High Court of Bombay

5,131 judgments

Year:

Surekha Tanaji Naik v. Tajani Balaso Naik

15 Mar 2022 · N.J. Jamadar

The High Court held that a Lok Adalat award is final and binding and cannot be challenged before a civil court, even on grounds of fraud, and the proper remedy is a writ petition under Articles 226/227 of the Constitution.

civil appeal_allowed Significant Lok Adalat Legal Services Authorities Act, 1987 Order XXIII Rule 3 CPC challenge to Lok Adalat award

Century Textiles and Industries Limited v. The Municipal Corporation of Greater Mumbai

14 Mar 2022 · S.J. Kathawalla; B.P. Colabawalla

The Bombay High Court held that upon expiry of a statutory lease under the City of Bombay Improvement Acts, the lessee who complied with scheme conditions is entitled to formal conveyance of land and buildings, and writ jurisdiction is maintainable to enforce this right against the municipal corporation.

civil appeal_allowed Significant Poorer Classes Accommodation Scheme City of Bombay Improvement Act, 1898 City of Bombay Improvement Trust Transfer Act, 1925 lease expiry

M/s Soremartec S. A. v. The State of Maharashtra

14 Mar 2022 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:41233-DB

The Bombay High Court quashed a VAT assessment order for failure to comply with natural justice, statutory limitation, and due process, refusing to remit the matter for fresh assessment due to legal malafides.

tax petition_allowed Significant natural justice MVAT Act assessment order statutory limitation

Jayashree Jaisingh Babar v. Shirish Ramdas Sarode

14 Mar 2022 · Sandeep V. Marne

The Bombay High Court held that a developer cannot maintain a summary suit under Section 6 of the Specific Relief Act against a flat purchaser for recovery of possession on grounds of non-payment, as such disputes require substantive suits, and set aside the Trial Court's decree restoring possession to the developer.

civil appeal_allowed Significant Section 6 Specific Relief Act summary suit restoration of possession developer and flat purchaser dispute

Sandeep @ Jounty Mahadeo Jadhav v. State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court upheld the murder conviction based on reliable oral dying declarations and medical evidence establishing that septicemia causing death was directly due to stab wounds inflicted by the appellants.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder septicemia

Subhan Usman Shaikh v. The State of Maharashtra

11 Mar 2022 · S. S. Shinde; N. R. Borkar
Cites 1 · Cited by 0

The High Court acquitted the appellant of murder under Section 302 IPC due to contradictions between medical and ocular evidence, unexplained delays, and unreliable witness testimonies, holding that the prosecution failed to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant Section 302 IPC murder medical evidence eyewitness testimony

Dattatray Shankar Patil v. The State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court upheld the conviction of the appellant for the murder of his wife and son based on strong circumstantial and medical evidence disproving the defense of suicide and alibi.

criminal appeal_dismissed Significant circumstantial evidence homicidal strangulation suicide vs homicide alibi defense

Iqbal Mahiboob Momin v. The State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court acquitted the appellant of murder charges due to doubts over the reliability of dying declarations and credible defence evidence suggesting the deceased attempted suicide.

criminal appeal_allowed Significant dying declaration Section 302 IPC reasonable doubt burn injuries

Shri Bhagwan Pandurang Khedekar & Ors. v. State of Maharashtra & Ors.

11 Mar 2022 · N.J. Jamadar

The Bombay High Court upheld the discretionary power of the Assistant Charity Commissioner to appoint trustees under a public trust Scheme, dismissing challenges to the validity of trustee nominations and appointment process for lack of jurisdictional error or arbitrariness.

administrative appeal_dismissed Significant Public Trust Assistant Charity Commissioner Trustee Appointment Maharashtra Public Trusts Act, 1950

Miss. Laleh Ardeshir Dubhash & Ors. v. Mr. Swaraj Shrikumar Hate & Ors.

10 Mar 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the amendment of plaint in a 26-year-old rent recovery suit while imposing enhanced costs for delay and multiple amendments, emphasizing that amendments not changing the suit's nature and preventing multiplicity of litigation should be allowed.

civil appeal_dismissed Significant amendment of plaint Order 6 Rule 17 CPC limitation unlawful subletting

Rashtriya Chemicals & Fertilizers Ltd v. Chief Executive Officer, SRA & Ors.

