High Court of Bombay

5,131 judgments

Year:

Jayesh Tanna v. Radha Arakkal & Ors.

02 May 2022 · Bharati Dangre

The Bombay High Court upheld that a registered agreement for sale cannot be orally modified and the promoter must refund the amount with interest for failure to deliver possession by the agreed date under Section 18 of RERA.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 RERA Section 92 Indian Evidence Act oral modification

Ved Prakash Ahuja v. Roma Prakash Ahuja

30 Apr 2022 · Abhay Ahuja

The High Court allowed the writ petition directing the Trial Court to summon the Income Tax Department to provide the mandatory Section 65-B certificate for electronic Income Tax records, holding that failure to do so was a non-application of mind.

civil appeal_allowed Significant Section 65-B Indian Evidence Act electronic records admissibility Income Tax records evidence Article 227 Constitution of India

The Maharashtra State Co-operative Marketing Federation Ltd. v. Bhagyashree Pravin Kulkarni

30 Apr 2022 · Sandeep V. Marne

The Bombay High Court set aside the Industrial Court's additional interim order directing payment of wages and increments to a daily wage employee, holding that such relief cannot be granted during pendency of the complaint when an earlier status quo order is in force.

labor appeal_allowed Significant interim relief status quo daily wage employee outsourcing

Rajmachi Rural Aid and Development Programme v. The State of Maharashtra

29 Apr 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court directed the Collector to decide whether disputed land vested as private forest under the Maharashtra Private Forest Act, holding that procedural defects in notices do not automatically invalidate vesting and that factual disputes must be resolved by the competent authority.

property appeal_allowed Significant Maharashtra Private Forest (Acquisition) Act, 1975 Indian Forest Act, 1927 Section 35(1) notification Section 35(3) notice

Trimbak Joma Thakur and others v. Principal Secretary Urban Development Department and others

29 Apr 2022 · R.D. Dhanuka; S.M. Modak

The Bombay High Court directed CIDCO to deposit enhanced land acquisition compensation with interest as per a final court decree, rejecting claims of financial inability and pendency of review petitions, holding that selective payment violates constitutional equality and writ jurisdiction is maintainable to enforce such rights.

property petition_allowed Significant land acquisition compensation Maharashtra Regional Town Planning Act CIDCO

Ganesh Anmappa Talwar v. The State of Maharashtra

29 Apr 2022 · S. S. Shinde; Sarang V. Kotwal

The Bombay High Court upheld the conviction of the appellant for murder based on reliable child witness testimony corroborated by neighbors and medical evidence, rejecting claims of delay and tutoring.

criminal appeal_dismissed Significant child witness circumstantial evidence Section 302 IPC homicidal hanging

Iqbal Ahmed Kallan Khan v. The State of Maharashtra

29 Apr 2022 · S. S. Shinde; Sarang V. Kotwal

The Bombay High Court acquitted appellants of murder charges due to irreconcilable inconsistencies in multiple dying declarations, giving precedence to the earliest medical officer's statement indicating suicide.

criminal appeal_allowed Significant dying declaration Section 302 IPC murder benefit of doubt

Nauman Suleman Khan v. State of Maharashtra & Tanvi Amardas Bhalla

29 Apr 2022 · Prasanna B. Varale; S. M. Modak

The Bombay High Court quashed a sexual offence FIR under IPC and POCSO Act upon settlement and mutual marriage undertaking by the now-major victim and accused.

criminal appeal_allowed Significant quashing of FIR Section 376 IPC POCSO Act sexual offence

Sharvari Vishwas Magdum v. The Navodaya Vidyalaya Samiti

29 Apr 2022 · A. S. Chandurkar; G. A. Sanap

The Bombay High Court held that denial of admission to Class-VI based on a hyper-technical reading of Navodaya Vidyalaya Scheme was unjustified as it violated the statutory right to education under the RTE Act, directing admission of the petitioners.

family petition_allowed Significant Right of Children to Free and Compulsory Education Act, 2009 Section 15 RTE Act Navodaya Vidyalaya Scheme Admission eligibility

Sandeep Omprakash Singh & Ajay Keshav Singh v. The State of Maharashtra

28 Apr 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted accused persons of kidnapping and ransom charges under section 364A IPC due to failure of prosecution to prove essential ingredients beyond reasonable doubt amid material contradictions.

criminal appeal_allowed Significant kidnapping section 364A IPC ransom demand contradictory evidence

The Special Land Acquisition Officer v. M/s. Indrayani Holding and Estate Developers Pvt. Ltd.

