High Court of Bombay

5,131 judgments

Year:

The State of Maharashtra v. Ashok Baban Mukane

23 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The High Court upheld the rape conviction but acquitted the accused of murder due to insufficient evidence, setting aside the death penalty and emphasizing the necessity of a complete circumstantial chain and reliable forensic proof.

criminal appeal_allowed Significant circumstantial evidence rape murder DNA evidence

Bertha Carvalho & Ors. v. Baldwin Joseph Francis D' Souza & Ors.

23 Feb 2022 · M. M. Sathaye

The High Court allowed eviction on bona fide requirement grounds, holding landlords are best judges of their residential needs and tenants cannot question internal family property arrangements.

civil appeal_allowed Significant bona fide requirement eviction Bombay Rents Act 1947 landlord-tenant dispute

Santosh Ramesh Waghela & Ors. v. Santosh Sakahram Bhore & Ors.

22 Feb 2022 · Sandeep V. Marne

The Bombay High Court upheld the appellate order setting aside the disqualification of a Sarpanch, holding that construction of a house under a government rural housing scheme on government land does not amount to encroachment warranting disqualification without concrete proof.

administrative petition_dismissed Significant disqualification Village Panchayats Act encroachment government land

Manmohan Kapani v. Kapani Resorts Pvt. Ltd.

22 Feb 2022 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court granted interim relief under Section 9 of the Arbitration Act protecting an investor's rights and restraining alienation of properties linked to misappropriated investment funds pending arbitration.

civil appeal_allowed Significant Section 9 Arbitration Act interim relief share allotment Section 42(6) Companies Act

Phulrenu Harilal Chauhan v. State of Maharashtra

21 Feb 2022 · Sunil B. Shukre; Amit Borkar

The Bombay High Court held that historical residence within Bombay Presidency on the cut-off date validates Scheduled Caste certificate claims despite subsequent state reorganisation, directing issuance of caste certificates to the petitioner's children.

administrative appeal_allowed Significant Scheduled Caste certificate Mochi caste residence proof cut-off date

Bargalsidhha Dharmanna Padwale & Ors. v. The State of Maharashtra

21 Feb 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court acquitted appellants in a dowry death case due to failure of prosecution to prove presence and overt acts beyond reasonable doubt, emphasizing strict application of principles governing circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence Section 302 IPC Section 498-A IPC dowry harassment

The State of Maharashtra v. Rajaram Sakharam Pawar & Ors.

21 Feb 2022 · S. S. Shinde; N. R. Borkar
Cites 1 · Cited by 0

The High Court upheld the acquittal of accused brothers in a murder case due to contradictions in eyewitness testimony and possibility of accidental death, emphasizing the appellate court's limited scope to disturb plausible trial court findings.

criminal appeal_dismissed Significant appeal against acquittal benefit of doubt eyewitness contradictions homicidal vs accidental death

Jalinder @ Vicky @ Vivek Ramchandra Jadhav v. The State of Maharashtra

21 Feb 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court upheld the conviction and life sentence of the appellant for murder under Section 302 IPC, rejecting the plea of provocation and reduction to culpable homicide.

criminal appeal_dismissed Significant Section 302 IPC Murder Premeditation Provocation

Tarun Keshrichand Shah & Priyalata Keshrichand Shah v. M/s Kishore Engineering Co. & Nak Engineering Company Pvt. Ltd.

21 Feb 2022 · S. M. Modak

The Bombay High Court held that a successor company not having privity of contract is neither a necessary nor proper party to a suit for recovery of service charges and cannot seek to set aside an ex-parte order against the original defendant.

civil appeal_allowed Significant impleadment Order 1 Rule 10 CPC ex-parte order successor company

Amol Baban Sangar v. The State of Maharashtra

21 Feb 2022 · Sunil B. Shukre; Amit Borkar

The Bombay High Court held that the Deputy Director of Education cannot review the Education Officer's approval for school employee appointments when including names in the Shalarth salary payment system absent statutory authority.

administrative petition_allowed Significant Shalarth system approval of appointment Education Officer Deputy Director of Education