09 Mar 2022 · G. S. Patel; Madhav J Jamdar

The Bombay High Court dismissed RCF's writ petition challenging slum rehabilitation schemes on disputed government land, holding that title disputes are not adjudicable in writ jurisdiction and the land remains vested in the State.

administrative petition_dismissed Maharashtra Slum Areas Act, 1971 Section 3Z-6 exemption slum rehabilitation scheme title dispute

The State of Maharashtra v. Ajay Ratansingh Parmar

09 Mar 2022 · Vinay Joshi
Cites 1 · Cited by 0

The Bombay High Court upheld the acquittal of an Assistant Police Inspector in a bribery case due to invalid sanction by an incompetent authority and material inconsistencies in prosecution evidence.

criminal appeal_dismissed Significant Prevention of Corruption Act sanction to prosecute demand and acceptance of bribe validity of sanction

Asif Nasir Khan v. The State of Maharashtra

09 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court acquitted the appellant of murder charges due to insufficient and unreliable circumstantial evidence, emphasizing that 'last seen together' alone cannot sustain conviction.

criminal appeal_allowed Significant circumstantial evidence last seen together motive recovery

Welfare Association (Registered) v. Municipal Corporation of Greater Mumbai

09 Mar 2022 · SANDEEP K. SHINDE

The Bombay High Court held that municipal licensees have no proprietary rights to prevent eviction for public interest infrastructure projects and upheld the corporation's right to relocate stallholders with alternate sites or compensation.

administrative appeal_dismissed Significant Municipal Corporation stallholders license public interest

Dr. Sonal Pratapsingh Vahanwala v. Deputy District Collector (Encroachment)

08 Mar 2022 · Sunil B. Shukre; G.A. Sanap

The Bombay High Court held that an adopted child is entitled to take the caste of the adoptive mother and directed issuance of caste certificate despite absence of biological father's caste proof.

civil petition_allowed Significant adoption caste certificate Hindu Adoptions and Maintenance Act, 1956 adopted child

Shri Vikas Shantaram Shinde v. The State of Maharashtra

08 Mar 2022 · Vinay Joshi

The Bombay High Court upheld the conviction of an accused for aggravated penetrative sexual assault of a minor intellectually disabled girl, relying on victim testimony corroborated by medical and DNA evidence, and found no procedural infirmity in the trial.

criminal appeal_dismissed Significant POCSO Act sexual assault minor victim intellectual disability

Thomas Cook (India) Limited v. Red Apple Chandrarat Travel

08 Mar 2022 · G. S. Kulkarni

The Bombay High Court upheld an international commercial arbitral award holding that claims based on a running account acknowledged by emails were within limitation and refused to interfere under Section 34 of the Arbitration and Conciliation Act, 1996.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 International commercial arbitration Running account

Multi Commodity Exchange of India Ltd. v. M/s. Madhya Bharat (International) Pvt. Ltd.

08 Mar 2022 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that the limitation period for a money recovery suit begins from the date of default in payment and not from the date of declaration as defaulter under exchange rules, dismissing the appeal as barred by limitation.

civil appeal_dismissed Significant Limitation Act, 1963 Article 113 cause of action right to sue

Royal Sundaram Alliance Insurance Company Ltd. v. Vinaya Undaybabu Shah & Ors.

07 Mar 2022 · V. G. Bisht

The High Court upheld the Motor Accident Claims Tribunal's compensation award, ruling that the insurer failed to prove breach of policy and that partnership profits must be included in the deceased's income for compensation.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Insurance policy breach Comprehensive insurance policy Gratuitous occupant

Kamal Hiraman Hole & Ors. v. Atrium Holmes LLP & Ors.

05 Mar 2022 · Sandeep V. Marne

The Bombay High Court held that plaintiffs not party to a sale deed seeking declaration that it is not binding on their share are not liable to pay court fees under Section 6(iv)(ha) but under Section 6(iv)(j), setting aside the trial court's order directing payment of court fees based on property value.

civil petition_partly_allowed Significant Maharashtra Court Fees Act, 1959 Section 6(iv)(ha) Section 6(iv)(j) Order 7 Rule 11 CPC