High Court of Bombay

5,131 judgments

Year:

Modern India Limited v. Union of India

08 Oct 2021 · Ujjal Bhuyan; Madhav J. Jamdar

The Bombay High Court upheld BPCL's statutory right to renew a lease under the Burmah Shell Act, dismissed the petitioner's eviction claims, and clarified that such renewal operates by law overriding other property laws.

property appeal_dismissed Significant Burmah Shell Act lease renewal statutory right operation of law

Dr. Sandeep Shekar Shetty v. Dr. Sarika Sandeep Shetty

08 Oct 2021 · Bharati Dangre

The Bombay High Court allowed transfer of domestic violence proceedings to the Family Court to be tried along with pending matrimonial proceedings for expeditious and consistent disposal.

family appeal_allowed Significant transfer of proceedings Family Courts Act, 1984 Domestic Violence Act, 2005 Section 24 CPC

Chitrarekha M. Naik v. State of Maharashtra

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

The Bombay High Court held that 50% of continuous part-time service combined with full-time service qualifies an employee for pension benefits under the Maharashtra Civil Services (Pension) Rules, 1982, and directed grant of pension to the petitioner.

administrative petition_allowed Significant part-time service pensionable service superannuation pension Maharashtra Civil Services (Pension) Rules, 1982

Sunil Sureshchandra Agarwal v. State of Maharashtra

08 Oct 2021 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court dismissed a PIL challenging environmental permissions and tender processes related to a golf course project, holding the matter barred by res judicata and directing environmental issues to the National Green Tribunal.

constitutional petition_dismissed Significant Public Interest Litigation res judicata constructive res judicata fraud on court

Parshuram Chunilal Kanojiya v. Manohar Vithoba Kuntha & Another

08 Oct 2021 · Sandeep V. Marne

The High Court allowed the revision application setting aside eviction decrees for lack of genuine bonafide requirement by the landlord under the Maharashtra Rent Control Act, emphasizing that landlord’s own admissions negated the need for eviction.

civil appeal_allowed Significant bonafide requirement Maharashtra Rent Control Act Section 30 eviction decree

JSW Steel Limited v. Union of India

07 Oct 2021 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that only conclusive written communication of duty payable before June 30, 2019, including admission of liability, qualifies as 'quantification' under the Sabka Vishwas Scheme, dismissing the petitioner’s claim based on earlier audit communications.

tax appeal_dismissed Significant Sabka Vishwas Scheme quantification written communication CENVAT Credit Rules

Babasaheb Poul v. The State of Maharashtra

07 Oct 2021 · Sandeep K. Shinde

The Bombay High Court held that a private aggrieved person has a right to be heard and may be permitted to conduct prosecution before a Magistrate under Sections 301 and 302 CrPC, setting aside the denial of such right and the imposition of costs.

criminal appeal_allowed Significant right of audience private person prosecution Section 301 CrPC Section 302 CrPC

Jaydeep Dilip Taware v. State of Maharashtra

06 Oct 2021 · SANDEEP K. SHINDE

The High Court upheld the Sessions Judge's rejection of the police report under Section 169 Cr.P.C. and directed further investigation, affirming judicial supervisory power to ensure fair investigation in criminal cases.

criminal petition_dismissed Significant Section 169 Cr.P.C. Article 227 Constitution Section 482 Cr.P.C. Judicial supervision

Sanjay Kashinath Khomane v. The State of Maharashtra

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

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC based on reliable eyewitness and medical evidence, rejecting the defence of sudden provocation.

criminal appeal_dismissed Section 302 IPC murder intention to kill axe injury

Blackburn Metals v. M/s. Zep Engineering Works

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

The Bombay High Court held that complaints under Section 138 of the Negotiable Instruments Act are maintainable by unregistered partnership firms and that the Magistrate need not mandatorily hold an inquiry under Section 202 CrPC before issuing process if satisfied from affidavits and documents, while quashing process against a non-partner accused.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act unregistered partnership firm Section 69(2) Indian Partnership Act Section 202 CrPC inquiry

Snehal Bhushan Deshmukh v. Maharashtra State Board of Secondary & Higher Secondary Education

06 Oct 2021 · S. J. Kathawalla; Milind N. Jadhav

The Bombay High Court held that the Maharashtra State Board must correct a student's erroneous subject in the HSC result caused by college negligence, overruling a Government Resolution barring such corrections.

administrative petition_allowed Significant Maharashtra Secondary and Higher Secondary Education Boards Regulations Rule 102(2) Government Resolution 2nd July 2021 correction of examination results

Kum. Arya Vaibhav Umbarje v. State of Maharashtra & Ors.

