High Court of Bombay

5,131 judgments

Year:

Lalit Rajendra Gajanan v. State of Maharashtra

29 Oct 2021 · R. D. Dhanuka; R. I. Chagla

The Bombay High Court held that AICTE Regulations prescribing retirement age prevail over conflicting State MEPS Rules, allowing polytechnic lecturers to retire at 60 years instead of 58.

constitutional appeal_allowed Significant age of superannuation MEPS Act AICTE Regulations repugnancy

Pramod Kumar v. The Oriental Insurance Co. Ltd.

29 Oct 2021 · Prasanna B. Varale; S. M. Modak

The court upheld withholding promotion under Sealed Cover Procedure due to pending criminal investigation and sanction for prosecution, balancing employee rights with organizational interests.

labor petition_dismissed Significant Sealed Cover Procedure promotion vigilance clearance departmental inquiry

Bishop John Rodrigues v. The State of Maharashtra

29 Oct 2021 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court granted interim relief restraining compulsory acquisition of land declared as slum rehabilitation area, recognizing the landowner’s preferential redevelopment rights subject to procedural compliance under the Maharashtra Slum Areas Act.

property other Significant Slum Rehabilitation Authority Maharashtra Slum Areas Act preferential right redevelopment proposal

Golden Tobacco Limited v. The National Faceless Assessment Centre & Ors.

28 Oct 2021 · K. R. Shriram; Amit B. Borkar

The Bombay High Court held that non-service of the draft assessment order and denial of opportunity to respond under Section 144B of the Income Tax Act renders the faceless assessment order invalid and remanded the matter for reassessment following mandatory procedural safeguards.

tax appeal_allowed Significant Faceless Assessment Scheme Section 144B Income Tax Act draft assessment order principles of natural justice

Abu Dhabi Investment Authority v. Authority for Advance Ruling (Income Tax), Mumbai Bench

28 Oct 2021 · K.R. Shriram; Abhay Ahuja

The Bombay High Court held that income arising from a revocable transfer to a foreign trust is taxable in the hands of the settlor and exempt under the India-UAE DTAA, quashing the AAR ruling denying treaty benefits.

tax appeal_allowed Significant revocable transfer Section 61 Income Tax Act Section 63 Income Tax Act representative assessee

Amazon India v. State of Maharashtra

28 Oct 2021 · Sandeep K. Shinde

The Bombay High Court quashed criminal proceedings against an e-commerce intermediary under Section 420 IPC, holding that mere facilitation without dishonest intent does not constitute cheating.

criminal petition_allowed Significant e-commerce intermediary Section 420 IPC cheating marketplace model

Yeshwant Harishchandra Walvi v. State of Maharashtra

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

The High Court set aside the murder conviction due to failure of prosecution to prove the appellant's presence at the crime scene and misapplication of evidentiary law by the trial court.

criminal appeal_allowed Significant Section 302 IPC Section 106 Indian Evidence Act burden of proof FIR as evidence

Snehal Shailesh Borana v. Additional Divisional Commissioner, Konkan Division, Mumbai & Ors.

28 Oct 2021 · Sandeep V. Marne

The High Court held that eviction proceedings under the Rent Control Act lose jurisdiction where possession is claimed under a registered Agreement for Sale and a civil suit is pending, setting aside eviction orders and directing parties to resolve title disputes in civil court.

civil appeal_allowed Significant Maharashtra Rent Control Act, 1999 Section 24 jurisdiction Leave and License Agreement Agreement for Sale

Pr. Commissioner of Income Tax – 2 v. Mahindra Engineering and Chemical Products Ltd.

27 Oct 2021 · K.R. Shriram; Amit B. Borkar

The Bombay High Court upheld the ITAT's allowance of deduction for bad debts under Section 36(1)(vii) read with Section 36(2)(i) of the Income Tax Act where interest income was offered to tax in an earlier year, despite the assessee not being engaged in money lending business.

tax appeal_dismissed Significant bad debts Section 36(1)(vii) Section 36(2)(i) Income Tax Act, 1961

Urmila Ashok Kamble v. State of Maharashtra

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

The Bombay High Court held that a Part Time Librarian in a fully aided school with requisite student strength is entitled to be treated as Full Time Librarian from the date criteria are met, with all attendant pension and promotion benefits under the old pension scheme.

