High Court of Bombay

5,131 judgments

Year:

The State of Maharashtra v. XYZ

10 Jan 2022 · S. S. Shinde; S. P. Tavade
Cites 1 · Cited by 0

The High Court upheld the acquittal of the accused in a child sexual assault case due to contradictions and delays in prosecution evidence, emphasizing that the prosecution must prove guilt beyond reasonable doubt.

criminal appeal_dismissed Significant Section 376 IPC sexual assault minor victim medical evidence

Reliance General Insurance Co. Ltd. v. Mr. Keshar Gopal Singh Thakur

10 Jan 2022 · N.J. Jamadar

The Bombay High Court dismissed the insurer's appeal, holding that loss of the right eye constituted permanent total disablement for a driver under the Employees Compensation Act, 1923, entitling the employee to full compensation.

labor appeal_dismissed Significant Employees Compensation Act, 1923 Section 30 appeal permanent total disablement loss of right eye

Sunil Jay Prakash Singh v. Union of India

10 Jan 2022 · R. D. Dhanuka; S. M. Modak
Cites 0 · Cited by 2

The Bombay High Court held that rejection of an SVS Scheme application without granting a personal hearing violates natural justice and directed reconsideration after hearing.

administrative petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 natural justice personal hearing tax liability quantification

Parag Prakash Mutha v. Kashinath Barku Bhalsingh & Ors.

10 Jan 2022 · Sandeep V. Marne

The High Court set aside the trial court’s order impleading the petitioner’s parents as parties, holding they are not necessary parties under Order 1 Rule 10 CPC as their claims introduce distinct issues unrelated to the suit’s original controversy.

civil appeal_allowed Significant Order 1 Rule 10 CPC impleadment of parties necessary parties dominant litis

Bhimrao Baharang Chavare v. State of Maharashtra & Ors.

08 Jan 2022 · G. S. Kulkarni

The Bombay High Court set aside an order of the Competent Authority under the Money Lending Act for lack of jurisdiction, holding that the authority cannot order return of vehicles absent proof of illegal money lending and cannot usurp criminal court jurisdiction over seized property.

civil appeal_allowed Significant Maharashtra Money-Lending (Regulation) Act, 2014 Section 17(1) money lending jurisdiction

Yakinali Nasirali Shaikh v. The State of Maharashtra

07 Jan 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC, rejecting the defense of transferred malice and affirming the sufficiency of eyewitness and forensic evidence.

criminal appeal_dismissed Significant Section 302 IPC murder transferred malice doctrine of transferred malice

Haresh Narendra Gharat v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder due to failure of prosecution to prove his presence at the crime scene and incomplete circumstantial evidence, emphasizing the mandatory legal principles governing burden of proof and benefit of doubt.

criminal appeal_allowed Significant circumstantial evidence burden of proof Section 302 IPC Section 313 CrPC

State of Maharashtra v. Singarasingh Sarvansingh

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

The High Court dismissed the State's appeal and upheld the acquittal of accused due to inconsistencies between oral and medical evidence and lack of independent corroboration.

criminal appeal_dismissed assault grievous hurt medical evidence oral evidence

Vikram Trimbak Pawar v. Technocrat Construction

05 Jan 2022 · Sandeep V. Marne

The High Court held that a defendant can challenge conditional leave to defend in a substantive appeal and that deposit made before appellate court for stay can satisfy trial court's condition, remanding the suit for trial upon further deposit.

civil appeal_allowed Significant conditional leave to defend summary suit deposit as condition remand for trial

Alphonso D’Souza v. Apex Grievances Redressal Committee

05 Jan 2022 · M. S. Sonak; Kamal Khata · 2024:BHC-OS:12683-DB

The Bombay High Court held that the AGRC lacked original jurisdiction to entertain the 3rd respondent's application and set aside its order, directing the parties to resolve contractual disputes in civil courts.

administrative appeal_allowed Significant Apex Grievance Redressal Committee original jurisdiction appellate authority Maharashtra Slum Areas Act

