High Court of Bombay

5,131 judgments

Year:

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

Dr Sharmila Sandesh Ghuge v. State of Maharashtra

05 May 2022 · A. S. Chandurkar; G. A. Sanap

The Bombay High Court upheld the validity of a State Government amendment prescribing the date of promotion for Assistant Professors to Associate Professors as the date of selection by CAS, rejecting claims of arbitrariness and discrimination under Articles 14 and 21.

administrative petition_dismissed Significant Career Advancement Scheme Promotion date Assistant Professor Associate Professor

Bafna Motors Private Limited v. Amanulla Khan

05 May 2022 · N. J. Jamadar

The Bombay High Court held that disputes over refund of security deposit and damages under a Leave and License Agreement are arbitrable and not barred by the exclusive jurisdiction of the Court of Small Causes under section 41 of the Presidency Small Cause Courts Act, 1882.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Presidency Small Cause Courts Act, 1882 Section 41 Leave and License Agreement

M/s. Sai Pushp Enterprises & Ors. v. Thane Municipal Corporation & Ors.

05 May 2022 · S.V. Gangapurwala; Vinay Joshi
Cites 1 · Cited by 0

The Bombay High Court held that the demand for 2% of project cost as a conservation deposit beyond the notified Eco Sensitive Zone lacks statutory authority and quashed the demand, directing issuance of completion certificates without the deposit.

administrative petition_allowed Significant Eco Sensitive Zone National Board of Wildlife 2% project cost deposit environmental clearance

J. N. Meena v. Union of India

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

The Bombay High Court held that the appellate authority's revisional order under Rule 29(1)(v) CCS(CCA) Rules was illegal for failure to comply with the mandatory six-month time limit and procedural safeguards, quashing the order and setting aside the Tribunal's dismissal.

administrative appeal_allowed Significant Rule 29(1)(v) CCS(CCA) Rules Revision of disciplinary order Mandatory time limit Extension of time Rule 31

Girish Uttamrao Kohok v. Ratan Hiraji Deore

05 May 2022 · Bharati Dangre

The Bombay High Court allowed the second appeal and granted specific performance of a sale agreement despite initial refusal on technical grounds, holding that non-sanction of final layout is not a bar and credible oral evidence suffices to prove payment and readiness to perform.

civil appeal_allowed Significant specific performance agreement to sell earnest money Urban Land Ceiling Act

Faiz Ahmed Mohammed Ali Khot v. The State of Maharashtra

04 May 2022 · A.S. Chandurkar; G.A. Sanap

The Bombay High Court held that a suspended private school employee is entitled to subsistence allowance under the Maharashtra Employees of Private Schools Rules, and directed payment of arrears with interest due to management's failure to conduct enquiry or pay allowance.

labor petition_allowed Significant subsistence allowance suspension Maharashtra Employees of Private Schools Rules 1981 enquiry proceedings

M/s. Zeal Real Estate Limited v. Union of India

04 May 2022 · K.R. Shriram; N.R. Borkar

The Bombay High Court quashed the compulsory acquisition order under Section 269UD of the Income Tax Act for failure to determine fair market value and absence of a finding of tax evasion intent, holding that such acquisition requires strict compliance with statutory and natural justice principles.

administrative petition_allowed Significant Section 269UD Income Tax Act compulsory acquisition fair market value undervaluation

Nurul Shamsul Haq Shah v. The State of Maharashtra

04 May 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted appellants of murder charges due to unreliable dying declaration, inconsistent eyewitnesses, and inconclusive forensic evidence, emphasizing strict scrutiny of dying declarations under Section 32 Evidence Act.

criminal appeal_allowed Significant dying declaration Section 302 IPC eyewitness credibility forensic evidence

Indiabulls Housing Finance Ltd. v. State of Maharashtra

04 May 2022 · Prasanna B. Varale; S.M. Modak

The Bombay High Court quashed an FIR and investigation against Indiabulls Housing Finance Ltd. on finding the complaint malafide, lacking affidavit support, and an abuse of process of law, emphasizing the necessity of judicial mind and affidavit under Section 156(3) Cr.P.C.

criminal petition_allowed Significant Section 156(3) Cr.P.C. quashing of FIR malafide complaint affidavit requirement

Maruti Navnath Sonawane v. The State of Maharashtra

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

The Bombay High Court allowed the appellant's criminal appeal and discharged him from charges under the MCOC Act due to lack of prima facie evidence and failure to meet statutory conditions for invoking the Act.

criminal appeal_allowed Significant Maharashtra Control of Organized Crime Act discharge under Section 227 CrPC organized crime syndicate continuing unlawful activity

Joseph Anthony v. Rukmini Krishna Turbhekar

03 May 2022 · Sandeep V. Marne

The Bombay High Court set aside eviction decrees for arrears of rent, holding that timely filing of an application for deposit within 90 days and deposit on the next working day after a holiday satisfies statutory requirements under the Maharashtra Rent Control Act.

civil appeal_allowed Significant Maharashtra Rent Control Act Section 15(3) arrears of rent deposit of rent

Sicily Varghese Kadamthottu v. Ramanlal Jayshankar Trivedi

02 May 2022 · Sandeep K. Shinde

The Bombay High Court allowed the appeal, holding that a plaint cannot be rejected under Order 7 Rule 11(d) after framing issues and that unregistered agreements under MOFA are admissible evidence for enforcement of contractual rights.

civil appeal_allowed Significant Order 7 Rule 11(d) CPC Maharashtra Ownership of Flats Act 1963 Section 4 MOFA Section 4A MOFA