High Court of Bombay

5,131 judgments

Year:

Sandip Thorat v. The State of Maharashtra

22 Jul 2021 · R.D. Dhanuka; R.I. Chagla

The Bombay High Court held that transfers of Assistant Teachers from unaided to aided posts within the same school and management with permanent approval must be sanctioned on 100% grant-in-aid basis with arrears, overruling partial grant approvals based on graduated formulas.

administrative appeal_allowed Significant Assistant Teacher unaided post aided post transfer

Barku Govind Walve & Ors. v. The State of Maharashtra & Ors.

19 Jul 2021 · Sandeep V. Marne

The Bombay High Court held that once watan land is regranted to the authorized holder under the Maharashtra Inferior Village Watans Abolition Act, 1959, unauthorized holders cannot claim regrant under Section 9, and delay in passing the order was not a ground to set aside the decision.

property petition_dismissed Significant Maharashtra Inferior Village Watans Abolition Act, 1959 Section 9 regrant authorized holder unauthorized holder

Pravin Sheshdhar Mishra @ Sachin v. The State of Maharashtra

16 Jul 2021 · Sadhana S. Jadhav; N.R. Borkar

The Bombay High Court upheld the appellants' convictions for murder, affirming the reliability of eyewitness identification and the validity of the test identification parade despite minor procedural irregularities.

criminal appeal_dismissed Significant eyewitness identification test identification parade Section 302 IPC ballistic evidence

Vijay Kashinath Goradkar v. The State of Maharashtra

16 Jul 2021 · Revati Mohite Dere

The Bombay High Court held that RTO cannot detain a vehicle under Section 207(1) of the Motor Vehicles Act merely due to ownership disputes or failure to produce documents when fines are payable, and ordered release of the vehicle with compensation for illegal detention.

administrative appeal_allowed Significant Motor Vehicles Act, 1988 Section 207(1) Vehicle detention Ownership dispute

Shital Kumar Patil v. State of Maharashtra

16 Jul 2021 · R.D. Dhanuka; R.I. Chagla

The Bombay High Court held that minority educational institutions are exempt from certain state staffing regulations and directed approval of petitioners' appointments as peons, quashing the Education Officer's rejection orders.

administrative appeal_allowed Significant minority educational institution appointment approval Government Resolution Maharashtra Employees of Private Schools Act

Shriram Sahakari Dudh Utpadak Sanstha Maryadit v. State of Maharashtra

16 Jul 2021 · R. D. Dhanuka; Abhay Ahuja

The Bombay High Court upheld the Election Authority's refusal to extend the cut-off date for voter eligibility in a postponed co-operative society election, affirming the statutory framework and discretionary powers governing election processes.

administrative appeal_dismissed Significant Co-operative Societies Election Cut-off Date Maharashtra Co-operative Societies Act, 1960 Election Authority

Mariyayi Macchimaar Sahkari Sanstha Maryadit v. Department of Fisheries, Maharashtra

16 Jul 2021 · S.J. Kathawalla; Milind Jadhav

The Bombay High Court recognized the customary fishing rights of traditional fishermen in Thane Creek, held that the Thane Creek Bridge III project would adversely affect these rights, and directed the framing of a state-wide compensation policy to protect such customary livelihoods impacted by infrastructure projects.

administrative petition_allowed Significant customary rights fishing rights Thane Creek compensation policy

Hindustan Petroleum Corporation Ltd. v. Om Constraction-Nice Projects Ltd. JV

16 Jul 2021 · Sandeep V. Marne

The Bombay High Court upheld an arbitral award dismissing the Petitioner’s challenge based on alleged fraud and jurisdictional objections related to CIRP of a JV partner, affirming the tribunal’s jurisdiction and rejecting claims of bias and procedural irregularities.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 petition Corporate Insolvency Resolution Process Joint Venture

Anil Ramchandra Orape v. The State of Maharashtra

15 Jul 2021 · Bharati Dangre

The Bombay High Court upheld the conviction of a Health Inspector for accepting a bribe, affirming that proof of acceptance of gratification triggers a presumption of guilt under the Prevention of Corruption Act which cannot be rebutted by mere claims of ignorance.

criminal appeal_dismissed Significant Prevention of Corruption Act Section 7 PC Act Section 13(1)(d) PC Act bribery

Nayna Rajan Guhagarkar v. The State of Maharashtra

13 Jul 2021 · Revati Mohite Dere

The Bombay High Court held that recalling witnesses under Section 311 Cr.P.C. after close of evidence and arguments to fill gaps in prosecution evidence is impermissible and quashed such an order.

criminal petition_allowed Significant Section 311 Cr.P.C. recall of witnesses filling lacunae in evidence Prevention of Corruption Act

State of Maharashtra v. Omprakash Baburao Kamdi & Ors.

