High Court of Bombay

5,131 judgments

Year:

Sunlight Housing Development Pvt. Ltd. & Ors. v. Directorate of Enforcement & Ors.

23 Aug 2021 · K.K. Tated; Prithviraj K. Chavan

The Bombay High Court upheld the provisional attachment of properties under the PMLA, rejecting the petitioners' challenge that the properties were clean and acquired prior to the offence, emphasizing procedural compliance and the broad definition of proceeds of crime.

criminal appeal_dismissed Significant Prevention of Money Laundering Act provisional attachment proceeds of crime Section 5(1) PMLA

Dr. Reshma Suraj Pawar v. The State of Maharashtra

23 Aug 2021 · Revati Mohite Dere

The Bombay High Court allowed interim release of a seized vehicle to its registered owner, not an accused, quashing the trial court's erroneous ownership finding.

criminal appeal_allowed Significant seizure of vehicle ownership of seized property interim custody non-accused owner

Milind Ashok Kalamkar v. Sheetal Milind Kalamkar

23 Aug 2021 · M. S. Karnik

The Bombay High Court upheld the Family Court's refusal to grant an anti-suit injunction restraining foreign matrimonial proceedings, emphasizing the parties' permanent residence in Australia and principles of comity and forum conveniens.

family petition_dismissed Significant anti-suit injunction matrimonial jurisdiction foreign court Hindu Marriage Act

Shri Anil Vasantrao Deshmukh v. Directorate of Enforcement & Ors.

18 Aug 2021 · Nitin Jamdar; Sarang V. Kotwal

The Bombay High Court dismissed the former Home Minister's plea to quash summons issued under PMLA, holding that judicial interference in ongoing investigations is limited and no mala fide was established.

criminal appeal_dismissed Significant Prevention of Money Laundering Act Section 50 summons Enforcement Directorate mala fide investigation

Anil Vishnu Patil & Ors. v. The State of Maharashtra & Ors.

17 Aug 2021 · Prasanna B. Varale; N.R. Borkar

The Bombay High Court acquitted appellant No.2 of gang rape charges due to unreliable identification without prior test identification parade and inconsistencies in prosecution evidence.

criminal appeal_allowed Significant Section 376(G) IPC rape test identification parade identification evidence

M/s. F.A.Enterprise v. Vidarbha Irrigation Development Corporation

13 Aug 2021 · S.J. Kathawalla

The Bombay High Court held that contract clauses conferring supervisory decision-making powers on departmental officers do not constitute a valid arbitration agreement, and dismissed the petition seeking appointment of an arbitrator.

civil appeal_dismissed Significant arbitration agreement superintending engineer departmental dispute resolution contract clauses

Iqbal Ahmed Kabir Ahmed v. The State of Maharashtra

13 Aug 2021 · S.S. Shinde; N.J. Jamadar

The Bombay High Court allowed bail to an accused under UAPA, holding that prolonged pre-trial incarceration without timely trial violates constitutional rights despite statutory bail restrictions.

criminal appeal_allowed Significant bail UAPA section 43D prima facie

Ritika Prashant Jasani v. Anjana Niranjan Jasani

13 Aug 2021 · Ujjal Bhuyan; Madhav J. Jamdar

The Bombay High Court set aside a summary eviction order under the Senior Citizens Act, holding that eviction must consider ownership rights and the woman's right to reside in a shared household under the Domestic Violence Act, requiring harmonious construction of both statutes.

family appeal_allowed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Protection of Women from Domestic Violence Act, 2005 shared household eviction

Balasaheb Barku Kolhe v. Commissioner of Police

12 Aug 2021 · S. S. Shinde; N. J. Jamadar

The Bombay High Court dismissed the petition challenging the approval under Section 23 of the MCOC Act, holding that the validity of such approval is to be tested at trial and prima facie material established the petitioner's nexus with the organized crime syndicate.

criminal petition_dismissed Significant Maharashtra Control of Organized Crime Act Section 23 approval organized crime syndicate sanction validity

SKS Power Generation (Chhattisgarh) Ltd v Canara Bank

11 Aug 2021 · G.S. Patel
Cites 1 · Cited by 0

The Bombay High Court upheld enforcement of unconditional Bank Guarantees against Canara Bank, dismissing the liquidator's impleadment and rejecting defenses of fraud and insolvency-related invalidity.

commercial appeal_allowed Significant Bank Guarantee Unconditional Bank Guarantee Summary Suit Commercial Courts Act

Tulika Devidayal v. Pradipkumar Laxmanbhai Patel & Ors.

