High Court of Bombay

5,131 judgments

Year:

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

Aditya Anand Varma v. The State of Maharashtra & Ors.

10 Jun 2022 · N.J. Jamadar

The Bombay High Court dismissed the writ petition challenging the continuation of domestic violence proceedings, affirming the expansive interpretation of 'shared household' and 'domestic relationship' under the DV Act and upholding the availability of statutory appeal as a bar to writ jurisdiction.

family petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 shared household domestic relationship aggrieved person

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