Gunvant Rohidas Bansode v. State of Maharashtra

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

The High Court acquitted the appellant of murder charges due to failure of prosecution to establish a complete and conclusive chain of circumstantial evidence excluding all reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence Section 302 IPC murder benefit of doubt

Janardan Trimbak Wagh v. The State of Maharashtra

04 Jan 2022 · Prasanna B. Varale; N.R. Borkar

The Bombay High Court modified a murder conviction to culpable homicide not amounting to murder based on the reliability of the dying declaration and absence of premeditation.

criminal appeal_partly_allowed Significant dying declaration Section 302 IPC Section 304(I) IPC Exception 4 to Section 300 IPC

Kanaka Kedar Sapre v. Kedar Narhar Sapre & Ors.

04 Jan 2022 · Sandeep K. Shinde

The Bombay High Court held that applications under the Domestic Violence Act cannot be filed on behalf of a deceased aggrieved person, as the rights under the Act are personal and extinguish upon death.

criminal petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 Section 12 aggrieved person maintainability

Hareshwar Harischandra Mistry v. Pravin B. Nayak

04 Jan 2022 · N. J. Jamadar

The High Court enhanced compensation for permanent disability in a motor accident claim by applying the multiplier method and ordered interest from an earlier date, emphasizing just and detailed assessment under recognized heads of damages.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Section 166 compensation permanent disability

The New India Assurance Company Ltd. v. Rama Vishram Gavas

04 Jan 2022 · N. J. Jamadar
Cites 2 · Cited by 1

Dependents of a deceased borrower-driver are not entitled to compensation under Section 163-A of the Motor Vehicles Act, 1988, as the borrower is deemed to be in the shoes of the owner and not a third party.

civil appeal_partly_allowed Significant Section 163-A Motor Vehicles Act borrower-driver third party insurance liability

Vodafone Idea Ltd. v. The Assistant Commissioner of Income Tax Circle (5)(2)(2) Mumbai & Ors.

03 Jan 2022 · K.R. Shriram; R. N. Laddha
Cites 1 · Cited by 0

The Bombay High Court held that reassessment under Section 148 cannot be based on a mere change of opinion and requires tangible material showing failure of full and true disclosure of primary facts by the assessee.

tax appeal_allowed Significant Section 147 Income Tax Act Section 148 Income Tax Act reassessment change of opinion

Angre Port Private Ltd v. TAG 15 (IMO. 9705550) & Anr.

03 Jan 2022 · B. P. Colabawalla
Cites 1 · Cited by 0

The Bombay High Court held that an Admiralty suit against a Vessel is maintainable post-liquidation of its owner under the IBC, allowing summary judgment for undisputed port and berth charges including penal berth hire.

civil appeal_allowed Significant Admiralty jurisdiction action in rem Insolvency and Bankruptcy Code 2016 Section 33(5) IBC

The Commissioner Kolhapur Mahanagarpalika v. Sou. Shashikala Vijay Bhore

03 Jan 2022 · Sandeep V. Marne

The High Court upheld the Industrial Court's order directing payment of pension to a permanent employee whose termination was set aside, affirming jurisdiction under the MRTU & PULP Act for non-payment of pension as an unfair labour practice.

labor appeal_dismissed Significant unfair labour practice pension pensionary benefits Labour Court

Baliram Sambhaji Gaikar v. The Competent Authority

31 Dec 2021 · M.S. Sonak; Jitendra Jain

The High Court upheld the Competent Authority's order referring compensation apportionment disputes under the National Highways Act to the civil court, dismissing the petition despite non-joinder of deceased's legal representatives.

administrative petition_dismissed Significant National Highways Act, 1956 Section 3H(4) Compensation apportionment Competent Authority jurisdiction

Dipika Tanavde & Ors. v. Mumbai Building Repair and Reconstruction Board & Ors.

31 Dec 2021 · G. S. Kulkarni; Aarti Sathe

The Bombay High Court upheld eviction of non-cessed building tenants under Section 95A MHAD Act in a consolidated redevelopment, rejecting their claim for parity in tenement size with cessed building tenants.

property petition_dismissed Significant Maharashtra Housing and Area Development Act, 1976 Section 95A No Objection Certificate cessed building