28 Apr 2022 · Sandeep K. Shinde

The Bombay High Court upheld the Reference Court's enhanced compensation for land acquired from Village Savroli, affirming that market value must consider all relevant factors including potential commercial and industrial use.

property appeal_dismissed Significant Land Acquisition Act 1894 compensation enhancement market value Section 54 Land Acquisition Act

Bhavani Gems Private Limited v. Assistant Commissioner of Income Tax

27 Apr 2022 · K.R. Shriram; N.R. Borkar

The Bombay High Court quashed the reopening notice under section 148 of the Income Tax Act for AY 2014-15, holding that mere change of opinion without failure to disclose material facts does not justify reopening assessment beyond four years.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Share premium

Kiran Nanik Motwane & Anr. v. Uday Indukumar Jasani & Ors.

26 Apr 2022 · R.I. Chagla

The court upheld the Municipal Commissioner's discretionary approval of revised building plans with condoned open space deficiencies and dismissed the plaintiffs' suit challenging construction on adjacent plot for non-compliance and maintainability issues.

property appeal_dismissed Significant Development Control Rules 1991 Development Control and Promotion Regulations 2034 open space deficiency Municipal Commissioner discretion

Union of India v. Mr. Shahid Hussain

26 Apr 2022 · SANDEEP K. SHINDE
Cites 1 · Cited by 0

The Bombay High Court upheld the Railway Claims Tribunal's award of compensation to a passenger injured due to accidental fall from a train, holding that absence of ticket and negligence do not bar compensation without proof of intentional self-inflicted injury.

civil appeal_dismissed Significant Railway Claims Tribunal bonafide passenger accidental fall self-inflicted injury

Mrs. Jagruti Rajesh Shah v. M/s. Mahek Developers & Ors.

26 Apr 2022 · Sandeep K. Shinde

The High Court dismissed the appeal against refusal of temporary injunction, holding that non-parties to the suit agreement cannot be compelled under MOFA and that the agreement was not enforceable as a concluded contract.

civil appeal_dismissed Significant Maharashtra Ownership Flats Act enforcement of statutory obligations agreement to sell privity of contract

Union of India v. Mr. Shahit Hussain

26 Apr 2022 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court upheld the Railway Claims Tribunal's award of compensation to a passenger injured due to accidental fall from a running train, holding that absence of ticket does not negate bonafide passenger status and negligence without intention does not bar compensation.

civil appeal_dismissed Significant Railway Claims Tribunal bonafide passenger accidental injury self-inflicted injury

Gautam Navlakha v. National Investigation Agency

26 Apr 2022 · S. B. Shukre; G. A. Sanap

The Bombay High Court dismissed the petition seeking house arrest for an elderly undertrial accused in a serious UAPA case, holding that the gravity of the offences and prima facie evidence preclude such relief, while directing jail authorities to ensure medical care and the trial court to address detention grievances.

criminal petition_dismissed Significant house arrest undertrial prisoner UAPA Section 43-D(5)

Ramrao Kashinath Rathod v. State of Maharashtra

26 Apr 2022 · N. J. Jamadar

The Bombay High Court upheld the rejection of pre-arrest bail for offences under the SC and ST Act, ruling that absence of accused's caste in the FIR does not bar prosecution and prima facie offences were made out.

criminal appeal_dismissed Significant Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(r) Section 3(1)(s) pre-arrest bail

Mystical Techplast Pvt. Ltd v. The Maharashtra State Road Development Corporation Ltd

25 Apr 2022 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court held that a Letter of Acceptance conditioned on government approval does not constitute a concluded contract until such approval is obtained, and cancellation of the tender process under such circumstances is lawful.

civil appeal_dismissed Significant Letter of Acceptance Letter of Intent Condition precedent Concluded contract

Teerth Developers and Teerth Realties JV (AOP) v. The Additional/Joint/Deputy/ Assistant Commissioner of Income Tax

25 Apr 2022 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed an income tax assessment order passed without issuing the mandatory show cause notice-cum-draft assessment order under Section 144B, holding such non-compliance violates natural justice and renders the order illegal.

tax petition_allowed Significant Section 144B Income Tax Act Faceless Assessment show cause notice natural justice