09 Jul 2021 · A. A. Sayed; Madhav J. Jamdar

The Bombay High Court held that district courts where the complainant banks operate have jurisdiction to try criminal breach of trust cases despite financial transactions routed through Mumbai, dismissing applications for transfer to Mumbai courts.

criminal appeal_dismissed Significant jurisdiction criminal misappropriation criminal breach of trust section 181(4) Cr.P.C.

Cooperative Rabobank U A v. Commissioner of Income Tax (IT)

07 Jul 2021 · Sunil P. Deshmukh; Abhay Ahuja

The Bombay High Court held that the pending appeal before the ITAT is a Revenue appeal, entitling the petitioner to pay only 50% of the disputed tax under the Direct Tax Vivad Se Vishwas Scheme, 2020, and quashed the demand for 100% payment.

tax petition_allowed Significant Direct Tax Vivad Se Vishwas Scheme, 2020 Revenue appeal Assessee appeal Income Tax Appellate Tribunal

Laxman Babulal Rajput; Prakash Babulal Rajput; Harisingh Babulal Rajput v. The State of Maharashtra

03 Jul 2021 · Prasanna B. Varale; Surendra P. Tavade

The Bombay High Court upheld the conviction of appellants for murder and related offences based on credible sole eye-witness testimony corroborated by medical and circumstantial evidence.

criminal appeal_dismissed Significant sole eye-witness testimony unlawful assembly Section 302 IPC identification of accused

Brightland Co-operative Housing Society Ltd. v. The Divisional Joint Registrar, Co-op. Societies

03 Jul 2021 · N. J. Jamadar

The court upheld the order directing admission of purchasers as society members under the deeming fiction of Section 22(2), holding that disputed dues cannot bar membership without due process.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 22(2) membership admission deemed membership

Abdul Rauf Dawood Merchant v. State of Maharashtra

01 Jul 2021 · Sadhana S. Jadhav; N. R. Borkar

The Bombay High Court upheld the conviction of Abdul Rauf Dawood Merchant for the murder of Gulshan Kumar based on reliable eyewitness identification and conspiracy evidence, while acquitting him of robbery charges due to lack of material.

criminal appeal_partly_allowed Significant eyewitness identification test identification parade criminal conspiracy murder

The State of Maharashtra v. Srirang Dagaduji Bale

30 Jun 2021 · K.R. Shriram
Cites 1 · Cited by 0

The Bombay High Court upheld the acquittal of a public servant accused of corruption, holding that mere recovery of marked currency without proof of demand and acceptance of bribe is insufficient for conviction under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 7 offence Section 13(1)(d) offence demand of illegal gratification

Raniben Khimji Patel v. Assistant Commissioner of Income Tax

30 Jun 2021 · K.R. Shriram; N. J. Jamadar

The Bombay High Court held that a reopening notice under Section 148 of the Income Tax Act issued in the name of a deceased person is null and void, quashing such notices issued posthumously.

tax petition_allowed Significant Section 148 Income Tax Act Notice to deceased assessee Reopening of assessment Legal heir

Prithviraj Enterprises v. State of Maharashtra

28 Jun 2021 · S.C. Gupte; M. S. Karnik

The Bombay High Court upheld the State Government's policy prescribing eligibility criteria for transportation contracts under the Public Distribution System, dismissing challenges of arbitrariness and violation of statutory rights.

administrative petition_dismissed Significant Government Resolution Public Distribution System Transportation contracts Tender conditions

Vinodi Gudakesh Saxena v. Sandip Sundar Shetty

25 Jun 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of the accused in a case of alleged matrimonial cruelty and abetment of suicide, holding that prosecution failed to prove requisite cruelty or intentional abetment beyond reasonable doubt.

criminal appeal_dismissed Significant Section 498A IPC Section 306 IPC Cruelty Abetment of suicide

National Co-operative Consumer’s Federation of India Limited v. Mirah Dekor Pvt. Ltd

25 Jun 2021 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court upheld an arbitral award directing payment of TDS amounts credited to the Federation to Mirah, rejecting limitation and necessary party objections and emphasizing limited interference under Section 34.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Tax Deducted at Source (TDS) Income-Tax Act, 1961