the Family Court's order rejecting annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 on grounds of force and fraud as barred by limitation and lacking credible evidence.

family appeal_dismissed Significant Hindu Marriage Act, 1955 Section 12(1)(c) annulment of marriage force and fraud

Shivkumar Madeshwaran Devendra v. The State of Maharashtra

15 Jun 2022 · S. S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a preventive detention order due to unexplained delay, reliance on stale cases, and questionable witness statements, emphasizing the need for relevant and credible grounds for detention under the M.P.D.A. Act.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order delay in detention order

Ramchandra Thangappan Aachari v. The State of Maharashtra

15 Jun 2022 · A. S. Gadkari

The Bombay High Court upheld the conviction under the POCSO Act, holding that reliable medical and victim evidence established the victim's minority, rendering the appellant's marriage claim irrelevant.

criminal appeal_dismissed Significant POCSO Act age determination minor sexual offence

Hanumant Mahadev Bhosale & Ors. v. All India Council for Technical Education & Ors.

14 Jun 2022 · Nitin Jamdar; Bharati Dangre; Sandeep V. Marne

The Bombay High Court held that AICTE-prescribed pay scales for technical school employees require incorporation into Schedule 'C' of the MEPS Rules via statutory amendment before enforcement, resolving conflicting precedents on the applicability of MEPS Act and AICTE regulations.

labor other Significant MEPS Act AICTE Act pay scales technical schools

AshoPalav Coop. Housing Society Ltd. v. Pankaj Bhagubhai Desai & Anr.

10 Jun 2022 · G.S. Kulkarni

The Bombay High Court held that Section 79 of RERA does not bar arbitral tribunals from granting interim injunctions under Section 17 of the Arbitration and Conciliation Act, setting aside the arbitral tribunal's order and remanding for fresh consideration.

civil appeal_allowed Significant Section 79 RERA Arbitral tribunal jurisdiction Interim injunction Section 17 Arbitration Act

Anand Singh v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court held that victims do not have a statutory right to appeal against inadequate sentence under Section 372 Cr.P.C., dismissing the victim's appeal for sentence enhancement while affirming that only the State can prefer such appeals.

criminal appeal_dismissed Significant Section 372 CrPC victim's right of appeal inadequate sentence enhancement of sentence

Gautam Kamlakar Pardeshi & Ors. v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted appellants of murder charges due to unreliable extra-judicial confession, insufficient corroboration, and failure to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant extra-judicial confession last seen theory Section 302 IPC murder

Vijay Jagannath Khairnar & Suresh Jagannath Khairnar v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The High Court acquitted appellants of murder charges due to unreliable sole eyewitness testimony and failure of prosecution to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant single witness testimony benefit of doubt section 302 IPC murder conviction

Roshan Anant Sawant v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and related charges due to insufficient evidence and improper examination under Section 313 Cr.P.C., emphasizing that recovery of incriminating articles alone cannot sustain conviction.

criminal appeal_allowed Significant Section 302 IPC Section 313 CrPC recovery of stolen property blood-stained clothes

Harsherekha Ajay Garg and Another v. State of Maharashtra and Another

10 Jun 2022 · N.J. Jamadar

The Bombay High Court dismissed a writ petition challenging process issued under section 31 of the DV Act, holding that the petitioners must avail the statutory appeal remedy under section 29 and that writ jurisdiction is not exercisable in presence of an efficacious alternative remedy.

criminal petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 Section 31 DV Act Section 29 DV Act appeal Section 482 CrPC inherent powers