High Court of Bombay

4,236 judgments

Year:

The Executive Engineer, Mechanical Division v. Sulochana Baburao Nille

10 Jun 2022 · Sandeep K. Shinde

The Bombay High Court upheld the finding of composite negligence in a motor accident case and directed recalculation of compensation using the correct multiplier of 15 for a deceased aged 39 years.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 composite negligence compensation multiplier

Kiran Damodar Paygode & Ors. v. Union of India

10 Jun 2022 · Sandeep K. Shinde, J.

The High Court held that legal heirs of deceased dependents are entitled to claim unclaimed railway accident compensation and the Railway Claims Tribunal has power to execute such claims as decrees of a civil court, allowing condonation of delay in substitution applications.

civil appeal_allowed Significant Railways Act 1989 Railway Claims Tribunal compensation dependents

Arif Mohd. Rahilla v. The State of Maharashtra

10 Jun 2022 · A. S. Gadkari

The Bombay High Court acquitted the appellant in a child sexual assault case due to failure to prove identity beyond reasonable doubt and held that the offence constituted sexual assault under Section 7 POCSO, not penetrative assault under Section 6.

criminal appeal_allowed Significant POCSO Act sexual assault identification parade benefit of doubt

Deepak Marda v. The Income Tax Officer

10 Jun 2022 · Dhiraj Singh Thakur; Kamal Khata · [2014] 44 taxmann.com 304 (Bombay)
Cites 0 · Cited by 1

The Bombay High Court held that reopening of income tax assessment beyond four years without failure to disclose material facts and based on borrowed satisfaction is invalid, setting aside the reopening notice and order.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Chitra Sonawane v. The Union of India

09 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan

The Bombay High Court held that a person served with a show cause notice is eligible to file an application under Section 127-B of the Customs Act even if they have not filed the bill of entry personally.

administrative appeal_allowed Significant Section 127-B Customs Act Settlement Commission bill of entry show cause notice

Jar Productions Private Limited v. The Union of India

09 Jun 2022 · S.V. Gangapurwala; M.G. Sewlikar

The Bombay High Court allowed the writ petition directing refund of GST on export of services, holding that the petitioner was not unjustly enriched as the incidence of tax was not passed on to the recipient.

tax petition_allowed Significant GST refund export of services unjust enrichment zero rated supply

Seema Jagdish Patil v. The National Hi-Speed Rail Corporation Ltd.

09 Jun 2022 · S.V. Gangapurwala; M. G. Sewlikar

The Bombay High Court held that compensation paid under agreement for compulsory land acquisition is exempt from income tax under the Act, 2013, and directed correction of wrongful TDS deduction and refund.

tax petition_allowed Significant land acquisition income tax exemption Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 tax deducted at source

Kanji Ravaria @ Kanji s/o. Dharamshi Ravaria v. Anis Ismail Khoja (Karmali)

09 Jun 2022 · SMT. ANUJA PRABHUDESSAI, J.

The High Court allowed the second appeal, holding that the Plaintiffs failed to prove execution and validity of a delayed-registered sale deed, and dismissed their suit for declaration of title.

civil appeal_allowed Significant sale deed registration Transfer of Property Act Registration Act

Ananta Landmarks Private Limited v. State of Maharashtra

09 Jun 2022 · S.V. Gangapurwala; M. G. Sewlikar

The Bombay High Court held that the Maharashtra Land Revenue Conversion Rules, 2019 apply to lands acquired under the Land Acquisition Act, 1894 and allowed the petitioner’s conversion of occupancy from Class-II to Class-I.

property petition_allowed Significant Land Acquisition Act, 1894 Maharashtra Land Revenue Code Occupancy Class-II Conversion Rules, 2019

M/s. M.N. Trading Co. v. The Union of India

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

The Bombay High Court dismissed a writ petition challenging retrospective GST registration cancellation for failure to exhaust statutory remedies and non-compliance with limitation, affirming that writ jurisdiction cannot bypass the CGST Act's appeal mechanism.

administrative petition_dismissed Significant GST registration cancellation statutory remedies writ jurisdiction Article 226

M/s Angerlehner Structural and Civil Engineering Company v. Municipal Corporation of Greater Bombay

07 Jun 2022 · B. P. Colabawalla

The Bombay High Court held that under the GST Reverse Charge Mechanism, the recipient (MCGM) is liable to pay GST on interest awarded under an Arbitral Award, and the contract does not shift this liability to the foreign Applicant, directing MCGM to pay the withheld GST amount.

civil appeal_allowed Significant Arbitral Award Goods and Services Tax GST Reverse Charge Mechanism

Arun Appaso Dange v. The State of Maharashtra & Ors.

