High Court of Bombay

5,131 judgments

Year:

Gangubai Kashinath Kamble v. The State of Maharashtra

22 Dec 2021 · Prasanna B. Varale; N.R. Borkar

The High Court modified the conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304(I) IPC, holding that the appellant acted under sudden and grave provocation.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 304(I) IPC murder

Mahir Builders and Developers v. Sultan Sirajuddin Mohammad Yasin and ors

22 Dec 2021 · Bharati Dangre

The Bombay High Court held that a dispute over immovable property not used exclusively for trade or commerce does not qualify as a commercial dispute under the Commercial Courts Act, 2016, and thus the Commercial Court lacks jurisdiction.

civil petition_dismissed Significant Commercial Courts Act, 2015 commercial dispute immovable property exclusive use

Sarika Nitin Salunkhe v. State of Maharashtra

21 Dec 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court held that a Magistrate has jurisdiction to grant interim custody of a vehicle seized under the Wildlife Protection Act pending trial, and seizure alone does not vest ownership in the State under Section 39(1)(d) of the Act.

criminal appeal_allowed Significant Wildlife Protection Act, 1972 Section 451 CrPC interim custody seizure of vehicle

Kum. Shruti Nivarutti Hainalkar and Master Shravan Nivarutti Hainalkar v. State of Maharashtra and Ors.

21 Dec 2021 · R. D. Dhanuka; R. N. Laddha

The High Court held that a Vigilance Officer who submitted a report on a caste claim cannot be a member of the Caste Scrutiny Committee deciding the same claim, quashing the impugned order and directing fresh consideration.

administrative appeal_allowed Significant Vigilance Officer Caste Scrutiny Committee Scheduled Tribe Certificate Natural Justice

The National Investigation Agency v. Naresh Ramniklal Gaur @ Gor

21 Dec 2021 · Nitin Jamdar; Sarang V. Kotwal

The Bombay High Court dismissed the NIA's appeal against bail granted to an accused who procured SIM cards without knowledge of their illegal use, holding that mere procurement without intent does not establish conspiracy under Section 120-B IPC.

criminal appeal_dismissed Significant bail conspiracy Section 120-B IPC procurement of SIM cards

Commissioner of Customs (Export) v. Reliance Industries Limited

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

The Bombay High Court held that only the officer who initially assessed and cleared imported goods or his successor within the same office can issue recovery notices under Section 28 of the Customs Act, invalidating notices issued by the Additional Director General of DRI.

administrative appeal_dismissed Significant Section 28 Customs Act proper officer recovery of customs duty Directorate of Revenue Intelligence

State of Maharashtra v. Nilkanth Sidram Gaikwad

17 Dec 2021 · S. S. Shinde; Prithviraj K. Chavan

The Bombay High Court dismissed the State's appeal and upheld the acquittal of the accused due to inconsistent dying declarations and insufficient evidence to prove intentional homicide.

criminal appeal_dismissed Significant dying declaration burn injuries kerosene fire inconsistent statements

State of Maharashtra v. Pandurang Malhari Kagale

17 Dec 2021 · S.S. Shinde; Sandipkumar C. More

The Bombay High Court upheld the acquittal of accused in a dowry death case, holding that the prosecution failed to prove cruelty and unlawful demand proximate to the death, and the presumption under section 113-B of the Evidence Act did not arise.

criminal appeal_dismissed Significant dowry death section 304B IPC section 498A IPC section 113-B Evidence Act

Raju Danchand Bardia v. Siddharth Raju Bardia and ors

17 Dec 2021 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court allowed the amendment of plaint to challenge Wills in a partition suit, holding that amendments under Order VI Rule 17 CPC should be liberally permitted unless mala fide or fundamentally altering the suit's nature.

civil appeal_allowed Significant Order VI Rule 17 CPC Amendment of pleadings Limitation Will and testament

Abhimanyu Jayesh Jhaveri v. Nirmala Dharmadas Jhaveri

17 Dec 2021 · G. S. Kulkarni

The Bombay High Court upheld the eviction of son and grandson from the senior citizen’s flat under the Senior Citizens Act, rejecting unproven Will claims and emphasizing protection of senior citizens’ rights against harassment.

family appeal_dismissed Significant Senior Citizens Act 2007 maintenance of senior citizens harassment of parents property rights of senior citizens

Sanjay Sadashiv Girigosavi & Ors. v. The State of Maharashtra & Ors.

