High Court of Bombay

5,061 judgments

Year:

Sandesh Mahadev Lavnde & Ors. v. Collector, Mumbai – Suburban District & Ors.

07 Apr 2021 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court dismissed the petition challenging demolition of hutments on reserved forest land within mangrove buffer zone, holding petitioners were not protected occupiers under the Maharashtra Slums Act and demolition was lawful.

constitutional petition_dismissed Significant protected occupier Maharashtra Slums Act reserved forest mangrove buffer zone

Sachin Ramchandra Teke v. The State of Maharashtra

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

The High Court acquitted the accused in a dowry death case, holding that the prosecution failed to prove murder or dowry harassment beyond reasonable doubt, and that the death was a suicide rebutting the presumption under section 113B of the Indian Evidence Act.

criminal appeal_allowed Significant dowry death section 113B Indian Evidence Act suicide vs homicide asphyxia due to hanging

Raman Roadways Private Limited v. State of Maharashtra & Ors

06 Apr 2021 · K.K. Tated; R.I. Chagla

The Bombay High Court held that statutory motor vehicle tax dues on vehicles sold in liquidation are recoverable only through the IBC process and ordered transfer of ownership to the auction purchaser without payment of outstanding tax demanded outside the insolvency framework.

administrative appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Motor Vehicles Taxation Liquidation Statutory dues

Sanjay G. Gharat v. Kalyan Dombivali Municipal Corporation & State of Maharashtra

06 Apr 2021 · K.K. Tated; Abhay Ahuja

The Bombay High Court held that only the State Government, as appointing authority under Section 39-A of the MMC Act, can suspend or initiate disciplinary proceedings against an Additional Municipal Commissioner, quashing the Corporation's suspension and inquiry orders against the petitioner.

administrative petition_allowed Significant Additional Municipal Commissioner Maharashtra Municipal Corporations Act Section 39-A appointing authority

Gurmeet Singh v. State of Maharashtra

06 Apr 2021 · Revati Mohite Dere
Cites 2 · Cited by 0

The Bombay High Court acquitted appellants in an NDPS case due to non-compliance with the mandatory proviso to Section 42(1) requiring recorded grounds for search conducted after sunset without authorization.

criminal appeal_allowed Significant NDPS Act Section 42 proviso search and seizure authorization for search

Chetan Suryakant Katkar & Ors. v. Union of India & Ors.

06 Apr 2021 · S.V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 0 · Cited by 4

The Bombay High Court held that mere selection in a recruitment process does not confer a right to appointment and upheld the bank's policy decision to outsource housekeeping services and abolish Part Time Sub-Staff posts.

labor petition_dismissed Significant Part Time Sub-Staff Memorandum of Settlement Recruitment process Selection list

Aareshi Mohammed Khaja Pasha @ Arisa Yunus Radde v. The State of Maharashtra

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

The Bombay High Court refused to quash an FIR alleging cheating and conspiracy in a car sale, emphasizing the need for thorough investigation before granting relief.

criminal petition_dismissed Section 420 IPC Section 34 IPC cheating conspiracy

Yash @ Gotya Pandurang Mane v. State of Maharashtra & Amol Shrirang Bansode

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

The Bombay High Court dismissed the appellant's bail plea in a murder case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, holding that prima facie evidence and eyewitness identification justified denial of bail.

criminal appeal_dismissed bail Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 302 IPC eyewitness identification

ABC v. The State of Maharashtra

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

The Bombay High Court dismissed the appellant's bail plea in a sexual assault case involving a minor, holding that consent is immaterial under the POCSO Act and criminal proceedings should not be quashed under Section 482 Cr.P.C.

criminal appeal_dismissed Significant POCSO Act sexual assault minor victim consent immaterial

Dastgir Gafur Shaha v. State of Maharashtra

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

The Bombay High Court held that a convict who has served the requisite imprisonment period is entitled to furlough as a matter of right, and prior non-release on furlough or parole cannot be a ground to deny it.

criminal appeal_allowed Significant furlough parole Prisons (Bombay Furlough and Parole) Rules, 1959 convict rights

ABC v. State of Maharashtra

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

The Bombay High Court rejected the petition to quash an FIR for rape and forced miscarriage, holding that serious offences cannot be quashed merely on the basis of compromise between victim and accused.