11 Aug 2021 · A. K. Menon

The Bombay High Court held it has jurisdiction to grant disclosure of assets under Section 9 post-consent arbitral award but refused other enforcement reliefs, which must be pursued via execution proceedings.

civil appeal_allowed Significant Section 9 Arbitration and Conciliation Act interim relief jurisdiction seat of arbitration

SKS Power Generation (Chhattisgarh) Ltd v Canara Bank

11 Aug 2021 · G.S. Patel
Cites 1 · Cited by 0

The Bombay High Court held that unconditional bank guarantees must be enforced on demand unless fraud or irretrievable injustice is shown, dismissed the Liquidator's impleadment application, and decreed payment to the beneficiary against Canara Bank.

commercial appeal_allowed Significant bank guarantee unconditional bank guarantee summary suit corporate insolvency resolution process

Pinnacle Vastunirman Private Limited v. The Union of India

11 Aug 2021 · K.R. Shriram; Abhay Ahuja

The Bombay High Court held that amounts paid under the Income Declaration Scheme, 2016, must be credited or refunded if the declaration is deemed never made due to non-payment, and directed adjustment of such amounts under the Direct Tax Vivad Se Vishwas Act, 2020.

tax petition_allowed Significant Income Declaration Scheme 2016 Direct Tax Vivad Se Vishwas Act 2020 tax refund declaration deemed never made

Shri Sakharam Mahadev Jadhav v. State of Maharashtra

11 Aug 2021 · S.J. Kathawalla; Milind N. Jadhav

The Court held that since the Appropriate Authority applied for acquisition within one year of confirmation of the Purchase Notice under Section 49(7) MRTP Act, the land reservation has not lapsed and the petitioner is not entitled to building permission at this stage.

property petition_dismissed Significant Maharashtra Regional and Town Planning Act, 1966 Section 49 Purchase Notice Reservation lapsing Land acquisition

Ravindra Sudam Adhikari v. State of Maharashtra

11 Aug 2021 · S. S. Shinde; N. J. Jamadar

The Bombay High Court quashed an externment order for failure to disclose allegations and record required subjective satisfaction, upholding the petitioner's fundamental rights and principles of natural justice.

criminal petition_allowed Significant externment order Maharashtra Police Act Section 56 Section 59

Anaya Yogesh Patki v. State of Maharashtra

10 Aug 2021 · R.D. Dhanuka; R.I. Chagla

The Bombay High Court upheld the State Government's power to conduct an optional Common Entrance Test for 11th standard admissions amid the pandemic, dismissing challenges of arbitrariness and violation of fundamental rights.

constitutional petition_dismissed Significant Common Entrance Test Maharashtra Secondary and Higher Secondary Boards Act, 1965 Article 14 Article 21

Mohandas Isardas Chatlani v. ITO (International Taxation – 2 (1) (1))

10 Aug 2021 · K.R. Shriram; Abhay Ahuja

The Bombay High Court directed refund of wealth tax paid on commercial properties for assessment years without assessment orders, endorsing exemption under Section 2(ea) of the Wealth Tax Act, 1957, and rejecting the department's refusal based on absence of separate appeals.

tax petition_allowed Significant Wealth Tax Act 1957 Section 2(ea) commercial properties exemption refund of wealth tax

Shri Harishchandra Dhondiram Kalgude & Ors. v. Shri Suresh Maruti Mhaske & Ors.

10 Aug 2021 · Madhav J. Jamdar, J.

The Bombay High Court held that Section 92 CPC does not apply to public trusts governed by the Maharashtra Public Trusts Act, 1950, and suits relating to such trusts must be filed under Sections 50 and 51 of the Act with prior consent of the Charity Commissioner.

civil appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 92 CPC Section 50 Maharashtra Public Trusts Act Charity Commissioner

Rajesh Thomas Menzes v. The State of Maharashtra; David Fracis D’Souza

10 Aug 2021 · N.J. Jamadar
Cites 0 · Cited by 1

The High Court held that a court cannot review its own bail order on merits under Section 439(2) CrPC and quashed the cancellation of pre-arrest bail granted to the accused in a financial fraud case.

criminal appeal_allowed Significant pre-arrest bail cancellation of bail Section 439(2) CrPC Section 362 CrPC

Jet Privilege Private Limited v. Deputy Commissioner of Income Tax - 5 (2) (1)

09 Aug 2021 · K.R. Shriram; Abhay Ahuja

The Bombay High Court held that adjustment of income tax refund without prior intimation under Section 245 is illegal and directed refund with interest where stay of demand was in force.

tax petition_allowed Significant Section 245 Income Tax Act refund adjustment prior intimation stay of demand