High Court of Bombay

5,131 judgments

Year:

Santosh Hari Gavas v. State of Maharashtra

21 Oct 2021 · N.J. Jamadar

The Bombay High Court upheld the disqualification of society office bearers for default in convening the Annual General Body Meeting within the statutory period under section 75(5) of the Maharashtra Cooperative Societies Act, 1960.

administrative petition_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 75(5) Annual General Body Meeting disqualification

Amey Mahendrasing Thakur v. State of Maharashtra

21 Oct 2021 · R.D. Dhanuka; Abhay Ahuja
Cites 2 · Cited by 0

The Bombay High Court held that a petitioner with valid caste certificates of blood relatives and genealogical proof must be granted a Scheduled Tribe certificate despite failing the affinity test, quashing the Scrutiny Committee's rejection.

administrative appeal_allowed Significant Scheduled Tribe Caste Validity Certificate Affinity Test Scheduled Tribes Order 1950

Akhtar Kadar Jamadar v. State of Maharashtra

21 Oct 2021 · R.D. Dhanuka; Abhay Ahuja
Cites 0 · Cited by 1

The Bombay High Court held that in Muslim caste claims, absence of caste entries in documents requires application of the affinity test and reliance on Vigilance Cell inquiry, quashing the rejection of the petitioner's Gavali Nomadic Tribe certificate and directing its issuance.

administrative petition_allowed Significant caste certificate Muslim community affinity test Vigilance Cell report

Sukruti Apartment Co-op Hsg. Soc. Ltd. v. Tirumala Developers

21 Oct 2021 · Sandeep K. Shinde

The High Court held that the Competent Authority cannot grant unilateral conveyance beyond the leasehold interest agreed in the original agreements, dismissing the appeal against stay of such conveyance over the larger plot.

property appeal_dismissed Significant Maharashtra Ownership Flats Act, 1963 unilateral conveyance Competent Authority leasehold interest

Prem Siddha Co-op. Housing Society v. High Power Committee

20 Oct 2021 · Ujjal Bhuyan; Madhav J. Jamdar

The Bombay High Court held that only a registered co-operative society has locus to challenge slum rehabilitation schemes, upheld SRA's power to change developers under section 13(2) of the Slum Act, and remanded the matter for fresh consideration after proper notice to the landowner.

property appeal_allowed Significant Slum Rehabilitation Authority Section 13(2) Maharashtra Slum Areas Act Developer removal Co-operative housing society

Sau. Mangala Ramdas Medhane & Ors. v. The State of Maharashtra

20 Oct 2021 · S.S. Shinde; N.J. Jamadar

The Bombay High Court quashed the FIR and proceedings against distant relatives and a friend of the husband in a matrimonial cruelty case, holding that mere omnibus allegations without specific involvement do not prima facie make out offences under Section 498A IPC.

criminal petition_allowed Significant Section 498A IPC quashing of FIR matrimonial cruelty abuse of process

Suresh Ramchandra Dhanu & Ors. v. State of Maharashtra & Ors.

20 Oct 2021 · Ujjal Bhuyan; Madhav J. Jamdar · 2004 (5) Bom.C.R. 766

The Bombay High Court upheld the Maharashtra Government's regulation restricting purse seine net fishing as a valid exercise of statutory power and reasonable restriction under the Constitution, dismissing the petitioners' challenge.

administrative petition_dismissed Significant Maharashtra Marine Fishing Regulation Act, 1981 purse seine net fishing Article 19(1)(g) reasonable restriction

Samarth Constructions v. Pushpa Chandrakant Mate

16 Oct 2021 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court upheld the National Commission's dismissal of a delayed appeal by builders against a consumer forum order, emphasizing strict adherence to limitation and bona fide prosecution under the Consumer Protection Act.

consumer_protection petition_dismissed Significant Consumer Protection Act, 1986 Section 51 condonation of delay sufficient cause

Rashid Ahmed Abdul Bashar Shaikh v. State of Maharashtra

14 Oct 2021 · S. S. Shinde; V. G. Bisht

The Bombay High Court upheld the conviction of two appellants for murder and related offences based on credible ocular and forensic evidence, rejecting their plea of alibi and procedural objections.

