High Court of Bombay

5,131 judgments

Year:

Shell India Markets Private Limited v. Additional/Joint/Deputy/Assistant Commissioner of Income Tax

14 Feb 2022 · K. R. Shriram; N. J. Jamadar

The Bombay High Court held that the assessment order passed beyond the statutory one-month time-limit under Section 144C(13) of the Income Tax Act, 1961, without valid extension under the Relaxation Act or notifications, is illegal and quashed the order dated 30th September 2021.

tax petition_allowed Significant Income Tax Act, 1961 Section 144C(13) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 time-limit extension

Satyanarayan Bankatlal Malu & Ors. v. Insolvency and Bankruptcy Board of India & Ors.

14 Feb 2022 · Sandeep K. Shinde

The Bombay High Court held that offences under the Insolvency and Bankruptcy Code, 2016 are triable only by Special Courts consisting of Magistrates under the Companies Act, 2013, and not by Sessions or Additional Sessions Judges, quashing proceedings initiated before the latter for lack of jurisdiction.

criminal petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Special Courts Companies Act, 2013 Section 435 Companies Act

Ranjit Prakash Gaikwad v. State of Maharashtra

14 Feb 2022 · S.J. Kathawalla; Milind N. Jadhav

The Bombay High Court upheld the invalidation of the petitioner's caste certificate and consequent disqualification from Grampanchayat membership due to failure to produce genuine documentary evidence and proper compliance with procedural rules.

administrative appeal_dismissed Significant caste certificate Other Backward Class Maharashtra Caste Certificate Rules 2012 natural justice

Mansoorali Khan Ahmed Khan & Ors. v. State of Maharashtra

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

The Bombay High Court acquitted appellants of murder charges, holding that the extra judicial confession lacked reliability and independent corroboration, and the circumstantial evidence was insufficient to uphold conviction.

criminal appeal_allowed Significant extra judicial confession circumstantial evidence section 27 Indian Evidence Act murder conviction

C.P. Ravindranath Menon v. Union of India

14 Feb 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that a GST refund application filed manually is maintainable despite a circular mandating electronic filing, quashing the order rejecting the refund on procedural grounds.

tax appeal_allowed Significant GST refund manual filing electronic filing Rule 97A CGST Rules

Swapnil Baban Shinde v. State of Maharashtra

14 Feb 2022 · S.J. Kathawalla; Milind N. Jadhav

The Bombay High Court upheld the cancellation of the petitioner's caste certificate and consequent disqualification from a reserved Grampanchayat seat due to failure to prove the genuineness of caste claim documents and proper enquiry under the Maharashtra Caste Certificate Rules.

administrative appeal_dismissed Significant caste certificate OBC reservation Maharashtra Caste Certificate Rules 2012 Vigilance Cell enquiry

M/s. Century Enka Ltd v. Shri Ratansingh Prakashsingh Bange

14 Feb 2022 · Ravindra V. Ghuge

The Bombay High Court modified a Labour Court award granting reinstatement with full back wages by reducing back wages proportionately, holding that reinstatement relief under Section 11A must be commensurate with proven misconduct and past disciplinary record.

labor appeal_allowed Significant industrial dispute unauthorized absence disciplinary enquiry Section 11A Industrial Disputes Act

Hany Babu v. National Investigation Agency & State of Maharashtra

14 Feb 2022 · Nitin Jamdar; N.R. Borkar
Cites 2 · Cited by 0

The Bombay High Court dismissed the bail appeal of an accused member of the banned CPI (Maoist), holding that the material on record prima facie establishes his involvement in terrorist conspiracy under the UAP Act, thus bail is not warranted under Section 43-D(5).

criminal appeal_dismissed Significant bail Unlawful Activities (Prevention) Act Section 43-D(5) CPI (Maoist)

Phoenix Arc Pvt. Ltd. v. The Registrar, Debts Recovery Appellate Tribunal

11 Feb 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court quashed the stay on auction of secured assets granted on an incorrect pre-deposit amount, affirming that recovery authorities must verify actual dues before granting relief in debt recovery proceedings.

civil appeal_allowed Significant Debt Recovery Tribunal Debt Recovery Appellate Tribunal Recovery Certificate Pre-deposit

