High Court of Bombay

5,131 judgments

Year:

Yogesh Kamlakar Mangle & Anr. v. The State of Maharashtra & Ors.

31 Dec 2021 · G. S. Kulkarni; Aarti Sathe
Cites 1 · Cited by 3

The Bombay High Court held that the date for determining market value for land acquisition compensation under the 2013 Act is the Section 11 notification date and quashed the State Government circular excluding sale instances within one year prior to notification as contrary to law.

property petition_allowed Significant land acquisition market value determination Section 26(1) RFCTLARR Act 2013 Section 11 notification

Mritunjay Ghosh v. The State of Maharashtra

30 Dec 2021 · S.J. Kathawalla; Milind N. Jadhav

The Bombay High Court upheld the executive's power to grant remission and set-off under Section 428 CrPC to a life convict and dismissed the petition challenging the convict's release under prison guidelines.

criminal petition_dismissed Significant Section 428 CrPC life imprisonment set-off remission

Neelkanth Infratech v. The City and Industrial Development Corporation of Maharashtra Ltd.

24 Dec 2021 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 1

The Bombay High Court held that CIDCO acted arbitrarily and discriminatorily in refusing to allot Plot No.27 to the highest bidder, directing allotment at a fair rate and affirming judicial scrutiny over tender decisions of State instrumentalities.

administrative appeal_allowed Significant tender process discrimination arbitrariness judicial review

Reliance Industries Limited v. Chief Commissioner of Income Tax & Union of India

23 Dec 2021 · K.R. Shriram; Amit B Borkar

The Bombay High Court held that prosecution instituted under the Prevention of Corruption Act excludes a person from benefits under the Direct Tax Vivad Se Vishwas Act, dismissing Reliance Industries' petition challenging its ineligibility.

tax petition_dismissed Significant Direct Tax Vivad Se Vishwas Act, 2020 Section 9(c) Prevention of Corruption Act, 1988 prosecution instituted

Commissioner of CGST & Central Excise v. Hindustan Petroleum Corporation Ltd

23 Dec 2021 · R. D. Dhanuka; Nitin W. Sambre; Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court held that appeals under Section 35G of the Central Excise Act are maintainable before the High Court when the sole issue is limitation and there is no dispute on rate of duty or valuation, clarifying the scope of appellate jurisdiction between High Court and Supreme Court.

tax appeal_allowed Significant Section 35G Central Excise Act limitation valuation rate of duty

Ketan Sanjay Kokate v. The State of Maharashtra; Nagesh Baburao Naidu

23 Dec 2021 · Anuja Prabhudessai
Cites 2 · Cited by 0

The Bombay High Court acquitted the appellant of POCSO and IPC sexual assault charges due to failure of prosecution to prove the victim's minority beyond reasonable doubt and violation of Section 313 Cr.P.C. safeguards.

criminal appeal_allowed Significant POCSO Act victim's age determination Section 313 Cr.P.C. consent

State of Maharashtra v. Suresh Hundraj Rupija & Ors.

23 Dec 2021 · S.S. Shinde; Surendra P. Tavade

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused in an attempted murder case due to insufficient and inconsistent prosecution evidence.

criminal appeal_dismissed Section 307 IPC Attempt to murder Burden of proof Injured witness

State of Maharashtra v. Trimbak Bhagwan Salunkhe

23 Dec 2021 · S. S. Shinde; S. P. Tavade

The Bombay High Court dismissed the State's appeal against acquittal in a murder case, holding that contradictions in eyewitness testimony and a plausible trial court view precluded interference.

criminal appeal_dismissed Section 302 IPC Section 34 IPC Appeal against acquittal Eyewitness contradictions

The State of Maharashtra v. Dashrath Krishna Waghwankar

23 Dec 2021 · S.S. Shinde; Surendra P. Tavade

The Bombay High Court dismissed the State's appeal and upheld the acquittal of the accused in a murder case due to unreliable prosecution evidence and procedural lapses.

criminal appeal_dismissed Significant Section 302 IPC Eyewitness testimony Delay in FIR Section 27 Indian Evidence Act

Jaiprakash Harihprasad Mishra v. The State of Maharashtra

23 Dec 2021 · S. S. Shinde; S. P. Tavade

The Bombay High Court altered the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, sentencing him to ten years imprisonment based on extra-judicial confession and circumstantial evidence.

