High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Ram Raju @ Jatalya Umap v. The Commissioner of Police Pune and Others

17 Jun 2022 · Revati Mohite Dere; V. G. Bisht

The Bombay High Court quashed the preventive detention of a petitioner under the M.P.D.A. Act, holding that mere breach of law and order without affecting public order does not justify detention.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order law and order

Shamrao Rambhau Konde v. State of Maharashtra

16 Jun 2022 · Abhay Ahuja

The Bombay High Court dismissed the writ petition challenging tenancy rights and mutation entries after 55 years, holding that inordinate delay without proof of fraud bars reopening settled tenancy proceedings under the Maharashtra Tenancy and Agricultural Lands Act.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Tiller's day Tenancy rights Mutation entry

Kishore D. Raorane v. The High Court of Judicature at Bombay

15 Jun 2022 · R. D. Dhanuka; S. M. Modak
Cites 0 · Cited by 1

The Bombay High Court held that securing higher marks in departmental examinations alone does not confer seniority or priority in promotion, affirming the application of the merit-cum-seniority principle and dismissing the petitioner’s challenge to promotions and seniority lists.

administrative petition_dismissed Significant merit-cum-seniority departmental examination promotion seniority list

HAL Offshore Ltd. v. The State of Maharashtra

15 Jun 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court dismissed the writ petition challenging VAT assessment on works contract executed offshore, holding that the petitioner must first exhaust the statutory appeal remedy under the MVAT Act before invoking writ jurisdiction.

tax petition_dismissed MVAT Act 2002 Article 226 Constitution of India Article 286 Constitution of India works contract

Sachin Parshuram Mane v. Commissioner of Police Pune City & Ors.

15 Jun 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a detention order under the M.P.D.A. Act due to unexplained delay and non-compliance with statutory requirements, emphasizing the need for promptness and reliable evidence in preventive detention cases.

criminal petition_allowed Significant preventive detention delay in detention order M.P.D.A. Act Section 3(3) M.P.D.A. Act

Monika Narendra Sharma v. Mukeshkumar Ramnath Bhagal

15 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court dismissed the appeal against the Family Court's order rejecting annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 on grounds of force and fraud as barred by limitation and lacking credible evidence.

family appeal_dismissed Significant Hindu Marriage Act, 1955 Section 12(1)(c) annulment of marriage force and fraud

Shivkumar Madeshwaran Devendra v. The State of Maharashtra

15 Jun 2022 · S. S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a preventive detention order due to unexplained delay, reliance on stale cases, and questionable witness statements, emphasizing the need for relevant and credible grounds for detention under the M.P.D.A. Act.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order delay in detention order

Ramchandra Thangappan Aachari v. The State of Maharashtra

15 Jun 2022 · A. S. Gadkari

The Bombay High Court upheld the conviction under the POCSO Act, holding that reliable medical and victim evidence established the victim's minority, rendering the appellant's marriage claim irrelevant.

criminal appeal_dismissed Significant POCSO Act age determination minor sexual offence

Hanumant Mahadev Bhosale & Ors. v. All India Council for Technical Education & Ors.

14 Jun 2022 · Nitin Jamdar; Bharati Dangre; Sandeep V. Marne

The Bombay High Court held that AICTE-prescribed pay scales for technical school employees require incorporation into Schedule 'C' of the MEPS Rules via statutory amendment before enforcement, resolving conflicting precedents on the applicability of MEPS Act and AICTE regulations.

labor other Significant MEPS Act AICTE Act pay scales technical schools

AshoPalav Coop. Housing Society Ltd. v. Pankaj Bhagubhai Desai & Anr.

10 Jun 2022 · G.S. Kulkarni

The Bombay High Court held that Section 79 of RERA does not bar arbitral tribunals from granting interim injunctions under Section 17 of the Arbitration and Conciliation Act, setting aside the arbitral tribunal's order and remanding for fresh consideration.

civil appeal_allowed Significant Section 79 RERA Arbitral tribunal jurisdiction Interim injunction Section 17 Arbitration Act

Anand Singh v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court held that victims do not have a statutory right to appeal against inadequate sentence under Section 372 Cr.P.C., dismissing the victim's appeal for sentence enhancement while affirming that only the State can prefer such appeals.

criminal appeal_dismissed Significant Section 372 CrPC victim's right of appeal inadequate sentence enhancement of sentence

Gautam Kamlakar Pardeshi & Ors. v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted appellants of murder charges due to unreliable extra-judicial confession, insufficient corroboration, and failure to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant extra-judicial confession last seen theory Section 302 IPC murder

Vijay Jagannath Khairnar & Suresh Jagannath Khairnar v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The High Court acquitted appellants of murder charges due to unreliable sole eyewitness testimony and failure of prosecution to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant single witness testimony benefit of doubt section 302 IPC murder conviction

Roshan Anant Sawant v. The State of Maharashtra

10 Jun 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and related charges due to insufficient evidence and improper examination under Section 313 Cr.P.C., emphasizing that recovery of incriminating articles alone cannot sustain conviction.

criminal appeal_allowed Significant Section 302 IPC Section 313 CrPC recovery of stolen property blood-stained clothes

Harsherekha Ajay Garg and Another v. State of Maharashtra and Another

10 Jun 2022 · N.J. Jamadar

The Bombay High Court dismissed a writ petition challenging process issued under section 31 of the DV Act, holding that the petitioners must avail the statutory appeal remedy under section 29 and that writ jurisdiction is not exercisable in presence of an efficacious alternative remedy.

criminal petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 Section 31 DV Act Section 29 DV Act appeal Section 482 CrPC inherent powers

Aditya Anand Varma v. The State of Maharashtra & Ors.

10 Jun 2022 · N.J. Jamadar

The Bombay High Court dismissed the writ petition challenging the continuation of domestic violence proceedings, affirming the expansive interpretation of 'shared household' and 'domestic relationship' under the DV Act and upholding the availability of statutory appeal as a bar to writ jurisdiction.

family petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 shared household domestic relationship aggrieved person

The Executive Engineer, Mechanical Division v. Sulochana Baburao Nille

10 Jun 2022 · Sandeep K. Shinde

The Bombay High Court upheld the finding of composite negligence in a motor accident case and directed recalculation of compensation using the correct multiplier of 15 for a deceased aged 39 years.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 composite negligence compensation multiplier

Kiran Damodar Paygode & Ors. v. Union of India

10 Jun 2022 · Sandeep K. Shinde, J.

The High Court held that legal heirs of deceased dependents are entitled to claim unclaimed railway accident compensation and the Railway Claims Tribunal has power to execute such claims as decrees of a civil court, allowing condonation of delay in substitution applications.

civil appeal_allowed Significant Railways Act 1989 Railway Claims Tribunal compensation dependents

Arif Mohd. Rahilla v. The State of Maharashtra

10 Jun 2022 · A. S. Gadkari

The Bombay High Court acquitted the appellant in a child sexual assault case due to failure to prove identity beyond reasonable doubt and held that the offence constituted sexual assault under Section 7 POCSO, not penetrative assault under Section 6.

criminal appeal_allowed Significant POCSO Act sexual assault identification parade benefit of doubt

Deepak Marda v. The Income Tax Officer

10 Jun 2022 · Dhiraj Singh Thakur; Kamal Khata · [2014] 44 taxmann.com 304 (Bombay)
Cites 0 · Cited by 1

The Bombay High Court held that reopening of income tax assessment beyond four years without failure to disclose material facts and based on borrowed satisfaction is invalid, setting aside the reopening notice and order.

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