High Court of Bombay

5,131 judgments

Year:

The State of Maharashtra v. Gulab Dattu Patil & Ors.

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

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 based on circumstantial evidence.

criminal appeal_dismissed Significant appeal against acquittal circumstantial evidence contract killing last seen theory

Sagar Bhagwan Dhembre v. State of Maharashtra

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

The High Court altered the appellant's conviction from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, sentencing him to ten years imprisonment for causing death in a sudden fight without premeditation.

criminal appeal_allowed Significant culpable homicide murder Section 302 IPC Section 304 IPC

Nandu Dada Survase v. The State of Maharashtra

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

The Bombay High Court modified a murder conviction to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, recognizing grave and sudden provocation as mitigating circumstances.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC grave and sudden provocation

Nanda Rajendra Bhosale v. The State of Maharashtra

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

The Bombay High Court held that the original filing date of a Section 18 application under the Land Acquisition Act governs limitation, not the date of reconstruction after loss of records, and quashed the rejection of the petitioners' application filed within time.

administrative petition_allowed Significant Land Acquisition Act, 1894 Section 18 application Limitation period Reconstruction of records

Sayed Arshad Zaidi v. The Municipal Commissioner, The Municipal Corporation of Greater Bombay & Ors.

03 Feb 2022 · Sandeep K. Shinde J.

The Bombay High Court dismissed the contempt petition against the Municipal Corporation for alleged disobedience of court orders, holding that the eviction order was final and the Corporation’s counsel’s statement was binding only temporarily, with development permissions challenge requiring separate legal proceedings.

civil petition_dismissed Contempt of Courts Act, 1971 Eviction under Section 105B BMC Act Development permissions Intimation of Disapproval (IOD)

Kamla Chandrasingh Kabali v. Principal Commissioner of Income Tax-27

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

The Bombay High Court held that advance tax payments must be credited against tax liability under the Income Declaration Scheme, 2016, and directed issuance of the Form 4 certificate accordingly.

tax petition_allowed Significant Income Declaration Scheme, 2016 Advance Tax Tax Deducted at Source Form 4 Certificate

Surgonda Kalgonda Patil v. Ramkrishna Apa Topkar

02 Feb 2022 · A.S. Gadkari

The High Court upheld dismissal of an eviction suit where tenants had deposited rent pending fixation, had not acquired alternate accommodation, and the landlord's claim of bonafide need was unsubstantiated.

civil petition_dismissed Significant eviction rent arrears suit for possession reasonable and bonafide need

Wheels India Ltd. v. Ganesh Bajirao Vishwasrao

02 Feb 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the fairness of the domestic enquiry and set aside the Industrial Tribunal's award of reinstatement with backwages, holding the dismissal penalty for threatening co-workers was not disproportionate.

labor appeal_allowed Significant domestic enquiry principles of natural justice disproportionate punishment industrial dispute

M/s. Globus Petroadditions Pvt. Ltd. v. The Union of India

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

The Bombay High Court held that the Assistant Commissioner must comply with the Commissioner (Appeals-II)'s orders and cannot refuse compliance on grounds of pending appeal or review, quashing the Assistant Commissioner's rejection of GST refund claims.

administrative petition_allowed Significant GST refund Assistant Commissioner Commissioner Appeals Order compliance

GlaxoSmithKline Pharmaceuticals Ltd. v. Assistant Commissioner of Income Tax

01 Feb 2022 · M.S. Sonak; Jitendra Jain

The Bombay High Court quashed the reopening notice under Section 148 of the Income-tax Act for AY 2013-14, holding that no failure to disclose material facts justified reopening beyond four years.

tax petition_allowed Significant Income-tax Act 1961 Section 148 notice Reopening of assessment Failure to disclose material facts

Mpower Facility Services Pvt. Ltd. v. The Union of India

31 Jan 2022 · R.D. Dhanuka; S.M. Modak

The Bombay High Court held that bona fide admission of tax dues before the SVLDRS cut-off date suffices for scheme eligibility, setting aside the rejection of the petitioner’s declaration and directing grant of relief.

tax appeal_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme tax dues admission quantified tax dues service tax liability

Sayyad Naimali Kachruddin v. Border Roads Organisation

31 Jan 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court upheld the Border Roads Organisation's decision to declare a candidate permanently medically unfit due to Presternal Keloid Chest, emphasizing the finality of military medical standards and service conditions in recruitment.

administrative petition_dismissed Significant Permanent Medical Unfitness Presternal Keloid Chest Border Roads Organisation Medical Review Board

UCC Infrastructure Pvt. Ltd. v. Union of India

31 Jan 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that investigations initiated after 30th June 2019 do not bar eligibility under the Sabka Vishwas Scheme's voluntary disclosure category and quashed rejection orders for failure to grant hearing.

administrative petition_allowed Significant Sabka Vishwas Scheme 2019 voluntary disclosure investigation cut-off date natural justice

Shivaji Fakira Bhambare v. Dashrath Baburao Naik

31 Jan 2022 · Sandeep K. Shinde

The Bombay High Court dismissed the appeal seeking restoration of a civil appeal dismissed for willful breach of court undertaking, holding that intentional breaches cannot be condoned merely by subsequent remedy.

civil appeal_dismissed Significant breach of undertaking Order 39 Rule 11 CPC restoration of appeal willful breach

Anand Apartment Co-op Hsg. Society Ltd. v. Aikya Realty Pvt. Ltd. and Ors.

28 Jan 2022 · Sandeep K. Shinde, J.
Cites 1 · Cited by 0

The Bombay High Court upheld the validity of development permission granted with lawful relaxation of open space requirements under the MRTP Act and held that such permissions cannot be challenged in civil suits under Section 149 of the Act.

property appeal_dismissed Significant development permission Maharashtra Regional and Town Planning Act Development Control and Promotion Regulations Municipal Commissioner discretionary powers

Kailas Laxman Chavan v. The State of Maharashtra

27 Jan 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court partly allowed the appeal by altering the conviction from murder under Section 302 IPC to culpable homicide under Section 304 Part II IPC based on reliable dying declarations and evidence of sudden act without premeditation.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 304 Part II IPC Section 498-A IPC

Ganesh Bhagya Mandavkar v. The State of Maharashtra

27 Jan 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder charges due to unreliable child witness testimony, flawed investigation, and insufficient evidence to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant child witness testimony corroboration strangulation Section 302 IPC

The State of Maharashtra v. Dhananjay Bhivdas Pore & Ors.

27 Jan 2022 · S.S. Shinde; Milind N. Jadhav

The High Court upheld the acquittal of the accused on the ground of legal insanity under Section 84 IPC, finding he was suffering from paranoid schizophrenia at the time of the offence.

criminal appeal_dismissed Significant Section 84 IPC insanity defence paranoid schizophrenia legal insanity

Nandakumar @ Chhotu Vasudev Samant v. State of Maharashtra

27 Jan 2022 · S. S. Shinde; Surendra P. Tavade

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding that the killing occurred in a sudden fight without premeditation.

criminal appeal_allowed Significant dying declaration culpable homicide not amounting to murder Exception 4 to Section 300 IPC circumstantial evidence

Late Bharat Jayantilal Patel v. Deputy Commissioner of Income Tax Central Circle, Pr. Commissioner of Income Tax (Central)-2, Mumbai, The Union of India

27 Jan 2022 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that a development agreement granting only a license to enter land does not constitute a transfer under Section 2(47)(v) of the Income Tax Act, invalidating the reopening of assessment for alleged escapement of capital gains.

tax appeal_allowed Significant Section 2(47)(v) Income Tax Act Section 53A Transfer of Property Act development agreement license vs possession