High Court of Bombay

5,131 judgments

Year:

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

Punjabrao Appasaheb Pol v. Returning Officer, Man Taluka Agricultural Produce Market Committee

24 Sep 2021 · Ujjal Bhuyan; Madhav J. Jamdar

The Bombay High Court held that where a candidate is the sole voter in a constituency, nomination rules requiring proposer and seconder from the same constituency must be interpreted pragmatically, allowing nomination acceptance and election declaration.

administrative appeal_allowed Significant APMC election nomination rejection proposer and seconder lex non cogit ad impossibilia

The State of Maharashtra & Ors. v. Rekha Vijay Dubey; The State of Maharashtra & Ors. v. Sitaram Mamtaji Pote; The State of Maharashtra & Ors. v. Shashikant K. Chinchkar

24 Sep 2021 · Dipankar Datta; M. S. Karnik; Salunke

The Bombay High Court upheld the Tribunal's decision barring the State from recovering alleged excess salary payments from the retirement benefits of Class III/Group 'C' employees absent statutory undertakings or fraud.

administrative appeal_dismissed Significant excess salary payment Class III employees Group C service recovery of salary

The Commissioner, JNCH v. Kargawal Corporation

23 Sep 2021 · K.R. Shriram; M. S. Karnik

The High Court upheld the Tribunal's reduction of redemption fine imposed for unauthorized import of restricted goods, emphasizing the need for market price-based justification and recognizing the appellate authority's power to reduce fines absent proper basis.

administrative appeal_dismissed Significant redemption fine customs act unauthorized import restricted goods

Aayeshabi Ayyaz Khan v. The State of Maharashtra

23 Sep 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court allowed revision and discharged the accused mother due to insufficient material to proceed against her at the charge framing stage under Section 227 Cr.P.C.

criminal appeal_allowed Significant Section 227 Cr.P.C. charge framing prima facie case discharge

Darshan Jitendra Jhaveri v. Commissioner of Income Tax

22 Sep 2021 · K.R. Shriram; M.S. Karnik

The Bombay High Court quashed the transfer of an income tax case for lack of a valid show cause notice and failure to provide reasonable opportunity under Section 127(2)(a) of the Income Tax Act, 1961.

tax appeal_allowed Significant Section 127 Income Tax Act transfer of income tax cases reasonable opportunity of hearing show cause notice

Balu Kundalik Patil v. The State of Maharashtra & another

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

The Bombay High Court upheld the conviction and life sentence of the appellant for rape of a minor Scheduled Caste victim, affirming the reliability of child testimony supported by medical and forensic evidence.

criminal appeal_dismissed Significant rape sexual assault child victim Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Ankush Krishna Chavan v. The State of Maharashtra

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

The High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, recognizing the offence was committed in sudden fight and heat of passion.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part I IPC Exception 4 to Section 300 IPC culpable homicide

Vasant Chandar Waghamare v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder charges due to the unreliable extra-judicial confession and unexplained delay in lodging the FIR, emphasizing the need for corroboration and proof beyond reasonable doubt.

criminal appeal_allowed Significant extra-judicial confession Section 302 IPC delay in lodging FIR reliability of confession

Pappu Rajaram Marathe v. The State of Maharashtra

22 Sep 2021 · Sandeep K. Shinde

The High Court allowed the writ petition directing release of the vehicle to its rightful owner under Section 457 CrPC, setting aside lower courts' refusal to deliver the vehicle used in a crime.

criminal appeal_allowed Significant Section 457 CrPC Section 357(2) CrPC Rightful owner Possession of seized property

Satyawan Pandurang Thale v. State of Maharashtra

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

The Bombay High Court quashed the externment order against the petitioner for lack of proper show-cause notice, absence of subjective satisfaction, and failure to establish a live link between offences and externment proceedings.

criminal petition_allowed Significant externment order Maharashtra Police Act, 1951 show-cause notice subjective satisfaction

Vishal Gajendra Surwase v. Union of India

20 Sep 2021 · Ujjal Bhuyan; Madhav J. Jamdar
Cites 0 · Cited by 1

The Bombay High Court dismissed the writ petition challenging recruitment and seeking regularization of security guards at FCI Manmad, holding that disputed factual claims and regularization issues must be adjudicated by industrial tribunals and that the recruitment process was lawful.

administrative petition_dismissed Significant regularization of service writ petition Article 226 Food Corporation of India

Hitesh Prakashmalji Mehta v. Aashika Hitesh Mehta

20 Sep 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court held that maintenance awarded under the Domestic Violence Act must be adjusted against maintenance granted in prior proceedings to avoid double recovery, setting aside the dismissal of the applicant's appeal and directing modification of the maintenance order accordingly.

family appeal_allowed Significant maintenance Protection of Women from Domestic Violence Act, 2005 Section 125 CrPC adjustment of maintenance

Avishek Asit Mitra v. The State of Maharashtra

20 Sep 2021 · SANDEEP K. SHINDE
Cites 1 · Cited by 0

The Bombay High Court upheld the refusal to discharge the accused, holding that a false promise to marry made without intent vitiates consent and warrants trial under Section 376 IPC.

criminal appeal_dismissed Significant false promise to marry Section 376 IPC consent vitiation discharge under Section 227 Cr.P.C.

The Commissioner of Central Excise v. Kamal Singhania

17 Sep 2021 · K.R. Shriram; M. S. Karnik

The Bombay High Court upheld CESTAT's order setting aside major excise duty demands and penalties due to violation of natural justice by denying cross-examination of a key witness.

tax appeal_dismissed Significant Central Excise Act, 1944 CESTAT cross-examination natural justice

Anil Tukaram Mohite v. Commissioner of Police Pimpri Chinchwad & Ors.

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

The Bombay High Court quashed the preventive detention of Anil Tukaram Mohite under the MPDA Act, holding that his alleged activities did not adversely affect public order and that procedural lapses vitiated the detention order.

criminal petition_allowed Significant preventive detention public order law and order Maharashtra Prevention of Dangerous Activities Act, 1981

Zeeshan Abdul Malik Khot v. State of Maharashtra

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

The Bombay High Court dismissed the petition seeking furlough for a terrorist convict, holding that prisoners convicted of terrorist crimes are disqualified from furlough under Maharashtra Prisons Rules to safeguard public safety.

criminal petition_dismissed Significant furlough leave Prevention of Terrorism Act Maharashtra Prisons Rules terrorist activities

Yashwant Balasaheb Gavade v. The State of Maharashtra

17 Sep 2021 · Sandeep K. Shinde

The Bombay High Court dismissed the revision challenging the trial court's order declining discharge in a bribery case, holding that sufficient material existed to proceed under Section 7 of the Prevention of Corruption Act, 1988.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 7 offence bribery demand and acceptance