administrative petition_allowed Significant Part Time Librarian Full Time Librarian Government Resolution 1994 Pension Scheme

Shree Shankarabhararya Supreme Sanskrit University v. Industrial Tribunal

27 Oct 2021 · Ajay Rastogi; Abhay S. Oka

The Supreme Court held that employees engaged on temporary or contract basis with continuous service exceeding one year are entitled to protection against retrenchment and regularization under Section 25F of the Industrial Disputes Act, 1947.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 25F retrenchment continuous service

Pr. Commissioner of Income Tax-15, Mumbai v. EPC Industries Ltd.

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

The Bombay High Court held that reopening of income tax assessment based on waiver of loan was invalid as it was a mere change of opinion without new tangible material, thereby dismissing the Revenue's appeal.

tax appeal_dismissed Significant reassessment Section 147 Income Tax Act, 1961 mere change of opinion

Shankar Sayaji Handore & Ors. v. State of Maharashtra

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

The Bombay High Court acquitted three accused of murder due to inconsistent prosecution evidence, lack of corroboration for extra judicial confession, and flawed investigation.

criminal appeal_allowed Significant murder extra judicial confession benefit of doubt hostile witnesses

Ramesh @ Chhotu Ramchandra Prajapati v. The State of Maharashtra

26 Oct 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan
Cites 0 · Cited by 1

The High Court acquitted the accused of murder due to failure of the prosecution to establish a complete chain of circumstantial evidence and non-examination of key witnesses.

criminal appeal_allowed Significant circumstantial evidence Section 302 IPC Section 27 Evidence Act last seen theory

Laxman Govind Varma v. The State of Maharashtra

26 Oct 2021 · Anuja Prabhudessai

The Bombay High Court acquitted the appellant in a POCSO case due to failure to establish the competency and reliability of the four-year-old victim's testimony and lack of proper identification evidence.

criminal appeal_allowed Significant child witness competency POCSO Act sexual offence Indian Evidence Act Section 118

Pandurang B. Surve & Ors. v. State of Maharashtra & Ors.

26 Oct 2021 · Sadhana S. Jadhav; Surendra P. Tavade
Cites 1 · Cited by 0

The Bombay High Court held that Registrars of the Small Causes Court, Mumbai are entitled to pay parity with Registrars of the City Civil and Sessions Court, Mumbai, affirming the constitutional principle of equal pay for equal work.

administrative petition_allowed Significant equal pay for equal work pay parity Registrar of Small Causes Court Registrar of City Civil and Sessions Court

Miss Sadhana B. Bendbhar v. State of Maharashtra

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

The Bombay High Court held that the National Commission for Scheduled Castes lacks jurisdiction to direct appointments in private aided colleges and upheld the validity of the petitioner's appointment following due selection procedure.

administrative appeal_allowed Significant National Commission for Scheduled Castes appointment approval Shikshan Sevak Maharashtra Employees of Private Schools Rules

Rachna Sansad College of Applied Art & Craft v. All India Council for Technical Education

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

The Bombay High Court set aside AICTE's rejection of extension of approval and change of location for an applied arts college, holding that subsequent approvals rendered earlier orders redundant and that retrospective application of amended land norms was impermissible.

administrative petition_allowed Significant Extension of Approval Change of Location AICTE Natural Justice

Chitra Anant Salunke v. The State of Maharashtra and Ors.

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

The Bombay High Court dismissed the writ petition seeking salary arrears, holding that the petitioner’s appointment was not made following mandatory University procedures and the State Government was not liable to pay arrears under consent terms not binding on it.

civil petition_dismissed Significant appointment procedure University Statutes 417 and 418 salary arrears State Government liability

Mangesh Rajan Dervankar v. Admissions Regulating Authority & Ors.

22 Oct 2021 · A. S. Chandurkar; G. A. Sanap

The Bombay High Court held that reservation does not apply to Institutional Quota Seats and directed the Admissions Regulating Authority to reconsider the petitioner's admission approval after setting aside its earlier orders for failure to consider relevant facts and record reasons.

administrative appeal_allowed Significant Institutional Quota Seats Admissions Regulating Authority Reservation Caste Validity Certificate