06 Oct 2021 · Sunil B. Shukre; G.A. Sanap

The Bombay High Court held that a validity certificate issued pursuant to a binding judgment attains finality and directed the issuance of a tribe certificate to the petitioner, rejecting the Scrutiny Committee's attempt to reconsider and cancel earlier certificates.

administrative petition_allowed Significant Scheduled Tribe Certificate Validity Certificate Scrutiny Committee Binding Judgment

Sagar Hanumanta Daunde & Anr. v. Municipal Corporation of Greater Mumbai & Ors.

06 Oct 2021 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 7

The Bombay High Court upheld a Municipal Corporation circular restricting repeated complaints from habitual complainants to prevent harassment of public servants, holding it lawful and not violative of fundamental rights.

administrative petition_dismissed Significant Persona Non-grata Habitual complainants Municipal Corporation of Greater Mumbai Fundamental rights

Ningappa Dhanappa Naikwadi v. The State of Maharashtra

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

The Bombay High Court upheld the conviction for dowry death based on credible dying declarations, forensic evidence, and consistent witness testimony, rejecting the defence of accidental death.

criminal appeal_dismissed Significant dying declaration section 302 IPC section 498-A IPC burn injuries

Prakash @ Buddha Ramchandra Shinde v. The State of Maharashtra

05 Oct 2021 · Sadhana S. Jadhav; Prithviraj K. Chavan
Cites 3 · Cited by 0

The Bombay High Court set aside murder convictions due to unreliable dying declaration, flawed identification parade, lack of conspiracy evidence, and violation of accused's right to fair trial under section 313 CrPC.

criminal appeal_allowed Significant dying declaration test identification parade section 313 CrPC conspiracy

Kavita Nityanand Shetty v. State of Maharashtra

04 Oct 2021 · Ujjal Bhuyan; Madhav J. Jamdar

The Bombay High Court directed the State of Maharashtra to pay Rs.10 lakh compensation and provide rehabilitation to a burn victim treated at par with acid attack victims under victim compensation laws and disability rights.

criminal petition_allowed Significant victim compensation acid attack corrosive substance section 357A CrPC

JSW Steel Ltd. v. Kamlakar V. Salvi

04 Oct 2021 · Ujjal Bhuyan; Madhav J. Jamdar
Cites 0 · Cited by 1

The Bombay High Court held that the Micro and Small Enterprises Facilitation Council had jurisdiction to adjudicate delayed payment claims under the MSMED Act only if the supplier was registered at the time of contract, and that challenges to its awards must be made under the Arbitration Act, not by writ petition.

civil appeal_dismissed Significant Micro, Small and Medium Enterprises Development Act, 2006 Arbitration and Conciliation Act, 1996 jurisdictional facts registration under MSMED Act

Nilesh s/o Namdev Gurav & Ors. v. The State of Maharashtra & Ors.

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

The Bombay High Court held that employees appointed prior to 1st November 2005 in fully aided educational institutions, including part-time appointees, are entitled to the old pension scheme benefits rather than the new Defined Contribution Pension Scheme.

administrative appeal_allowed Significant old pension scheme Defined Contribution Pension Scheme part-time appointment fully aided educational institution

Sou. Chaya Pandurang Tathe & Ors. v. Pune Municipal Corporation & Ors.

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

The High Court held that primary teachers absorbed into Pune Municipal Corporation due to statutory extension retain seniority from their original appointment with Pune Zilla Parishad, quashing the seniority list that reckoned seniority from the absorption date.

administrative petition_allowed Significant seniority absorption Pune Municipal Corporation Pune Zilla Parishad

Satappa s/o Shrihari Patil & Ors. v. State of Maharashtra & Ors.

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

Employees appointed before 1st November, 2005 are entitled to old pension benefits despite joining duties after that date, as the date of recruitment governs pension scheme applicability.

labor petition_allowed Significant Maharashtra Civil Services (Pension) Rules, 1982 Defined Contribution Pension Scheme date of recruitment date of joining