Munish Rajkumar Mahajan v. The Union of India

11 Feb 2022 · R.D. Dhanuka; N.R. Borkar

The Bombay High Court held that a final assessment order determining service tax dues entitles the declarant to file under the 'Arrears' category of the SVLDR Scheme, and reclassification under 'Litigation' is impermissible.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Service Tax Assessment Order Arrears category

Deepak Annaraya Metakari; Ramchandra Mhalappa Petaragi; Kamalabai Siddhappa Kothe v. The State of Maharashtra

10 Feb 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court acquitted appellants convicted of murder due to failure of the prosecution to establish guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence murder Section 302 IPC illicit relationship

The State of Maharashtra v. Omprakash @ Munna Aliyar Singh & Ors.

10 Feb 2022 · S. S. Shinde; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court dismissed the State's appeal against acquittal in a murder case, holding that the prosecution failed to prove guilt beyond reasonable doubt and the trial court's findings were not liable to be disturbed.

criminal appeal_dismissed Significant Acquittal Appeal against acquittal Eyewitness testimony Reasonable doubt

Acquino Avith Martis v. The State of Maharashtra

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

The Bombay High Court upheld the appellant's conviction for murder and attempted suicide, finding the prosecution's evidence credible and motive established beyond reasonable doubt.

criminal appeal_dismissed Section 302 IPC Section 309 IPC murder attempted suicide

State of Maharashtra v. Ramraksha Chhatradhari Singh

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

The High Court dismissed the State's appeal and upheld the acquittal of accused for murder due to failure of prosecution to prove guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_dismissed Significant circumstantial evidence benefit of doubt appeal against acquittal Section 302 IPC

The State of Maharashtra v. Mahadev Ramu Takkekar & Ors.

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

The Bombay High Court dismissed the State's appeal upholding the trial Court's acquittal under Section 326 IPC and affirmed convictions under lesser offences based on the nature of injuries caused by an agricultural tool.

criminal appeal_dismissed Section 326 IPC grievous hurt agricultural tool as weapon Section 325 IPC

Sheetal Anil Berlekar & Babasaheb Gangaram Daingade v. The State of Maharashtra

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

The Bombay High Court acquitted appellants of murder charges due to inconsistencies in eyewitness testimony and failure of prosecution to prove the case beyond reasonable doubt.

criminal appeal_allowed Significant eyewitness testimony benefit of doubt quality of evidence topography

Essar Shipping Limited v. Union of India & Ors.

08 Feb 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that a DGFT circular clarifying the Foreign Trade Policy cannot retrospectively withdraw benefits already granted under the Served from India Scheme, invalidating demand notices issued to recover such benefits.

administrative appeal_allowed Significant Foreign Trade Policy Served from India Scheme Policy Circular DGFT

Bombay Gymkhana Limited v. Regional Director, ESI Corporation

08 Feb 2022 · N. J. Jamadar

The Bombay High Court held that the ESI Corporation is entitled to levy interest at varying statutory rates on unpaid contributions as a continuing liability, dismissing the appellant's challenge to interest charged above 6% for pre-amendment periods.

administrative appeal_dismissed Significant Employees’ State Insurance Act, 1948 interest on delayed contribution continuing default Section 39(5)

The State of Maharashtra v. Mohammad Aabed Mohammad Ajmir Shaikh

08 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan
Cites 0 · Cited by 1

The Bombay High Court upheld the death sentence of a man convicted for the brutal murder and sexual assault of a child, relying primarily on a voluntary extra-judicial confession and corroborative circumstantial evidence.

criminal appeal_dismissed Significant extra-judicial confession sexual assault child murder death sentence

Ashwini Builders and Developers Pvt. Ltd. v. Assistant Commissioner, Central Excise

08 Feb 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that orders passed on rectification applications under Section 74 of the Finance Act, 1994 qualify as 'Orders' under the Sabka Vishwas Scheme, entitling the petitioner to file under the 'Litigation Category' and quashed the demand notice placing the declaration under 'Arrears Category'.

tax petition_allowed Significant Sabka Vishwas Scheme Section 74 Finance Act 1994 Order of rectification Litigation Category