High Court of Bombay

5,131 judgments

Year:

Shri Shailesh Deepak Ambare & Ors. v. The State of Maharashtra

02 Dec 2021 · R.D. Dhanuka; Abhay Ahuja

The Bombay High Court held that an open category teacher vacancy can be filled from the open category despite reservation backlog and that the recruitment ban does not apply to Science, Mathematics, and English posts, directing approval of the petitioner’s appointment.

administrative appeal_allowed Significant reservation backlog open category vacancy ban on recruitment Government Resolution 2nd May 2012

Prakash Arjun Rajeshirke v. The State of Maharashtra

02 Dec 2021 · R. D. Dhanuka; Abhay Ahuja

The Bombay High Court held that an employee's entire service period, including unaided service before grant-in-aid sanction, must be counted for pension eligibility if the institution receives grant-in-aid at retirement.

administrative petition_allowed Significant grant-in-aid unaided service pension eligibility retirement benefits

Janta Shikshan Sanstha v. State of Maharashtra

02 Dec 2021 · R.D. Dhanuka; Abhay Ahuja

The High Court held that the Education Officer lacked jurisdiction to set aside routine transfer orders under MEPS Rules and quashed the impugned communication cancelling signing authority, upholding the validity of the petitioner trust's transfer of a headmaster.

administrative appeal_allowed Significant transfer order Education Officer jurisdiction Maharashtra Employees of Private Schools Rules punitive transfer

Kanta Anant Dhayarkar v. State of Maharashtra

01 Dec 2021 · R. D. Dhanuka; Abhay Ahuja

The Bombay High Court held that a marriage solemnized before the Hindu Marriage Act, 1955 is valid for family pension claims, and a succession certificate recognizing the petitioner’s rights binds pension authorities to grant family pension with interest for delay.

administrative petition_allowed Significant family pension Hindu Marriage Act, 1955 succession certificate Maharashtra Civil Services (Pension) Rules, 1982

Indubai Rangrao Pawar v. The State of Maharashtra

01 Dec 2021 · Anuja Prabhudessai
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellant of cruelty and abetment of suicide charges, holding the dying declaration unreliable due to the deceased's critical condition and lack of proper medical certification.

criminal appeal_allowed Significant dying declaration section 498A IPC section 306 IPC abetment of suicide

Sudha Bharadwaj v. National Investigation Agency

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

The Bombay High Court held that ordinary Sessions Courts have jurisdiction to extend detention and take cognizance in UAPA cases before NIA investigation, and filing of charge-sheet within statutory period negates default bail entitlement despite designation issues of presiding judges.

criminal appeal_dismissed Significant default bail section 167(2) CrPC section 43-D(2) UAPA Special Courts

Munnar Lavtan Yadav v. Ashok D. Dalvi

01 Dec 2021 · A. S. Gadkari

The Bombay High Court held that service of eviction notice by pasting it on the property in presence of witnesses satisfies Section 106 of the Transfer of Property Act, validating eviction under Section 12(2) of the Rent Act and set aside the appellate court's contrary order.

civil appeal_allowed Significant Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Section 12(2) Transfer of Property Act, 1882 Section 106

Varsha Krushnadev Chougule v. The State of Maharashtra

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

The Bombay High Court upheld the retrospective disqualification of a Gram Panchayat member for failure to submit caste validity certificate within the statutory period, rejecting delay condonation due to pregnancy and COVID-19 hardships.

administrative petition_dismissed Significant caste validity certificate Section 10-1A Maharashtra Village Panchayats Act disqualification retrospective termination

Advance Oleochem Pvt. Ltd. v. Manoj Agarwal

30 Nov 2021 · SANDEEP K. SHINDE

The High Court quashed a complaint under Section 138 of the Negotiable Instruments Act as the cheque was issued pursuant to a void agreement opposed to public policy and thus did not represent a legally enforceable debt.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 23 Indian Contract Act void agreement public policy

Lupin Limited v. Deputy Commissioner of Income Tax-3(4), Mumbai

30 Nov 2021 · M.S. Sonak; Jitendra Jain · [2024] 161 taxmann.com 18 (Bombay)
Cites 1 · Cited by 0

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for AY 2016-17, holding that reopening without fresh tangible material and merely on change of opinion is impermissible.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Corporate Social Responsibility (CSR)