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

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC, rejecting the applicability of Exception 4 to Section 300 IPC, and affirmed the acquittal of other charges due to insufficient evidence.

criminal appeal_dismissed Significant Section 302 IPC Exception 4 to Section 300 IPC murder culpable homicide

The Secretary Maharashtra Public Service Commission v. Mayur Chandrakant Bhave

07 Jun 2022 · A. S. Chandurkar; Jitendra Jain

The High Court upheld the Tribunal's order exempting an orphan category candidate from the typing test under a Government Resolution and rejected allegations of fraud in the application process.

administrative appeal_dismissed Significant Government Resolution 7th July 2022 Orphan category exemption Typing test exemption Recruitment fraud allegation

Shri Jahid Moharam Shaikh v. Bombay Housing and Area Development Board

06 Jun 2022 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and set aside the trial court's decree holding the suit challenging tenancy transfer barred by limitation under Section 173 of the Maharashtra Housing and Area Development Act, 1976.

civil appeal_allowed Significant Section 173 Maharashtra Housing and Area Development Act limitation period transfer of tenancy Maharashtra Housing Board

Quant Broking Pvt Ltd v. Union of India & Ors.

06 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan

The Bombay High Court held that the designated committee under the Sabka Vishwas Scheme must verify the truthfulness of the declarant's claim, including reversal of credit payments, before issuing the final statement, and cannot reject such claims solely because they are subject to pending appeals.

tax appeal_allowed Significant Sabka Vishwas Scheme Legacy Dispute Resolution designated committee verification of declaration

Priya Rishi Bhuta & Anr. v. Vardhaman Engineers and Builders & Ors.

06 Jun 2022 · G.S. Kulkarni

The Bombay High Court held that legal heirs recognized in a partnership deed have the right to invoke arbitration under the deed despite a pending civil suit for estate administration.

civil appeal_allowed Significant arbitration agreement legal heirs partnership deed Section 11 Arbitration Act

Jagannath Khanderao Kedar v. Gopinath Bhimaji Kedar

06 Jun 2022 · Rohit B. Deo

The High Court held that holders of only an Agreement of Sale without conveyance are neither necessary nor proper parties to a partition suit and quashed their impleadment by the trial court.

civil appeal_allowed Significant Agreement of Sale Section 54 Transfer of Property Act Order I Rule 10 CPC Necessary party

Kisanpal Rampal Paswan v. The State of Maharashtra

06 Jun 2022 · Revati Mohite Dere; V. G. Bisht
Cites 3 · Cited by 0

The Bombay High Court acquitted the appellant of murder due to inadmissibility of confession to police and failure of prosecution to establish a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant extra judicial confession Section 25 Evidence Act circumstantial evidence Section 106 Evidence Act

Chitali Bottling Limited v. Brihan Karan Sugar Syndicate

06 Jun 2022 · A.S. Gadkari

The Bombay High Court upheld the trial court's rejection of interim injunction, holding that a valid, determinable written license agreement governs trademark use and unpleaded oral licenses cannot override it.

civil appeal_dismissed Significant License Agreement Trade Marks Oral License Specific Relief Act Section 14

Premchand @ Babu Punjabi v. Commissioner of Police Thane & Ors.

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

The Bombay High Court quashed a preventive detention order due to unexplained delay by jail authorities in forwarding the petitioner's representation, violating constitutional safeguards under Article 22(5).

criminal appeal_allowed Significant preventive detention MPDA Act Article 22(5) representation delay