High Court of Bombay

5,131 judgments

Year:

M. Ramzan & Co. v. Union of India

22 Jun 2021 · Sunil P. Deshmukh; Abhay Ahuja

The Bombay High Court held that service tax deposits made after show cause notice but before adjudication must be adjusted under the Sabka Vishwas Scheme, directing re-verification to prevent double taxation.

tax petition_allowed Significant Sabka Vishwas Scheme service tax show cause notice tax deposit adjustment

Hasina Mohamed Shafik Laljee & Ors. v. Fatima Correa Nee Fatima Yakubali

22 Jun 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court upheld an arbitral award granting the respondent a 51% share in the profits and assets of a dissolved partnership firm, affirming the rights of legal heirs under the Indian Partnership Act and rejecting the appellants' limitation and ownership claims.

civil appeal_dismissed Significant Partnership dissolution Legal heirs Partnership assets Section 37 Indian Partnership Act

Duncan Engineering Ltd. v. Ajay C. Shelke

21 Jun 2021 · Anuja Prabhudessai

The Court held that dismissal of workmen without mandatory approval under Section 33(2)(b) of the Industrial Disputes Act is void ab initio, entitling reinstatement with continuity of service and back wages.

labor appeal_dismissed Landmark Industrial Disputes Act, 1947 Section 33(2)(b) Section 33A dismissal of workmen

Sheela Ram Vidhani & Ors. v. M/s S. K. Trading Company & Ors.

19 Jun 2021 · S. J. Kathawalla; Vinay Joshi

The Bombay High Court held that a plaint can be rejected against some defendants, but the plaint disclosed sufficient cause of action against tenants for refund of earnest money, thus setting aside the rejection order and allowing the suit to proceed against them.

civil appeal_allowed Significant Order VII Rule 11(a) cause of action specific performance refund of earnest money

Lata Shivram Anklu v. The State of Maharashtra

19 Jun 2021 · Prasanna B. Varale; Surendra P. Tavade

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC based on reliable dying declarations and absence of intent to kill.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 304 Part II IPC intention to kill

Karnaram Lumbaji Choudhary v. Union of India

19 Jun 2021 · S.S. Shinde; N.J. Jamadar

The Bombay High Court dismissed the pre-execution challenge to a COFEPOSA detention order on the ground that delay caused by the petitioner’s evasion does not sever the live link between the order and its preventive purpose.

criminal petition_dismissed Significant preventive detention COFEPOSA Act pre-execution challenge delay in execution

Vijay Rajendraa Patilr v. Commissioner of Police, Nashik and Ors.

19 Jun 2021 · S. S. Shinde; N. J. Jamadar

The Bombay High Court upheld a preventive detention order under the MPDA Act against a petitioner in judicial custody, holding that the detaining authority's subjective satisfaction based on cogent material about the likelihood of bail and future prejudicial acts was justified.

criminal petition_dismissed Significant preventive detention MPDA Act judicial custody bail orders

Farukh Abdul Raheman Shaikh v. The State of Maharashtra

18 Jun 2021 · Revati Mohite Dere

The Bombay High Court upheld the conviction for rape under Section 376 IPC based on credible testimony of an intellectually challenged victim corroborated by medical and forensic evidence, rejecting the appellant's claim for a lesser offence.

criminal appeal_dismissed Significant Section 376 IPC rape intellectually challenged victim sexual assault

Weber Hydraulics India Pvt. Ltd. v. Union of India

18 Jun 2021 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court held that disputed tax under the VSV Act must be calculated after giving effect to rectification orders under Section 154 of the Income Tax Act, directing reissuance of Form No.3 accordingly.

tax petition_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 Section 154 Income Tax Act rectification order Form No.3 certificate

Dharmendra M. Jani v. The Union of India

16 Jun 2021 · G. S. Kulkarni
Cites 1 · Cited by 2

The Bombay High Court upheld the constitutional validity of Section 13(8)(b) of the IGST Act, ruling that intermediary services provided in India to foreign principals are taxable in India, and the Parliament has competence to determine place of supply rules under Articles 246A and 269A.

tax appeal_dismissed Significant Integrated Goods and Services Tax Act, 2017 Section 13(8)(b) intermediary services place of supply

Maharashtra Public Service Commission v. Vast India Pvt. Ltd.

