High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Arun Popatrao Pingale v. The State of Maharashtra & Ors.

12 Jul 2022 · A.S. Gadkari

The Bombay High Court upheld the conviction of the appellant for sexual assault on a minor, relying on medical and DNA evidence despite the victim's death before cross-examination.

criminal appeal_dismissed Significant POCSO Act sexual assault minor victim DNA evidence

Pinnacle Life Science Pvt. Ltd. v. Union of India

11 Jul 2022 · K.R. Shriram; Milind N. Jadhav

The Bombay High Court held that the three-month time limit prescribed by a Customs circular for amendment of shipping bills under Section 149 of the Customs Act is illegal, directing the Customs Commissioner to consider amendment applications on merits without time bar.

administrative appeal_allowed Significant Section 149 Customs Act 1962 amendment of shipping bills time limit Circular No.36/2010-Customs

Union of India v. Customs & Central Excise Settlement Commission

08 Jul 2022 · K. R. Shriram; Milind N. Jadhav

The Bombay High Court upheld the Settlement Commission's classification of an imported vehicle under Customs Tariff Heading 87.02 based on seating capacity, dismissing the Union of India's challenge regarding jurisdiction and procedural defects.

administrative petition_dismissed Significant Customs Act, 1962 Settlement Commission Customs Tariff Act, 1975 classification of goods

Meena Anand Suryadutt Bhatt v. Union of India

08 Jul 2022 · K. R. Shriram; Milind N. Jadhav

The High Court quashed penalty orders against a resigned director for lack of personal notice and violation of natural justice under the Foreign Trade (Development and Regulation) Act, 1992.

administrative petition_allowed Significant natural justice vicarious liability director liability Foreign Trade (Development and Regulation) Act, 1992

Dilip Virumal Ahuja v. Rekha Vithal Patil & The State of Maharashtra

08 Jul 2022 · A.S. Gadkari

The High Court upheld the acquittal of the accused in a Section 138 N.I. Act case, holding that the presumption of debt was successfully rebutted by evidence of loss of cheque and non-existence of loan.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 139 presumption Cheque dishonour Rebuttal of presumption

Expotec International Ltd. v. The Union of India

07 Jul 2022 · K.R. Shriram; Milind N. Jadhav

The Bombay High Court held that an importer who avails concessional customs duty under Notification 27/02-Cus for leased goods is not entitled to drawback under Section 74 of the Customs Act, and directed recovery of erroneously paid drawback.

tax petition_dismissed Significant drawback customs duty Notification 27/02-Cus Section 74 Customs Act

Ariz Kohli v. Tehzeeb Kohli

07 Jul 2022 · Bharati Dangre

The Bombay High Court set aside the Family Court's order allowing amendment substituting restitution of conjugal rights with divorce, holding such amendment impermissible under CPC and Family Courts Act principles.

family appeal_allowed Significant Family Courts Act, 1984 Order 6 Rule 17 CPC Amendment of pleadings Restitution of conjugal rights

IDFC First Bank Ltd. v. The Union of India

07 Jul 2022 · G. S. Kulkarni; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court quashed a 12-year delayed show cause notice issued to a non-existent entity, holding that statutory timelines under Section 73(4B) of the Finance Act, 1994 are mandatory and delayed adjudication causing prejudice is impermissible.

administrative petition_allowed Significant delayed adjudication show cause notice Section 73(4B) Finance Act 1994 service tax recovery

The State of Maharashtra v. Sinica Graeca Shipping Limited

06 Jul 2022 · G. S. Patel; Madhav J Jamdar

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.

civil appeal_dismissed Significant Sheriff's poundage warrant of arrest arrest and attachment commercial suit

Dhanraj Bhagirath Gotwal v. State of Maharashtra & Ors.

06 Jul 2022 · Milind N. Jadhav

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.

property petition_dismissed Significant Slum Rehabilitation Authority Annexure-II Maharashtra Slum Areas Act unauthorized alteration

Amit Manilal Haria; Hiren Uday Gada; Atul Hirji Maru v. The Joint Commissioner, CGST & Central Excise

06 Jul 2022 · G. S. Kulkarni; Aarti Sathe
Cites 2 · Cited by 0

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.

tax petition_allowed Significant Section 122(1A) CGST Act Input Tax Credit Taxable person Penalty jurisdiction

Rashmi Aditya Gupta v. Mangal Keshav Securities Ltd & Samir Kapadia

05 Jul 2022 · G. S. Patel; Madhav J Jamdar
Cites 1 · Cited by 0

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.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Margin money NSE Regulations

Mayuresh Ajit Gambhir v. The State of Maharashtra & Ors.

05 Jul 2022 · Revati Mohite Dere; V. G. Bisht

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.

criminal appeal_allowed Significant Section 302 IPC murder identification evidence Test Identification Parade

Time Field Corporation v. Shri Sankalp Co-op. Housing Society Ltd.

04 Jul 2022 · G.S. Patel; Madhav J Jamdar
Cites 1 · Cited by 0

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.

civil appeal_dismissed Significant consent decree fraud on court co-operative society locus standi

Vodafone Idea Limited v. The Union of India

04 Jul 2022 · K. R. Shriram; Milind N. Jadhav

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.

tax appeal_allowed Significant export of services place of supply IGST Act 2017 international roaming services

Jayprakash Sahakari Griha Rachana Sanstha Mrt v. The State of Maharashtra & Ors.

04 Jul 2022 · R.D. Dhanuka; M.G. Sewlikar

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.

administrative petition_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 73AAA Section 77(A)(1-b) Covid-19 pandemic

Rajiv Sanghvi & Ors. v. Pradip R. Kamdar & Ors.

30 Jun 2022 · R.I. Chagla J.

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.

civil appeal_allowed Significant family settlement specific performance Companies Act 2013 Section 430 Companies Act

Damu Ramu Avhad v. The State of Maharashtra

30 Jun 2022 · V. G. Bisht
Cites 2 · Cited by 0

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.

criminal appeal_allowed Significant Prevention of Corruption Act, 1947 demand and acceptance of bribe corruption trap recovery of tainted money

Hemant Vasant Jagtap v. Haji Abdul Malik Haji Yunusisa

30 Jun 2022 · Sandeep V. Marne

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.

civil petition_allowed Significant temporary injunction police protection Section 151 CPC Order 39 Rule 2A CPC

Chairman Dr. D Y Patil Education Enterprise Charitable Trust v. Soma Seriac

30 Jun 2022 · G. S. Kulkarni

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.

administrative appeal_allowed Significant Grievances Committee Maharashtra Public Universities Act, 2016 statutory quorum majority decision