High Court of Bombay

4,236 judgments

Year:

Ashwini Sayaji Patil and Ors. v. The State of Maharashtra and Ors.

04 Jun 2022 · Milind N. Jadhav; Abhay Ahuja

The High Court set aside orders disqualifying petitioners from cooperative society membership for lack of individual eligibility determination and directed fresh hearings without interfering in the ongoing election process.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 membership eligibility agriculturist definition cooperative society election

Shamrao Piraji Kadam v. Prakash Shivaji Chavan & Ors.

30 May 2022 · Milind N. Jadhav

The Bombay High Court allowed condonation of delay in filing appeal against an ex parte decree obtained by fraudulent service, quashing the order rejecting the delay application.

civil appeal_allowed Significant condonation of delay ex parte decree fraudulent service specific performance

Hasmukh Estates Pvt. Ltd. v. Assistant Commissioner of Income-tax 1(1)

28 May 2022 · K. R. Shriram; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court held that reopening of income tax assessment based on internal audit objections without CAG's objection is impermissible as it amounts to an impermissible change of opinion.

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

Shri Harish Chandra Damodar Gaikwad v. Union of India

24 May 2022 · SANDEEP K. SHINDE
Cites 1 · Cited by 0

The Bombay High Court held that a passenger traveling with a valid season ticket without an identity card is a bonafide passenger and that injuries from an accidental fall constitute an untoward incident entitling compensation under the Railways Act.

civil appeal_allowed Significant Railway Claims Tribunal Act, 1987 bonafide passenger season ticket identity card

State of Maharashtra v. Mayuri & Ors.

24 May 2022 · Sandeep V. Marne

The Bombay High Court held that government departments are not entitled to special treatment in condoning delay and dismissed the application for condonation of delay in filing a civil revision challenging an eviction decree after an inordinate delay.

civil petition_dismissed Significant condonation of delay Limitation Act government departments administrative delay

Nitin Sitaram Waghmare & Ors. v. Balu Kanha Gawade & Ors.

17 May 2022 · Milind N. Jadhav

The High Court held that suits involving the same property but different parties and reliefs cannot be clubbed for common evidence, and upheld the trial court's rejection of such clubbing.

civil petition_dismissed clubbing of suits common evidence Section 24 CPC injunction

Shankar M. Gowekar v. Divisional Transport Officers Maharashtra State Road Transport Corporation

13 May 2022 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's finding of an unfair domestic enquiry and quashed the dismissal of a driver, ordering reinstatement without back wages.

labor appeal_allowed Significant domestic enquiry principles of natural justice unfair labour practice perverse findings

Vilas Eknath Nandgude v. State of Maharashtra

13 May 2022 · Sandeep V. Marne

The Bombay High Court dismissed the petition seeking refund of stamp duty paid on unexecuted sale deeds, holding that the statutory six-month limitation under the Maharashtra Stamp Act applies strictly and the High Court cannot grant relief beyond statutory provisions.

civil petition_dismissed Significant stamp duty refund Maharashtra Stamp Act 1958 Section 47 Section 48

Anirudh Prataprai Nansi v. The Union of India

11 May 2022 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

The Bombay High Court held that a retired government employee undergoing a heart transplant at a private hospital due to non-availability of empanelled facilities is entitled to full medical reimbursement beyond CGHS rates, affirming the constitutional right to health under Article 21.

constitutional petition_allowed Significant heart transplant medical reimbursement Central Government Health Scheme fundamental right to life

Omkar Mahadeo Supekar v. Municipal Corporation of Greater Mumbai

06 May 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court held that MCGM's construction of a cycling and jogging track inside Powai Lake violates Development Control Regulations and is illegal, ordering removal of all construction and restoration of the lake.

environmental petition_allowed Significant Powai Lake wetland reclamation construction

Adani Electricity Mumbai Ltd. v. The Chief Conciliator and Ors.

06 May 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that the Maharashtra Industrial Relations Act, 1946 applies to a company engaged in both generation and supply of electricity in Mumbai, dismissing the writ petition challenging the Industrial Court's jurisdiction.

labor appeal_dismissed Significant Maharashtra Industrial Relations Act, 1946 Industrial Court jurisdiction generation and supply of electricity government notifications

Sea Sagar Construction Co. v. Mr. V.A. Nair & Ors.

06 May 2022 · K.R. Shriram; N.R. Borkar
Cites 1 · Cited by 0

The Bombay High Court held that reassessment notices issued beyond the six-year limitation without a binding appellate finding or direction are invalid, upholding the completed contract method of accounting and quashing the reopening of assessments.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reassessment limitation Section 149 limitation

Atul & Arkade Realty v. I.A. & I.C. Private Limited

06 May 2022 · N.J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court held that disputes involving allegations of fraud and forgery are arbitrable unless the arbitration agreement is manifestly non-existent, and directed appointment of an arbitrator, overruling its earlier order for a pre-arbitration trial.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 arbitration agreement fraud and forgery

Laxman Pilaji Ovalekar & Manohar Laxman Ovalekar v. The State of Maharashtra

06 May 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellant of murder charges due to unreliable dying declaration and lack of medical evidence proving fatal injury caused by him, granting benefit of doubt and allowing the appeal.

criminal appeal_allowed Significant dying declaration Section 302 IPC common intention medical evidence

Satish Mahadeo Kale v. The State of Maharashtra

06 May 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder charges due to doubts over the reliability of the dying declaration and procedural lapses, emphasizing that a dying declaration must be voluntary and truthful to sustain conviction.

criminal appeal_allowed Significant dying declaration Section 302 IPC reasonable doubt voluntariness

Sham Timanna Gaikwad v. The State of Maharashtra

06 May 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court modified the appellant's conviction from murder to culpable homicide not amounting to murder, emphasizing the absence of intent to kill and the need for caution in relying on child witness testimony.

criminal appeal_allowed Significant culpable homicide not amounting to murder Section 302 IPC Section 304 IPC minor child witness

The State of Maharashtra v. Guddu Krish Yadav

06 May 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court confirmed the death sentence of Guddu Krish Yadav for the acid attack double murder of Rajkumar and Geetadevi, holding the dying declarations and corroborative evidence reliable and the case as rarest of rare.

criminal appeal_dismissed Significant acid attack dying declaration Section 302 IPC death penalty

ABC v. The State of Maharashtra

06 May 2022 · Revati Mohite Dere; Madhav J. Jamdar

The Bombay High Court directed the State to accommodate a candidate with XY chromosomes but female social and legal identity in a non-constabulary police post with full service benefits, recognizing the need for sensitive administrative discretion.

administrative petition_allowed Significant Police Recruitment Karyotyping Test Gender Identity Scheduled Caste Reservation

Deepa Pramod Waghchaude & Anjali Anant Shelar v. The State of Maharashtra & Ors.

06 May 2022 · Revati Mohite Dere; Madhav J. Jamdar

The Bombay High Court allowed the writ petition directing payment of insurance claims to firemen's families, holding that presence of ethyl alcohol due to environmental contamination cannot justify rejection of claims when death occurred in official rescue duty.

administrative petition_allowed Significant Group Personal Accident Insurance Policy martyr status toxic gases viscera report

Sanjay Nhobat Singh v. Union of India

06 May 2022 · Prasanna B. Varale; S. M. Modak
Cites 2 · Cited by 0

The Bombay High Court upheld the disciplinary authority’s competence under RPF Rules to conduct enquiry and impose dismissal but remanded the matter for limited cross-examination opportunity due to enquiry officer’s procedural irregularity.

administrative petition_allowed Significant Railway Protection Force Rules 1987 disciplinary authority competence departmental enquiry presenting officer