criminal appeal_allowed Significant extra-judicial confession circumstantial evidence Section 302 IPC Section 304 Part II IPC

The State of Maharashtra v. XYZ

23 Dec 2021 · S. S. Shinde; S. P. Tavade

The Bombay High Court upheld the acquittal of the accused in a sexual assault case due to inconsistencies in prosecution evidence, delay in FIR, and absence of DNA proof, emphasizing the benefit of doubt in criminal trials.

criminal appeal_dismissed Significant sexual assault minor delay in FIR medical evidence

Kuwarbai Lakha Sarvaiya v. Union of India

23 Dec 2021 · Prithviraj K. Chavan

The High Court dismissed the appeal challenging denial of compensation under the Railways Act, holding that the deceased was not a bona fide passenger and the claimants failed to prove identity and dependency.

civil appeal_dismissed Significant Railways Act 1989 section 124-A untoward incident bona fide passenger

Sitaram Laxman Dhoom v. The State of Maharashtra

23 Dec 2021 · S. S. Shinde; N. J. Jamadar
Cites 0 · Cited by 2

The High Court acquitted the appellant due to failure of the prosecution to conclusively establish a complete chain of circumstantial evidence, including the 'last seen' circumstance and discovery, necessary for conviction under Sections 302 and 201 IPC.

criminal appeal_allowed Significant circumstantial evidence last seen theory Section 302 IPC Section 201 IPC

The State of Maharashtra v. Dipak Kisan Bhongale & Ors.

23 Dec 2021 · S. S. Shinde; Surendra P. Tavade

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused in a dowry death case where evidence established the deceased committed suicide without sufficient proof of accused's instigation or cruelty.

criminal appeal_dismissed dowry death Section 498-A IPC Section 304-B IPC suicide

Javed Rehman Shaikh v. The State of Maharashtra

23 Dec 2021 · S.S. Shinde; Surendra P. Tavade

The Bombay High Court upheld the conviction of the appellant for abduction, sexual assault, and murder of a minor girl based on a complete chain of circumstantial evidence including DNA profiling and last seen theory.

criminal appeal_dismissed Significant circumstantial evidence DNA profiling last seen theory identification of dead body

The State of Maharashtra v. Rajendra Sadashiv Wadkar

23 Dec 2021 · S.S. Shinde; Surendra P. Tavade

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused due to unreliable prosecution evidence and the complainant's questionable credibility.

criminal appeal_dismissed benefit of doubt credibility of witness injury assault

Late Umesh Rajaram Samant v. The State of Maharashtra

23 Dec 2021 · S. S. Shinde; Surendra P. Tavade

The High Court acquitted the appellant of murder charges due to lack of credible eyewitness evidence and insufficient corroboration, emphasizing the necessity of reliable proof beyond reasonable doubt for conviction under Section 302 IPC.

criminal appeal_allowed Significant Section 302 IPC murder hostile witness corroboration

Prakash Bhimashankar Bagle v. State of Maharashtra

23 Dec 2021 · S. S. Shinde; N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal and set aside the murder conviction due to failure of the prosecution to establish guilt beyond reasonable doubt on circumstantial evidence and infirm discovery statements.

criminal appeal_allowed Significant circumstantial evidence discovery statement section 27 Evidence Act murder

Dr. Rajendra Dagdulal Kankariya v. The State of Maharashtra & Ors.

23 Dec 2021 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld that wrongful denial of consideration for extension of retirement age warrants compensation and notional pay fixation for pension, but not full salary for the period of denial when reinstatement is impossible.

service_law appeal_dismissed Significant extension of age of retirement Government Resolution 5 March 2011 performance review committee notional pay fixation

Ramdas Dhondu Kalatkar v. The State of Maharashtra

22 Dec 2021 · SMT. ANUJA PRABHUDESSAI, J.

The Bombay High Court upheld convictions for cruelty and abetment of suicide under Sections 498-A and 306 IPC, affirming that continuous cruelty including extra-marital relationship can drive a woman to suicide, and procedural omissions did not vitiate the trial.

criminal appeal_dismissed Significant Section 498-A IPC Section 306 IPC abetment of suicide cruelty