16 Jun 2021 · SOMASEKHAR SUNDARESAN

The Bombay High Court upheld an arbitral award in favor of a small enterprise, ruling that statutory timelines under the MSME Act and Arbitration Act are directory and that a belated counter-claim can be rejected without invalidating the award.

commercial_arbitration petition_dismissed Significant MSME Act Arbitration and Conciliation Act, 1996 Section 18(5) MSME Act Section 29-A Arbitration Act

Sachin Namdev Wadgaye v. Maharashtra Housing Area and Development Authority & Ors.

15 Jun 2021 · Nitin Jamdar, ACJ; Sandeep V. Marne, J.
Cites 4 · Cited by 0

The Bombay High Court upheld the promotion of Respondent No.3 as Chief ICT Officer based on merit-cum-seniority, rejecting the petitioner’s challenge to the recruitment rules and alleged suppression of vigilance reports.

administrative petition_dismissed Significant merit-cum-seniority promotion Departmental Promotion Committee recruitment rules

Bhagwan Narayan Gaikwad v. The State of Maharashtra

10 Jun 2021 · Sadhana S. Jadhav; N. R. Borkar

The Bombay High Court upheld conviction under Section 326 IPC for grievous assault causing permanent disability, acquitted some accused for lack of evidence, and modified the sentence with compensation to the victim.

criminal appeal_partly_allowed Significant Section 326 IPC grievous hurt political rivalry identification of accused

Akbar Khan Ajmer Khan v. State of Maharashtra

10 Jun 2021 · Sadhana S. Jadhav; N.R. Borkar
Cites 3 · Cited by 0

The Bombay High Court upheld the murder conviction of an army personnel tried by a criminal court for an offence committed off active service, acquitting the co-accused for lack of evidence.

criminal appeal_partly_allowed Significant murder circumstantial evidence Army Act 1950 active service

Rishi Prabha Ranjitkumar Prasad v. The State of Maharashtra & Ors.

10 Jun 2021 · S. S. Shinde; N. R. Borkar

The Bombay High Court refused to quash an FIR and charge sheet involving child cruelty and trafficking under the Juvenile Justice Act and IPC, holding that serious offences against children cannot be compromised or quashed on the basis of alleged amicable settlement.

criminal petition_dismissed Significant Juvenile Justice Act quashing FIR Section 370 IPC child cruelty

Dharmendra M. Jani v. Union of India and others

09 Jun 2021 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court upheld the constitutional validity of IGST Act provisions taxing intermediary export services as intra-state supply, dismissing the challenge that such levy violates GST principles and constitutional provisions.

tax petition_dismissed Significant Integrated Goods and Services Tax Act, 2017 Section 13(8)(b) Section 8(2) export of services

Anil Krishnarao Apashingkar v. The State of Maharashtra

09 Jun 2021 · Prakash D. Naik
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellant in a corruption case due to failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt and improper handling of tape-recorded evidence.

criminal appeal_allowed Significant Prevention of Corruption Act bribery demand of bribe tape-recorded evidence

Bhagwan Shankar Bhalerao v. State of Maharashtra & Ors.

09 Jun 2021 · S.J. Kathawalla; Surendra P. Tavade

The Bombay High Court held that a Standing Committee Chairman's tenure ends with his membership, and the Committee retains the right to appoint a new Chairman despite election postponements due to Covid-19 lockdown orders.

administrative appeal_dismissed Significant Standing Committee Chairman tenure Maharashtra Municipal Corporations Act, 1949 Section 20

UPL Limited v. Standard Chartered Bank

08 Jun 2021 · N. J. Jamadar

The court held that a bank must exercise reasonable care in scrutinizing documents under a letter of credit and held the defendant bank liable for negligent payment on discrepant documents, entitling the plaintiff to recover damages.

commercial appeal_allowed Significant letter of credit UCP 500 negligence documentary credit

Shri Anandra Vithoba Adsul v. State of Maharashtra

08 Jun 2021 · R. D. Dhanuka; V. G. Bisht
Cites 2 · Cited by 0

The Bombay High Court upheld the caste validity certificate issued to Respondent No. 3 as belonging to the Scheduled Caste "Mochi," dismissing challenges based on alleged document forgery and affirming limited judicial review over caste scrutiny committee decisions.

administrative appeal_dismissed Significant caste certificate Scheduled Caste Mochi caste caste validity certificate