High Court of Bombay

5,131 judgments

Year:

The State of Maharashtra v. Vilas Narayan Jagtap & Ors.

16 Nov 2021 · S.S. Shinde; Abhay Ahuja

The Bombay High Court dismissed the State's appeal against acquittal in a murder case, holding that the prosecution failed to prove beyond reasonable doubt that the accused caused the homicidal death.

criminal appeal_dismissed Significant Appeal against acquittal Section 302 IPC Benefit of doubt Eyewitness testimony

Allabaksh Gafur Shaikh v. The State of Maharashtra

16 Nov 2021 · S.S. Shinde; Abhay Ahuja

The Bombay High Court upheld the appellant's conviction for culpable homicide not amounting to murder under Section 304 Part II IPC, modifying the original murder conviction based on the dying declaration and the appellant's conduct post-incident.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 304 Part II IPC culpable homicide

Namdeo Tulshiram Mohadkar v. The State of Maharashtra

16 Nov 2021 · Bharati Dangre

The Bombay High Court upheld convictions for grievous hurt but maintained acquittals for murder due to absence of State appeal, clarifying limits on appellate revision powers under the CrPC.

criminal appeal_allowed Significant Section 302 IPC Section 324 IPC Section 325 IPC Appeal against acquittal

Ajay Bharat Shinde v. The State of Maharashtra

16 Nov 2021 · Anuja Prabhudessai

The High Court acquitted the accused of rape and POCSO offences due to failure of prosecution to conclusively prove the victim's minority as required under the Juvenile Justice Act and POCSO Act.

criminal appeal_allowed Significant POCSO Act age determination medical age test Section 94 Juvenile Justice Act

Dewan Housing Finance Corporation Limited v. Union of India

16 Nov 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court held that upon approval and implementation of a Resolution Plan causing change in management, a Corporate Debtor is immune from prosecution for pre-CIRP offences under Section 32A of the IBC, even if appeals against the plan are pending.

criminal appeal_allowed Significant Section 32A IBC Corporate Insolvency Resolution Process Resolution Plan approval Change in management

M/s. J.B.D. Finance and Investment Ltd. and Others v. State of Maharashtra and Sampark Marketing Advertising Pvt. Ltd.

16 Nov 2021 · Sandeep K. Shinde

The High Court held that the two-year limitation under Section 85 Cr.P.C. for release of attached property is not absolute and courts may entertain belated applications if sufficient cause is shown.

criminal appeal_allowed Significant Section 85 Cr.P.C. attachment of property limitation period release and restoration

Amarjeetsingh Mohindersingh Basi v. State of Maharashtra

16 Nov 2021 · S.S. Shinde; N.J. Jamadar

The Bombay High Court quashed an FIR registered based on an inspection report submitted in violation of a court stay and without following the mandatory statutory procedure under Section 81(5B) of the Maharashtra Co-operative Societies Act, 1960.

criminal petition_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 81(5B) test audit inspection report

Dewan Housing Finance Corporation Limited v. Union of India

16 Nov 2021 · Sandeep K. Shinde
Cites 1 · Cited by 1

The Bombay High Court held that upon approval of a Resolution Plan causing bona fide change in management, a Corporate Debtor is entitled to immunity from prosecution for pre-CIRP offences under Section 32A of the IBC, even if appeals against the plan are pending without stay.

criminal appeal_allowed Significant Section 32A IBC Corporate Insolvency Resolution Process Resolution Plan approval Change of management

The Oriental Insurance Company Limited v. Karbhari Daga Gaikwad and Another

16 Nov 2021 · N.J. Jamadar
Cites 0 · Cited by 26

The High Court held that the insurer cannot be held liable to pay compensation where the insurance policy had expired prior to the accident and no valid contract of insurance subsisted on the accident date.

civil appeal_allowed Significant Motor Vehicles Act, 1988 insurance contract One Time Insurance Scheme Pay and Recover principle

Rich Feel Health and Beauty Private Limited v. Income Tax Officer Ward 13(3)(2)

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

The Bombay High Court held that reopening of income tax assessment under Section 148 based on a mere change of opinion without fresh material is impermissible and quashed the reassessment notices and orders.

tax appeal_allowed Significant reopening of assessment Section 148 Income-tax Act change of opinion advertisement expenses

Santoshkumar Surajbhan Goyal v. The State of Maharashtra and Anr.

