High Court of Bombay

5,061 judgments

Year:

Kalpatatru Plus Sharyans v. Deputy Commissioner of Income Tax

30 Sep 2021 · K.R. Shriram; R.I. Chagla

The Bombay High Court quashed the reopening of income tax assessment beyond four years where the Assessing Officer failed to show non-disclosure of material facts, holding that mere change of opinion does not justify reassessment.

tax petition_allowed Significant reopening of assessment Section 147 Income Tax Act full and true disclosure change of opinion

Kalpataru Limited v. Deputy Commissioner of Income Tax Central Circle 5 (3)

30 Sep 2021 · K.R. Shriram; R.I. Chagla

The Bombay High Court held that reopening of income tax assessment beyond four years requires tangible material showing failure to fully and truly disclose material facts, and mere change of opinion by the Assessing Officer is insufficient to justify reopening.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Reopening of assessment Full and true disclosure

M/s. Hindustan Unilever Ltd. v. Deputy Commissioner of Income Tax

30 Sep 2021 · K.R. Shriram; R.I. Chagla

The Bombay High Court held that reopening of income tax assessment beyond four years is invalid if the assessee has fully and truly disclosed all material facts, and a mere change of opinion by the Assessing Officer cannot justify reassessment.

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

Sanjeev Nagnath Upade v. The Commissioner of Police

30 Sep 2021 · S. S. Shinde; N. J. Jamadar

The Bombay High Court quashed a preventive detention order due to unexplained delay and non-furnishing of vital documents, affirming strict compliance with constitutional safeguards under Article 22(5).

criminal petition_allowed Significant preventive detention delay in detention order Article 22(5) Constitution of India Maharashtra Prevention of Dangerous Activities Act, 1981

Mallinath Shivanand Zalke v. The State of Maharashtra

30 Sep 2021 · SANDEEP K. SHINDE

The Bombay High Court held that a Magistrate cannot condition the release of a seized vehicle under Section 457 CrPC on the outcome of separate revenue proceedings or indemnity bond execution.

criminal petition_allowed Significant Section 457 CrPC Maharashtra Land Revenue Code seizure and release of vehicle conditional release

Vallurupalli Raja Sekhar Reddy & Ors. v. The State of Maharashtra & Anr.

30 Sep 2021 · Sandeep K. Shinde

The Bombay High Court held that a Company Secretary cannot be held liable under Section 141 of the Negotiable Instruments Act without specific averments that he was 'in charge' of the company’s business or that the offence was committed with his consent, connivance, or negligence, and quashed the complaint against him.

criminal petition_allowed Significant Negotiable Instruments Act Section 138 Section 141 Company Secretary liability

Smt. Anjanabai Gopal Tathe v. Bharati Shankar Urankar & Ors.

30 Sep 2021 · Bharati Dangre

The court held that subsequent purchasers cannot obstruct execution of a decree declaring a sale deed void, and directed expeditious delivery of possession to the decree-holder despite procedural objections.

civil petition_allowed Significant execution of decree possession warrant Order XXI Rule 35 CPC subsequent purchaser

Navneet Singh Gogia and Anr. v. Rahul C. Chandak

30 Sep 2021 · Sandeep K. Shinde

The Bombay High Court held that under amended Section 148 of the Negotiable Instruments Act, appellate courts can direct interim compensation deposit pending appeal even after bail is granted without such direction.

criminal petition_dismissed Significant Negotiable Instruments Act Section 138 Section 148 interim compensation

Karishma Imraan Khan Mujawar v. The State of Maharashtra

30 Sep 2021 · Prasanna B. Varale; Shrikant D. Kulkarni

The Bombay High Court allowed a writ petition directing issuance of caste validity certificate to a Muslim Kasai woman, holding that post-independence documents and Vigilance Cell reports must be duly considered in caste claims where caste is not customarily recorded.

administrative petition_allowed Significant caste certificate Muslim community Kasai community OBC reservation

Kunjumon Shivarajan Panicker v. Chandravadan Pranlal Doshi & Ors.

30 Sep 2021 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court allowed legal heirs of a deceased executor-beneficiary to be impleaded and permitted conversion of probate proceedings into Letters of Administration with Will annexed, enabling continuation of the claim after the executor's death.

civil appeal_allowed Significant probate letters of administration executor legatee

Siddharth Pitabas Nayak v. Union of India & Ors.

