High Court of Bombay
5,131 judgments
Paranjape Schemes (Construction) Ltd. v. The State of Maharashtra
The Bombay High Court held that excavation of earth for construction pursuant to valid development permission, where the excavated material is used on the same plot, does not attract royalty under Section 48(7) of the Maharashtra Land Revenue Code, 1966, and quashed the show-cause notice demanding royalty and penalty.
EEPC (India) v. Nirajkumar Dubey & Ors.
The High Court held that dismissal of suit against an unserved defendant under Order IX Rule 5 CPC is not mandatory if the defendant had knowledge of the suit, and courts have inherent power under Section 151 CPC to restore such suits upon sufficient cause.
Floor, Militia Apartment v. Income Tax Officer Ward 20(1)(3)
The Bombay High Court upheld the validity of a reopening notice under Section 148 of the Income Tax Act, holding that tangible material and proper approval existed, and dismissed the writ petition challenging the notice after the petitioner participated in reassessment proceedings.
Kedar Rayjirao Salunke v. State of Maharashtra
The Bombay High Court held that upon transfer of a trial to the Sessions Court due to statutory amendment, the succeeding Judge may re-examine witnesses under Section 326 Cr.P.C. if necessary, ensuring a fair trial without prejudice to the accused.
Bharti Santosh Bhosale v. Municipal Corporation of Greater Mumbai
The Bombay High Court set aside eviction orders against former municipal employees for procedural unfairness and remanded the matter for fresh enquiry adhering to natural justice under Section 105B of the MMC Act.
Naresh Ramniklal Gaur v. Union of India
The Bombay High Court held that a Sessions Judge has no power to stay his own bail order under CrPC, and a writ petition is maintainable against such a stay order which was quashed for lack of jurisdiction and recorded reasons.
Nayan Jayantilal Balu v. Union of India
The Bombay High Court upheld the sanction for prosecution under Section 276C(1) of the Income Tax Act, dismissing the petition challenging it for lack of prima facie infirmity or mala fide.
Sangeeta Sanjay Malavankar v. The State of Maharashtra
The Bombay High Court quashed orders seizing immovable property under Section 105-C and Section 102 of the Cr.P.C. in a local IPC offence, holding these provisions do not authorize such seizure in local cases.
M/s. Glasswood Realty Pvt. Ltd v. Chandravilas Kailashkumar Kothari
The Bombay High Court held that a solitary friendly loan transaction does not constitute a commercial dispute under the Commercial Courts Act, 2015, and thus the suit must be tried in ordinary civil courts.
Kalpesh Jayram Koshti v. Central Bureau of Investigation & The State of Maharashtra
The Bombay High Court upheld the refusal to discharge the accused at the charge framing stage, holding that sufficient prima facie evidence existed based on circumstantial facts and statements of an employee to proceed with the criminal conspiracy case.
Vijay Appaso Dhavale v. State of Maharashtra & Ors.
The Bombay High Court held that a reserved category candidate who qualifies on merit above the open category cutoff and waives reservation benefits must be considered and appointed as an open category candidate.
Kuldeep Suresh Indalkar v. The State of Maharashtra
The Bombay High Court upheld the extension of the investigation period under Section 36A(4) of the NDPS Act in a complex narcotics syndicate case, finding the prosecution demonstrated sufficient progress and cogent reasons for further inquiry.
Yogesh Pandurang Kupekar v. The State of Maharashtra
The Bombay High Court upheld the appellant's conviction for sexual offences but reduced the sentence under Section 376 IPC from ten to seven years, affirming the reliability of victim testimony despite delay and improbabilities.
The State of Maharashtra v. Bhausaheb Barku Datir
The Bombay High Court dismissed the State's appeal against acquittal in a dowry death case due to lack of conclusive medical evidence and unexplained delay in lodging the complaint.
Pragati Pre Fab India Pvt. Ltd. v. Principal Commissioner of Income Tax
The Bombay High Court held that prosecution unrelated to tax arrear does not bar eligibility under the Direct Tax Vivad Se Vishwas Act, quashing a contrary tax department clarification and directing reconsideration of the petitioner's settlement declarations.
Afia Rasheed Khan v. Mazharuddin Ali Khan & Ors.
The Bombay High Court held that a temporary stay in a hotel without intention to reside does not confer jurisdiction under Section 27 of the Domestic Violence Act, dismissing the petition challenging the Magistrate's refusal to entertain the domestic violence application.
Jatinder Kaur Chilotra v. Intelligence Officer, Directorate of Revenue Intelligence
The Bombay High Court held that a freezing order under Section 68-F of the NDPS Act must be confirmed by the Competent Authority within 30 days or else it becomes invalid, and accordingly allowed the petition to defreeze the bank account.
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The Bombay High Court held that the Chief Justice’s administrative power as Master of the Roster to assign judicial matters is discretionary and not subject to judicial review absent a clear breach of rules or jurisdiction.
Small Industries Development Bank of India v. Central Board of Direct Taxes
The Bombay High Court held that the petitioner SIDBI is exempt from additional income tax under Section 115-O of the Income Tax Act on dividends declared or profits transferred, by virtue of the overriding exemption in Section 50 of the SIDBI Act, and ordered refund of tax paid under protest.
Jagruti Foundation v. State of Maharashtra
The High Court quashed the State Government's arbitrary refusal to grant Letters of Intent to petitioners for new colleges due to non-recording of reasons, directing fresh consideration in accordance with law.