15 Nov 2021 · Anuja Prabhudessai

The Bombay High Court acquitted the accused of cheating under Section 417 IPC, holding that consensual sexual relationship between married persons with knowledge of each other's status does not constitute cheating by false promise of marriage.

criminal appeal_allowed Significant Section 417 IPC Cheating False promise of marriage Consent

Rohan Sunil Abbott v. The State of Maharashtra

15 Nov 2021 · Sandeep K. Shinde

The Bombay High Court held that bail granted under Section 436 Cr.P.C. cannot be cancelled via Section 437(5) Cr.P.C. application, but the accused may be directed to surrender and apply for bail for newly added non-bailable offences.

criminal petition_dismissed Significant Section 436 Cr.P.C. Section 437(5) Cr.P.C. bail cancellation newly added offences

Rajkumar Bhujangrao Dhakane v. Sanjay Saxsena

15 Nov 2021 · G. S. Patel; Madhav J. Jamdar
Cites 1 · Cited by 0

The Bombay High Court dismissed the writ petition challenging removal from the State Police Complaints Authority, holding that a prior demand for justice is mandatory before seeking mandamus and that the State Government validly exercised its power to remove a member with serious criminal complaints.

administrative appeal_dismissed Significant writ of mandamus demand for justice State Police Complaints Authority removal of member

Gajanan Chintaman Gujar v. Aparna Shankar Gujar & Ors.

15 Nov 2021 · Sandeep V. Marne

The Bombay High Court set aside an ex parte decree against a defendant who failed to appear due to reliance on his advocate, granting him an opportunity to defend the suit subject to costs, emphasizing the court's discretion under Order 9 Rule 13 CPC to prevent failure of justice.

civil appeal_allowed Significant ex parte decree Order 9 Rule 13 CPC setting aside decree advocate negligence

Hetan Ram Gangwani & Ors. v. The State of Maharashtra

12 Nov 2021 · Amit Borkar, J.

The Bombay High Court rejected anticipatory bail to applicants accused of illegally diverting petroleum products through layered transactions and adulteration, emphasizing the necessity of custodial interrogation and ongoing investigation.

criminal appeal_dismissed Significant anticipatory bail adulterated diesel fuel Essential Commodities Act Petroleum Act

Surinder Singh v. Arrow Engineering Ltd

01 Nov 2021 · SOMASEKHAR SUNDARESAN

The Bombay High Court dismissed petitions seeking extension of the arbitral tribunal's mandate due to prolonged inactivity and non-payment of fees, emphasizing the need for finality and diligent pursuit in arbitration proceedings.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 29-A extension of arbitral mandate arbitral fees

Rajendra Sham Waghele v. The State of Maharashtra

29 Oct 2021 · S. S. Shinde; S. P. Tavade

The Bombay High Court dismissed the appeal and upheld the conviction of the appellant for murdering his wife based on cogent medical and eyewitness evidence establishing homicidal death.

criminal appeal_dismissed Section 302 IPC murder homicidal death postmortem report

Santosh Dattaram Baraskar v. The State of Maharashtra

29 Oct 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted accused of murder charges due to unreliable prosecution evidence, defective investigation, and procedural irregularities in production of weapons.

criminal appeal_allowed Significant unlawful assembly murder identification parade voluntary statement

Dattaram Hari Pandare v. The State of Maharashtra

29 Oct 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court upheld the life conviction of Dattaram Pandare for murdering Murgesh Gavandar based on credible child witness testimony and corroborative medical evidence despite a delayed FIR.

criminal appeal_dismissed Significant murder Section 302 IPC delay in FIR child witness

Sau Sheela Rameshchandra Bargaje v. The Administrative Officer, Municipal Education Board, Wai

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

The Bombay High Court held that suspension cannot continue beyond retirement without departmental enquiry or conviction and ordered payment of all dues to the petitioner, quashing the suspension order.

administrative appeal_allowed Significant suspension government service superannuation departmental enquiry