criminal petition_dismissed Significant quashing of FIR Section 376 IPC Section 313 IPC rape

Archana Singh v. The State of Maharashtra

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

The Bombay High Court allowed a writ petition directing release of a life convict on furlough under stringent conditions, holding that vague reasons are insufficient to deny furlough when eligibility criteria are met.

criminal appeal_allowed Significant furlough life imprisonment Prisons (Bombay Furlough and Parole) Rules, 1959 Section 302 IPC

The State of Maharashtra v. Central Bureau of Investigation

05 Apr 2021 · Nitin Jamdar; Sarang V. Kotwal

The Bombay High Court dismissed the State of Maharashtra's petition seeking to withdraw a CBI investigation into alleged corruption involving the ex-Home Minister, holding that allegations of bias against the CBI Director were unsubstantiated and the investigation shall continue without interference.

criminal petition_dismissed Significant Special Investigation Team CBI investigation bias and malafides Maharashtra Police Act Section 4

Ashu Khurana Dutt v. Aneesha Ashu Dutt

01 Apr 2021 · S.C. GUPTE

The Bombay High Court dismissed a guardianship petition for lack of jurisdiction, holding that guardianship of minors’ person and related property matters lie exclusively before the Family Courts under the Family Courts Act, 1984.

family petition_dismissed Significant guardianship Family Courts Act, 1984 Hindu Minority and Guardianship Act, 1956 Guardians and Wards Act, 1890

Vidyadhar Mokal & Ors. v. State of Maharashtra & Anr.

01 Apr 2021 · S.S. Shinde; M.S. Karnik

The Bombay High Court struck down the requirement that the CEO must seek the Guardian Minister's advice before appointing Gram Panchayat administrators, holding it unconstitutional as it undermines free and fair elections.

constitutional petition_allowed Significant Maharashtra Village Panchayats Act, 1959 Section 151 amendment Government Resolution 13th July 2020 Guardian Minister

Naval Ashok Agarwal v. The State of Maharashtra

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

The Bombay High Court quashed the FIR against the petitioner in a matrimonial dispute due to vague and non-specific allegations lacking prima facie offence, exercising inherent powers under Section 482 CrPC and Article 226.

criminal petition_allowed Significant quashing of FIR Section 482 CrPC Article 226 Constitution matrimonial dispute

Sau. Durgeshwari Rajesh Kale v. State of Maharashtra & Ors.

01 Apr 2021 · S. S. Shinde; M. S. Karnik

The Bombay High Court upheld the constitutional validity of appointing government officials as Administrators over Village Panchayats during the COVID-19 induced election postponement, rejecting continuation of expired elected bodies.

constitutional petition_dismissed Significant Article 243E Village Panchayat Administrator appointment Maharashtra Ordinance No. X of 2020

Rajiv Saxena v. Commissioner Income Tax (IT)-4

01 Apr 2021 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court upheld the transfer of the petitioner’s income tax assessment case from Mumbai to Delhi under Section 127 of the Income Tax Act, holding that the petitioner was given reasonable opportunity to be heard and no breach of natural justice occurred.

tax petition_dismissed Significant Section 127 Income Tax Act transfer of assessment case principles of natural justice reasonable opportunity of hearing

Akshay D. Thakkar v. Kotak Mahindra Bank Limited & Ors.

31 Mar 2021 · S.J. Kathawalla; Prithviraj K. Chavan

The court held that an insolvent must discharge debts of all creditors, including those holding recovery certificates from the DRT, to annul insolvency adjudication, and suppression of such creditor claims justifies recall of annulment.

insolvency appeal_dismissed Significant Insolvency Act Presidency Towns Insolvency Act, 1909 Section 21 annulment creditor definition

Anuj Kumar Arun Thakur and Ors. v. The State of Maharashtra

31 Mar 2021 · S.S. Shinde; Manish Pitale

The Bombay High Court quashed a criminal case under Sections 420 and 34 IPC based on an amicable settlement and consent of complainants in a dispute of predominantly civil nature.

criminal appeal_allowed Significant quashing of FIR Section 420 IPC Section 34 IPC inherent powers