Surbhi Hatmag Vinkar Audyogik Sahkari Sanstha maryadit v. The State of Maharashtra

18 Feb 2022 · G. S. Patel; Madhav J Jamdar

The Bombay High Court dismissed a petition challenging an e-tender limited to MSME and Khadi manufacturers, holding it did not violate the Handlooms Reservation Act or government procurement policy.

administrative petition_dismissed Significant Handlooms Reservation Act government procurement policy e-tender MSME reservation

Ramesh Kashinath Pawar v. Nashik Municipal Corporation

18 Feb 2022 · Prasanna B. Varale; S. M. Modak

The Bombay High Court held that a departmental inquiry against a retired municipal officer must be initiated within four years from discovery of misconduct and proper procedure must be followed before imposing pension penalties, remanding the matter for fresh decision.

administrative appeal_allowed Significant departmental inquiry pension deduction Maharashtra Civil Services (Pension) Rules, 1982 limitation period

Aircon Beibars FZE v. Heligo Charters Private Limited

17 Feb 2022 · A. K. MENON
Cites 1 · Cited by 0

The Bombay High Court enforced a foreign arbitral award despite respondent's objections on public policy and procedural grounds, affirming the narrow scope of refusal under Indian law.

commercial_arbitration petition_allowed Significant foreign arbitral award enforcement Arbitration and Conciliation Act, 1996 public policy of India

Pavan Morarka v. Assistant Commissioner of Income Tax – 2(3), Mumbai

17 Feb 2022 · K.R. Shriram; N.J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court held that reassessment notices issued beyond the limitation period without valid findings, directions, jurisdiction, or sanction under the Income Tax Act, 1961 are invalid and quashed the notices issued to the petitioners.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Section 149 limitation Section 150 finding or direction

SMT. Manisha Sanjay Nikam & Ors. v. The New India Assurance Co. Ltd.

17 Feb 2022 · V. G. Bisht

The insurance company must pay compensation for an accident caused by an unlicensed driver but can recover the amount from the vehicle owner under the 'pay and recover' principle.

civil appeal_allowed Significant motor accident claim insurance liability invalid driving license pay and recover

Dr. Harish Shetty v. The State of Maharashtra & Ors.

17 Feb 2022 · Nitin Jamdar; M. M. Sathaye

The Bombay High Court directed Maharashtra to urgently establish and operationalize the State Mental Health Authority with full statutory compliance to protect the rights of persons with mental illness under the Mental Healthcare Act, 2017.

constitutional petition_allowed Significant Mental Healthcare Act 2017 State Mental Health Authority mental health establishments registration and supervision

Smt. Shamal Mahadeo Tate v. The District Collector

16 Feb 2022 · S.J. Kathawalla; Milind N. Jadhav
Cites 2 · Cited by 0

The Bombay High Court held that a putative second wife whose marriage is void under the Hindu Marriage Act is not entitled to family pension under the Maharashtra Civil Services Pension Rules, even after the death of the first wife.

administrative petition_dismissed Significant family pension putative second wife Hindu Marriage Act void marriage

Maharukh Mediomah Patel v. Ruksana Barodawala

16 Feb 2022 · Sandeep V. Marne

The High Court upheld unlawful dispossession but set aside dismissal of suit for insufficient description, holding that sufficient identification of property suffices for relief under Section 6 of the Specific Relief Act.

civil appeal_allowed Significant Section 6 Specific Relief Act unlawful dispossession possession description of suit property

Pravin Khimji Chauhan v. The State of Maharashtra

15 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court reduced the appellant's conviction from murder to culpable homicide not amounting to murder, sentencing him to 10 years imprisonment considering grave and sudden provocation and his conduct post-offence.

criminal appeal_allowed Significant murder culpable homicide not amounting to murder grave and sudden provocation self-defense

Ravi Subhash Naik v. The State of Maharashtra

15 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The High Court reclassified the appellant's conviction from murder under section 302 IPC to culpable homicide not amounting to murder under section 304 Part II IPC, reducing the sentence accordingly due to lack of intention to cause death.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC culpable homicide dying declaration