16 Dec 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan

The High Court acquitted appellants convicted of murder and related offences due to contradictions in prosecution evidence and unexplained injuries on accused, holding the incident was a free fight negating common intention.

criminal appeal_allowed Significant unlawful assembly free fight injuries on accused common intention

Jalal Siddiqui Mulla v. The State of Maharashtra

16 Dec 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of a husband for the murder of his wife based on a complete chain of circumstantial evidence, rejecting his alibi and defense of robbery.

criminal appeal_dismissed Significant circumstantial evidence murder Section 302 IPC alibi

Sakharam Raoji Dharap v. State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder charges due to inadmissibility of unsigned confessional statement and involuntary recovery made while handcuffed, emphasizing mandatory procedural safeguards under section 164 CrPC.

criminal appeal_allowed Significant Section 164 CrPC confessional statement voluntariness handcuffing

Shivaji Kedarji Ghorpade & Ors. v. The State of Maharashtra

16 Dec 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted appellants of murder charges due to failure of the prosecution to prove guilt beyond reasonable doubt amid unreliable evidence and procedural lapses.

criminal appeal_allowed Significant murder reasonable doubt eyewitness testimony Section 27 Indian Evidence Act

Ganesh Gulab Garad v. The State of Maharashtra

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

The Bombay High Court upheld the conviction of accused Ganesh for murder under Sections 302 and 307 IPC based on direct eyewitness and medical evidence, while dismissing the State's appeal against acquittal of co-accused due to lack of evidence.

criminal appeal_dismissed Section 302 IPC Section 307 IPC murder injured eyewitness

Bharat Petroleum Corporation Ltd. v. Jaysingh Bhagwandas Kapadia & Ors.

15 Dec 2021 · A.S. Gadkari
Cites 0 · Cited by 1

The Bombay High Court dismissed the revision application, holding that the lease expired in 2007 with no statutory right for further renewal, and upheld the order directing Bharat Petroleum to vacate the premises.

civil appeal_dismissed lease renewal Burmah Shell (Acquisition of Undertaking in India) Act, 1976 termination of lease vacant possession

Dattatraya Appaso Patil v. State of Maharashtra

15 Dec 2021 · R. D. Dhanuka; R. N. Laddha

The Bombay High Court directed the Deputy Director of Education to allot Shalarth ID and release salary arrears to a teacher whose up-gradation to a full-time post was approved by the Education Officer, holding that such allotment is a ministerial act that cannot be arbitrarily delayed.

administrative petition_allowed Significant Shalarth ID Education Officer approval Deputy Director of Education part-time to full-time upgradation

Prakash Devji More v. Komal Kamlakar Jamsandekar & Ors.

15 Dec 2021 · Bharati Dangre

The Bombay High Court held that an Election Petition challenging a municipal election on grounds of concealment or false affidavit disclosures discloses a cause of action and cannot be summarily dismissed.

constitutional petition_dismissed Significant Election Petition Municipal Corporation Act Section 33 Order VII Rule 11 CPC

Mohini Mohan Bhandwale v. State of Maharashtra

15 Dec 2021 · R. D. Dhanuka; R. N. Laddha

The Bombay High Court held that once the Education Officer approves a teacher's up-gradation to a full-time post, the Deputy Director of Education must allot the Shalarth ID without delay, directing inclusion in the system and release of salary arrears.

administrative petition_allowed Significant Shikshan Sevak Assistant Teacher up-gradation Shalarth ID

Eknath Mahadev Bhagwat v. Dy. Chief Labour Commissioner (Central)

15 Dec 2021 · Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court held that statutory interest on delayed gratuity under Section 7(3-A) of the Payment of Gratuity Act is mandatory and cannot be waived or denied due to employer's financial condition or prior undertakings.

labor petition_allowed Significant Payment of Gratuity Act, 1972 Section 7(3-A) statutory interest delayed gratuity payment