High Court of Bombay

5,061 judgments

Year:

Sunaina Holey v. State of Maharashtra

05 May 2021 · S. S. Shinde; M. S. Karnik

The Bombay High Court quashed an FIR under Section 153A IPC against a petitioner for reposting a tweet, holding that the tweet did not prima facie promote enmity between communities and was protected free speech.

criminal petition_allowed Significant Section 153A IPC Freedom of speech Quashing FIR Social media

O.K. Marine v. Oil And Natural Gas Corporation Ltd. and Ors.

05 May 2021 · S.C. Gupte; M.S. Karnik

The Bombay High Court upheld ONGC's rejection of a bidder's commercial bid due to a probable undisclosed agreement with a related bidder, affirming that acceptance of a technical bid does not guarantee opening of the commercial bid if disqualification grounds exist.

administrative petition_dismissed Significant Integrity Pact undisclosed agreement cartelization tender process

Deepak S. Kavadiya v. Additional Divisional Commissioner, Konkan Division

05 May 2021 · Sandeep V. Marne

The High Court held that the Competent Authority has jurisdiction under Section 24 of the Maharashtra Rent Control Act to evict a licensee only if the license was granted for residential purposes, and that unregistered license agreements do not conclusively favor the licensee if the landlord disproves the tenant's version.

civil appeal_allowed Significant Maharashtra Rent Control Act, 1999 Section 24 jurisdiction license agreement residential vs commercial use

M/s. Satish K. Narang & Co. v. Jamnadas Morarje Secs. Ltd.

04 May 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court held that the limitation period prescribed by the 1998 amendment to Bombay Stock Exchange bye-laws applies prospectively to arbitration claims, dismissing the appellant’s claim as time-barred since no arbitration was initiated before the amendment.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Limitation Act, 1963 Statutory arbitration Bye-law 252(2) Bombay Stock Exchange

Percy Jamshed Driver v. State of Maharashtra

04 May 2021 · S.J. Kathawalla; Milind N. Jadhav

The Bombay High Court set aside forest department communications recommending withdrawal of a restoration order, directing formal Central Government approval under the Forest (Conservation) Act, 1980 to be considered before any dereservation or transfer of forest land.

administrative petition_allowed Significant Forest (Conservation) Act, 1980 Maharashtra Private Forest (Acquisition) Act, 1975 restoration order in-principle approval

Ashok-stambh Nashik v. Ramesh Mahadu Bhagvat

30 Apr 2021 · Sandeep K. Shinde

The High Court held that a decree must conform to the judgment and can be corrected under Sections 151 and 152 CPC to reflect the actual tenanted area as determined by the courts, allowing the landlords' petition for correction of the eviction decree.

civil petition_allowed Significant decree correction Section 151 CPC Section 152 CPC harmonizing decree with judgment

Edyma Siregar v. V. V. Satardekar & The State of Maharashtra

30 Apr 2021 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction under the NDPS Act, ruling that search and seizure at an airport aerobridge is governed by Section 43, not Section 42, and that procedural non-compliance with Section 42(2) and Section 50 does not vitiate the prosecution.

criminal appeal_dismissed Significant NDPS Act Section 42(2) Section 43 Section 50

Ashok Dhondiram Dhavale v. The State of Maharashtra

30 Apr 2021 · Sadhana S. Jadhav; N. R. Borkar

The Bombay High Court upheld the conviction of Ashok Dhavale for the murder of his lover's mother and sisters based on circumstantial evidence and his information leading to discovery of the bodies, rejecting claims of investigative lapses and insufficient proof.

criminal appeal_dismissed Significant Section 302 IPC Section 201 IPC Section 27 Indian Evidence Act circumstantial evidence

Greatship (India) Ltd. v. State of Maharashtra

30 Apr 2021 · Ujjal Bhuyan; Milind N. Jadhav

Assessment orders purportedly passed beyond limitation and served electronically without proper communication are invalid and liable to be quashed under Article 226 of the Constitution.

tax petition_allowed Significant assessment order limitation period Maharashtra Value Added Tax Act, 2002 Central Sales Tax Act, 1956

Jatin Pratap Desai v. A.C. Chokshi Share Broker Private Limited

29 Apr 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court held that an Arbitral Tribunal under Stock Exchange Bye-laws lacks jurisdiction to adjudicate disputes against a non-signatory based on alleged oral guarantees outside the arbitration agreement, setting aside the award against the appellant.

civil appeal_allowed Significant Arbitral jurisdiction Stock Exchange Bye-laws SEBI guidelines Joint and several liability

M/s. Dreams Construction Private Limited v. Shri Ravindra Manohar Kulkarni

29 Apr 2021 · Prithviraj K. Chavan

The Bombay High Court dismissed the appeal seeking specific performance of a sale agreement, holding the plaintiff failed to prove continuous readiness and willingness to perform the contract within the stipulated time.

civil appeal_dismissed Significant specific performance readiness and willingness Section 16(c) Specific Relief Act time essence of contract

Mahendra P. Dholakia v. The State of Maharashtra & Ors.

