High Court of Bombay

5,131 judgments

Year:

Technocraft Industries (India) Limited v. The Union of India

13 Apr 2022 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court held that amendments to shipping bills under section 149 of the Customs Act must be recognized for MEIS benefits and directed Customs and DGFT to coordinate for online transmission of such amendments to prevent denial of lawful export incentives.

administrative petition_allowed Significant Merchandise Exports from India Scheme MEIS benefits section 149 Customs Act amendment Foreign Trade Policy 2015-2020

Chitra Supekar v. The Income Tax Officer & Ors.

13 Apr 2022 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court held that reassessment notices and orders issued without valid service at the correct address and without requisite PCCIT sanction beyond three years are void, quashing the impugned proceedings and directing fresh issuance with opportunity of hearing.

tax petition_allowed Significant Income Tax Act 1961 Section 148A(b) Section 148A(d) Section 148

Nitin Navindas Hundiwala v. Union of India

12 Apr 2022 · Bharati Dangre
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal and held that accidental falling from an overcrowded train constitutes an untoward incident entitling a bonafide passenger to compensation under the Railways Act, even if no ticket is found on him.

civil appeal_allowed Significant Railways Act 1989 untoward incident compensation bonafide passenger

JSW Steel Limited v. Bellary Oxygen Company Private Limited & Ors.

12 Apr 2022 · G.S. Kulkarni

The Bombay High Court held that the arbitration clause in the Shareholders Agreement applies to disputes under the interconnected Second Agreement, allowing appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

commercial_arbitration appeal_allowed Significant arbitration agreement composite agreement inextricably connected agreements Section 11 Arbitration and Conciliation Act

Ashwin Bharat Khater v. Urvashi Bharat Khater

12 Apr 2022 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court upheld the Maintenance Tribunal's annulment of Gift Deeds under Section 23(1) of the Senior Citizens Act, 2007, finding that the petitioners failed to provide basic amenities and physical needs to their mother, justifying restoration of property ownership to her.

family appeal_dismissed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) Gift Deed annulment Basic amenities and physical needs

Ganesh Nivrutti Ghadge v. State of Maharashtra & Ors.

11 Apr 2022 · S.V. Gangapurwala; Vinay Joshi

The Bombay High Court held that compensation awards under the National Highways Act, 1956 can only be challenged through statutory arbitration and not writ jurisdiction, dismissing the petition seeking enhancement of compensation.

property petition_dismissed Significant land acquisition compensation National Highways Act, 1956 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013

Bhola Harishchandra Gupta v. The State of Maharashtra

11 Apr 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the accused for murder under Section 302 IPC based on a complete chain of circumstantial evidence excluding suicide.

criminal appeal_dismissed Significant circumstantial evidence homicide suicide Section 302 IPC

Dinesh Vazirani v. The Principal Commissioner of Income Tax-7 & Ors.

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

The Bombay High Court held that capital gains must be computed after deducting liabilities paid from escrow, allowing revision of assessment under Section 264 and directing refund of excess tax paid.

tax appeal_allowed Significant capital gains escrow account contingent liability Section 48 Income Tax Act

Haridas Vishnu Sawant & Ors. v. Nalini Satish Jadhav & Ors.

08 Apr 2022 · Bharati Dangre

The Bombay High Court upheld the decree for specific performance based on a valid unregistered agreement, plaintiff's readiness and willingness, and defendant's breach by selling to a third party.

civil appeal_dismissed Significant specific performance agreement to sell unregistered document readiness and willingness

Reliance General Insurance Company Limited v. Master Siddhant Mahendra Kadam

08 Apr 2022 · Bharati Dangre

The Bombay High Court upheld the insurer's liability despite the driver's limited license and enhanced compensation for a minor victim's permanent disability from a motor accident.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Driving license validity Light motor vehicle Insurance liability

Iffco Tokio General Insurance Company Limited v. Sameera Hajimiyan Patel

07 Apr 2022 · Bharati Dangre

The Bombay High Court upheld compensation awards to accident victims, affirming insurer liability despite alleged policy breaches and emphasizing just compensation for homemakers and permanent disabilities.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 Insurance liability Notional income

Santosh Dnyanoba Gawade v. Prakash Nensukh Navlakha

07 Apr 2022 · SANDEEP K. SHINDE

The court held that where payment of full consideration is a condition precedent in the sale deed, mere registration does not transfer title, and the remedy for unpaid balance is recovery of money, not cancellation of sale deed.

civil appeal_dismissed Significant sale deed transfer of title consideration condition precedent

Nitin Shamrao Samudre v. The State of Maharashtra

07 Apr 2022 · S. S. Shinde; Sarang V. Kotwal
Cites 1 · Cited by 0

The Bombay High Court upheld the life imprisonment convictions of accused Nos.1 and 2 for kidnapping and ransom under section 364-A IPC, while acquitting accused Nos.3 and 4 of concealing stolen property due to lack of exclusive possession.

criminal appeal_dismissed Significant kidnapping ransom section 364-A IPC identification parade

Voltas Limited v. Assistant Commissioner of Income Tax Circle -8(3) (1), Mumbai & Ors.

05 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 A.Y. 2015-16 as invalid due to lack of valid sanction, barred limitation, and being based on mere change of opinion without new material or failure to disclose.

tax petition_allowed Significant reopening of assessment section 148 Income Tax Act section 151 sanction change of opinion

wp38342021 37dc7c91

05 Apr 2022 · A. A. Sayed; Abhay Ahuja

The Bombay High Court adjourned multiple civil matters and ordered continuation of any operative ad-interim relief until the next hearing date.

civil other Procedural ad-interim relief interim orders adjournment Original Side jurisdiction

Babu Vansha Gangad v. The State of Maharashtra

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

The High Court overturned a murder conviction due to unreliable prosecution evidence and improper reliance on the accused's Section 313 Cr.P.C. statement without corroboration or proper mental fitness assessment.

criminal appeal_allowed Significant Section 302 IPC Section 313 CrPC confession mental fitness

Ganesh Suresh Jadhav & Ors. v. The State of Maharashtra

05 Apr 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted appellants convicted of murder due to unreliable eyewitness testimony, contradictory medical evidence, procedural lapses, and failure of prosecution to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant homicidal death solitary witness test identification parade medical evidence

Akanksha Babasaheb Shinde v. State of Maharashtra

04 Apr 2022 · Sunil B. Shukre; G. A. Sanap

The Bombay High Court allowed the petitioner’s writ challenging invalidation of her Scheduled Tribe certificate and directed issuance of a provisional validity certificate pending reconsideration of related caste validity proceedings.

administrative petition_allowed Significant Scheduled Tribe certificate caste validity certificate pre-constitution period documents cultural affinity test

Kanaiyabhai Lalbhai v. Kalpesh Patel

01 Apr 2022 · G. S. Patel; Madhav J. Jamdar

The Bombay High Court dismissed the appeal against the refusal of interim injunction in a partition suit, holding that the appellant failed to establish a prima facie case due to the existence of a valid Release Deed and that appellate interference with the Single Judge's discretion was unwarranted.

civil appeal_dismissed Significant interim injunction prima facie case oral family arrangement Release Deed

Atul Gorakhnath Ambale v. The State of Maharashtra

01 Apr 2022 · Revati Mohite Dere

The Bombay High Court rejected bail on medical grounds for an accused in a POCSO case and issued directions to ensure expeditious and child-friendly recording of evidence of child victims in sexual offence trials.

criminal petition_dismissed Significant POCSO Act Section 35(1) child victim evidence expeditious trial