criminal appeal_dismissed Significant homicide identification parade alibi ocular evidence

Kalpesh Dinesh Brahikar v. The State of Maharashtra

14 Oct 2021 · Anuja Prabhudessai

The Bombay High Court acquitted the appellant of attempted murder under Section 307 IPC due to lack of cogent evidence and perverse appreciation of hostile witness testimony and medical evidence.

criminal appeal_allowed Significant Section 307 IPC Attempt to murder Hostile witness Medical certificate

Naveen Kumar Aggarwal v. The State of Maharashtra

14 Oct 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court dismissed the revision application challenging refusal to discharge an Income-tax officer accused of demanding and accepting bribe, holding that sufficient ground existed to proceed against him under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Section 227 CrPC Prevention of Corruption Act, 1988 bribe demand prima facie case

Commissioner of Income Tax-TDS-1 v. Emsons Exim Pvt. Ltd.

13 Oct 2021 · K. R. Shriram; Amit B. Borkar
Cites 1 · Cited by 0

The Bombay High Court dismissed writ petitions challenging ITAT orders under Section 234E of the Income Tax Act, holding that statutory appeal remedies must be exhausted when tax effect is below prescribed monetary limits and no exceptions apply.

tax petition_dismissed Significant Income Tax Act Section 234E Section 260A Article 226

Raghunath Machhindra Mali v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder due to inconsistencies in evidence and defective investigation, emphasizing the need for proof beyond reasonable doubt.

criminal appeal_allowed Significant murder Section 302 IPC reasonable doubt ocular evidence

Siddharth Sanjay Mutha v. Mrs. Meena Milind Bhansali

13 Oct 2021 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court allowed the revision to reject a plaint challenging a partnership deed and compromise decree, holding the suit barred by law and lacking cause of action under Order 7 Rule 11 CPC and partnership law.

civil appeal_allowed Significant Order 7 Rule 11 CPC cause of action partnership deed Indian Partnership Act 1932

Abhay Mogal v. Neha Joshi

13 Oct 2021 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court allowed the habeas corpus petition directing the mother to produce the US-born minor child and hand over custody to the father for repatriation to the US, prioritizing the child's welfare and foreign custody orders.

family petition_allowed Significant habeas corpus child custody international custody dispute foreign court jurisdiction

The State of Maharashtra v. Jahangir Babu Fakir & Ors.

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

The Bombay High Court upheld the acquittal of accused in a violent assault case due to contradictions between ocular and medical evidence, unexplained FIR delay, and failure to prove unlawful assembly beyond reasonable doubt.

criminal appeal_dismissed Significant unlawful assembly injured witnesses medical evidence contradiction benefit of doubt

Nitin Sitaram Wankhede v. The State of Maharashtra

12 Oct 2021 · Sandeep K. Shinde

The Bombay High Court quashed non-bailable warrants issued against an accused who was present in court, emphasizing that such warrants require proper scrutiny and should not be issued without reasonable cause.

criminal appeal_allowed Significant non-bailable warrant issuance of warrant recall of warrant presence of accused

Union of India v. Eknath Marutirao Kalmetkar

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

The Bombay High Court upheld the acquittal of the accused in a narcotics case due to non-compliance with mandatory procedural safeguards and failure to prove conscious possession of contraband.

criminal appeal_dismissed Significant NDPS Act section 42(2) section 50 conscious possession

Ashik R. Shah v. Metal Rolling Works Ltd.

11 Oct 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court held that while Section 319 Cr.P.C. does not expressly require a speaking order, the Court must record reasons supported by evidence before adding persons as accused, and quashed an order issuing notice without such reasons.

criminal petition_allowed Significant Section 319 Cr.P.C. addition of accused reasoned order speaking order

Rational Art & Press Private Limited v. State of Maharashtra & Ors.

09 Oct 2021 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 1

The Bombay High Court upheld the State Government's discretionary zoning decision and regulatory conditions under the MRTP Act and DCPR 2034, dismissing the petitioner's challenge to industrial zoning and premium payment requirements.

administrative petition_dismissed Significant zoning development plan Maharashtra Regional Town Planning Act, 1966 public participation