29 Apr 2021 · S. S. Shinde; Manish Pitale

The Bombay High Court held that a second complaint on identical allegations pending inquiry is not maintainable, quashing the FIR and charge-sheet registered on such complaint.

criminal petition_allowed Significant second complaint maintainability Section 156(3) Cr.P.C. FIR quashing

Hanuman Nagar (Jogeshwari) SRA CHS v. M/s. Kanchi Builders & Developers

29 Apr 2021 · S.J. Kathawalla; R.I. Chagla

The Bombay High Court upheld termination of defaulting developers in a slum rehabilitation project, emphasizing the society's right to change developers and the need for authorities to impose safeguards when granting extensions.

administrative petition_allowed Significant Slum Rehabilitation Scheme Developer termination Slum Rehabilitation Authority Regulation 33(10) DCR

Dhavalkumar Arun Dombe v. The State of Maharashtra

28 Apr 2021 · Bharati Dangre
Cites 1 · Cited by 0

The High Court acquitted the appellant of abetment of suicide and cruelty charges, holding that the dying declaration recorded by the Executive Magistrate was reliable and the prosecution failed to prove its case beyond reasonable doubt.

criminal appeal_allowed Significant dying declaration abetment of suicide Section 306 IPC Section 498-A IPC

Ankit Vijaykumar Khandelwal v. Aarti Rajkumar Khandelwal

28 Apr 2021 · Anuja Prabhudessai

The Bombay High Court held that a broadly worded arbitration clause in a partnership deed survives dissolution of the partnership and mandates referral of disputes to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

civil appeal_allowed Significant arbitration clause partnership dissolution Section 8 Arbitration Act separability doctrine

Maruti Jaywant Shinde v. Smt. Shantabai Baburao Gotharne & Ors.

28 Apr 2021 · Anuja Prabhudessai

The High Court held that the Maharashtra Revenue Tribunal exceeded its revisional jurisdiction by overturning concurrent findings of fact regarding tenancy possession, restoring the petitioner’s status as deemed purchaser under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 76 revisional jurisdiction deemed purchaser possession on Tillers day

Bhupendra Harilal Mehta v. Principal Commissioner of Income Tax

27 Apr 2021 · Sunil P. Deshmukh; Abhay Ahuja

The Bombay High Court held that a taxpayer whose assessment is a scrutiny assessment based on information from searches on other entities but not subjected to search himself cannot be treated as a 'search case' under the Direct Tax Vivad Se Vishwas Act, and thus is liable to pay only 100% of disputed tax.

tax appeal_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 search case scrutiny assessment Section 132 Income Tax Act

Ganesh Benzoplast Limited v. Morgan Securities Credits Private Limited

26 Apr 2021 · A. S. Gadkari

The High Court upheld issuance of process for criminal breach of trust and cheating against a company and its directors, rejecting arbitration and delay defenses, and clarified principles of corporate criminal liability.

criminal appeal_allowed Significant criminal breach of trust cheating pledge agreement inter corporate deposit

Ganesh Devidas Shinde v. The State of Maharashtra

23 Apr 2021 · Prasanna B. Varale; S.M. Modak
Cites 1 · Cited by 0

The Bombay High Court upheld convictions for kidnapping and extortion under IPC and MCOC Act despite minor procedural errors, emphasizing fair trial rights and reliability of eyewitness evidence in organized crime cases.

criminal appeal_dismissed Significant abduction extortion ransom MCOC Act

Abhijit s/o. Baban Pawar v. State of Maharashtra & others

22 Apr 2021 · S.S. Shinde; Manish Pitale

The Bombay High Court held that rejection of Covid-19 parole applications solely due to prior non-release is unsustainable and directed fresh consideration on merits considering pandemic conditions.

criminal petition_allowed Significant Covid-19 parole furlough prison authorities mechanical rejection