30 Sep 2021 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 1 · Cited by 9

The Bombay High Court held that sealed cover procedure for withholding promotion applies only after issuance of chargesheet, not merely on pendency of vigilance enquiry, and directed promotion of the petitioner accordingly.

service petition_allowed Significant sealed cover procedure promotion chargesheet disciplinary proceedings

Reliance General Insurance Company Ltd. v. Seven Islands Shipping Ltd.

30 Sep 2021 · Sandeep V. Marne

The Bombay High Court dismissed the insurer’s writ petition upholding concurrent consumer commission orders enforcing an insurance claim, holding that damage due to wear and tear is not an accident, warranty breach was not established, and jurisdictional objections to single member bench were belated and untenable.

civil petition_dismissed Significant insurance contract warranty accident consumer protection

Shamrao Tayappa Dhavare v. Education Officer (Sec)

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

The Bombay High Court held that a primary school teacher appointed under the 25% category is entitled to higher pay scale from the date of acquiring B.Ed. qualification, not from the earlier administrative direction.

administrative appeal_allowed Significant higher pay scale B.Ed. qualification 25% category posts primary school teachers

Dnyansagar Shikshan Prasarak Mandal & Ors. v. The State of Maharashtra & Ors.

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

The Bombay High Court held that accrued rights to sanction non-teaching posts in private aided primary schools under the repealed Bombay Primary Education Act survive repeal and must be honored despite the RTE Act, quashing the State's refusal to sanction such posts.

administrative appeal_allowed Significant Right of Children to Free and Compulsory Education Act, 2009 Bombay Primary Education Act, 1947 Repeal Act 2013 non-teaching staff sanction

Raigad Co-operative Housing Society Limited v. Suman Eknath Gaike

29 Sep 2021 · Bharati Dangre

The court held that the mandatory notice under Section 164 of the Maharashtra Co-operative Societies Act is procedural and waivable, upheld the grant of temporary injunction to the property owner, and dismissed challenges to the suit's maintainability and injunction.

civil appeal_dismissed Significant Section 164 Maharashtra Co-operative Societies Act deemed conveyance temporary injunction Order 7 Rule 11 CPC

Atul Kanhaiyalal Surana and Ors. v. Suresh Dnyanoba Khedekar and Ors.

29 Sep 2021 · Nitin W. Sambre; R. N. Laddha
Cites 1 · Cited by 17

The Bombay High Court quashed the re-investigation and charge-sheet filed without leave of court, upheld the initial 'A' summary report, and clarified that only further investigation, not re-investigation, is permissible under Section 173(8) CrPC.

criminal petition_allowed Significant Section 173(8) CrPC further investigation re-investigation A summary report

Shivaji Pandurang Chumbhale v. The Administrator, CIDCO

28 Sep 2021 · S.J. Kathawalla; Milind N. Jadhav

The Bombay High Court held that CIDCO waived its right to claim delayed payment charges by accepting late payments without objection and directed possession to be handed over upon payment of interest only until the date of full payment.

property appeal_allowed Significant Delayed Payment Charges waiver estoppel Section 63 Indian Contract Act

Prashant Sadanand More v. Mansi Sunil Lambade & Anr.

28 Sep 2021 · Sandeep K. Shinde

The Bombay High Court quashed the order permitting examination of a belatedly summoned witness under Section 311 CrPC, holding that such powers must be exercised with strong and valid reasons to ensure a just decision.

criminal appeal_allowed Significant Section 311 CrPC summoning witness belated stage of trial corroborative evidence

Ranjeet Shahaji Gade & Ganesh Uttam Kamble v. The State of Maharashtra

28 Sep 2021 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court upheld the conviction and life sentences of three accused for gang rape, affirming the prosecutrix’s credible testimony, forensic evidence, and rejecting the defence of consensual sex and procedural lapses.

criminal appeal_dismissed Significant gang rape identification parade extra judicial confession DNA profiling

Rajendra Bhau Patole v. The State of Maharashtra

28 Sep 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court dismissed the petition seeking quashing of FIR and approval under the MCOC Act, holding that prima facie material disclosed the petitioner’s involvement in organized crime and that invocation of the MCOC Act was justified.

criminal petition_dismissed Significant quashing of FIR Maharashtra Control of Organized Crime Act Section 482 CrPC organized crime