Avinash Ramesh Bagwe v. Bhupendra Rambhau Shendge

29 Nov 2021 · Bharati Dangre

The Bombay High Court upheld the disqualification of a Councillor under Section 10(1D) of the Maharashtra Municipal Corporation Act for unauthorized construction by his spouse, affirming that subsequent regularization does not negate disqualification and that acceptance of nomination despite pending proceedings vitiates the election.

administrative appeal_dismissed Significant Section 10(1D) Maharashtra Municipal Corporation Act disqualification of Councillor unauthorized construction compounding fees

Rahul Prakash Nilgar v. State of Maharashtra

29 Nov 2021 · R.D. Dhanuka; Abhay Ahuja

The Bombay High Court held that transfer of non-teaching staff from unaided junior college to aided secondary school posts under the same Management is permissible under MEPS Rules and quashed the Education Officer's rejection of such transfer.

administrative petition_allowed Significant transfer non-teaching staff Maharashtra Employees of Private Schools Rules junior college

Jamshyd N. Godrej and Ors. v. State of Maharashtra

29 Nov 2021 · Sandeep K. Shinde

The High Court held that directors cannot be prosecuted for offences committed by the company without statutory basis and that wooden furniture is not a licensable article under the MMC Act, quashing the complaints against the petitioners.

criminal appeal_allowed Significant vicarious liability directors' liability Mumbai Municipal Corporation Act Section 394(1)(b)

Narcotics Control Bureau v. Anuj Keshwani

29 Nov 2021 · Revati Mohite Dere

The Bombay High Court held that blotter paper impregnated with LSD forms an integral part of the drug mixture under the NDPS Act, and its weight must be included in determining the quantity of LSD seized.

criminal appeal_allowed Significant Narcotic Drugs and Psychotropic Substances Act, 1985 LSD on blotter paper drug quantity determination preparation under NDPS Act

M/s. Sancheti Properties v. Eve’s Garden B1 Co-operative Housing Society Ltd

29 Nov 2021 · Bharati Dangre

The Bombay High Court allowed the writ petition permitting the promoter to continue construction of an additional building on amalgamated land under MOFA Section 7A, holding that informed consent was obtained and no prejudice was shown by flat purchasers.

civil appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Section 7 MOFA Section 7A MOFA informed consent

Coca-Cola India Private Limited v. The Deputy Commissioner of Income-Tax

26 Nov 2021 · K. R. Shriram; Amit B. Borkar

The Bombay High Court held that reopening an income tax assessment beyond four years is invalid without clear reasons showing failure to disclose material facts, quashing the reopening notice and consequential orders against Coca-Cola India Pvt. Ltd.

tax petition_allowed Significant Income Tax Act 1961 Section 148 Section 147 proviso Reopening assessment

Mukesh P. Meena v. CBI ACB Mumbai

26 Nov 2021 · Sandeep K. Shinde

The High Court held that an accused cannot invoke Section 91 Cr.P.C. to seek production of documents or witness statements at the stage of framing charges, and internal supervisory reports are privileged and not producible.

criminal appeal_dismissed Significant Section 91 CrPC framing of charge production of documents statements under Section 161 CrPC

Dattatray Genaba Lole & Ors. v. The Divisional Joint Registrar & Ors.

26 Nov 2021 · S.J. Kathawalla; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court held that challenges to intermediate stages of cooperative society elections are not maintainable under Article 226 when an alternative efficacious remedy under Section 91 of the Maharashtra Cooperative Societies Act and Rule 78 exists.

administrative petition_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 91 Rule 78 Election dispute

The Great Eastern Shipping Company Limited v. K.C. Naredi & Ors.

25 Nov 2021 · K.R. Shriram; Amit B. Borkar

The Bombay High Court quashed a reopening notice issued beyond the four-year period under Section 148 of the Income Tax Act, 1961, holding that no failure to disclose material facts was shown and the deduction under Section 33AC for AY 1994-95 was correctly allowed.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Section 33AC deduction

The State of Maharashtra v. Rahimuddin Mohfuz Shaikh

25 Nov 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted the accused and set aside the death sentence due to doubts in prosecution evidence, procedural lapses, and unreliable eyewitness testimony in a brutal gang rape and murder case.

criminal appeal_allowed Significant rape murder death sentence identification parade