High Court of Bombay

5,131 judgments

Year:

Ranjit Kumar Veeran v. Deputy Commissioner of Police Zone-XII

08 Jun 2021 · S. S. Shinde; Manish Pitale

The Bombay High Court quashed a two-year externment order against the petitioner for lack of nexus and inadequate reasons, protecting his fundamental rights and freedom of movement.

criminal petition_allowed Significant externment order nexus subjective satisfaction freedom of movement

Shri Jeetendra Ashok Bhosale v. The Divisional Commissioner

08 Jun 2021 · S. S. Shinde; Manish Pitale

The Bombay High Court quashed a two-year externment order for lack of a live link to offences and failure to record requisite reasons under the Maharashtra Police Act.

criminal petition_allowed Significant externment order Maharashtra Police Act Section 56(1)(a) and (b) live link

Jafar Khijar Sheikh v. The State of Maharashtra

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

The High Court acquitted appellants of murder charges due to unreliable eyewitness testimony, investigative lapses, and procedural non-compliance, emphasizing the necessity of credible evidence for conviction.

criminal appeal_allowed Significant eyewitness testimony single witness conviction Section 302 IPC Section 307 IPC

The Maharashtra State Market Committee Co-operative Federation Ltd. v. Union of India

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

The Bombay High Court held that Market Committees are entitled to levy market fees on purchases under the Price Support Scheme, rejecting the exemption claimed under PSS Guidelines and directing NAFED to pay outstanding fees.

administrative appeal_allowed Significant Market Fees APMC Act 1963 Price Support Scheme NAFED

Mainabai Lakshman Tanjave v. Aagatrao Dyanu Ghodake

01 Jun 2021 · Milind N. Jadhav
Cites 1 · Cited by 0

The High Court held that an amendment seeking declaratory title barred by limitation and altering the nature of an injunction suit is impermissible, but delay in impleading legal heirs may be condoned in the interest of justice.

civil appeal_partly_allowed Significant Order 6 Rule 17 CPC amendment of pleadings limitation declaratory relief

M/s. Amit Engineers v. Union of India

31 May 2021 · Sandeep V. Marne
Cites 1 · Cited by 16

The Bombay High Court set aside an arbitral award passed after undue delay and after the arbitrator's mandate had expired, emphasizing the necessity of timely awards and adherence to natural justice in arbitration proceedings.

commercial_arbitration petition_allowed Significant Arbitral Award Undue Delay Termination of Arbitrator's Mandate Section 34 Arbitration Act

Shah Nanji Nagsi Exports Pvt. Ltd. v. Joint Directorate General of Foreign Trade

21 May 2021 · Ujjal Bhuyan; Milind N. Jadhav

The High Court held that the adjudicating authority must decide on the legality of the 'actual user' condition in import licenses before imposing penalties and remanded the matter for fresh adjudication, setting aside prior orders.

administrative appeal_allowed Significant actual user condition tariff rate quota scheme Foreign Trade (Development and Regulation) Act, 1992 import license conditions

M/s. Khanvel Petroleum v. Commissioner of VAT, Dadra & Nagar Haveli

21 May 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that audit orders under section 58 of the Dadra and Nagar Haveli VAT Regulations are subject to the four-year limitation for assessment and reassessment, and quashed audit orders passed beyond limitation and without adherence to natural justice.

tax appeal_allowed Significant VAT audit limitation period section 58 VAT Regulations assessment and reassessment

M/s. Monopoly Innovations Pvt. Ltd. v. Union of India

21 May 2021 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court set aside the Commissioner's order upholding provisional attachment of the petitioner's bank accounts under the CGST Act for misclassification, directing a fresh reasoned consideration in accordance with law.

administrative appeal_allowed Significant provisional attachment section 83 CGST Act misclassification GST differential duty

Ramesh R. Pandey v. Municipal Corporation of Greater Mumbai

18 May 2021 · Milind N. Jadhav

The Bombay High Court dismissed the appellants' injunction plea, holding that payment of N.A. tax and unauthorized possession do not confer ownership or settled possession rights to restrain Municipal Corporation's lawful public toilet construction.

civil appeal_dismissed Significant Non-Agricultural tax settled possession encroachment injunction

Municipal Corporation of Greater Mumbai v. Nirmal Nagar 1 Co-operative Housing Society Association Ltd

18 May 2021 · Milind N. Jadhav

The Bombay High Court allowed the Municipal Corporation's appeal, holding that reconstruction of a public toilet on existing land under the Swachha Bharat Abhiyaan without NOC from MHADA was lawful, and the Plaintiff's ownership claim without documentary title was insufficient to restrain construction.

civil appeal_allowed Significant public toilet reconstruction Swachha Bharat Abhiyaan ownership title C.T.S. No. 418

Deepak Malani v. State of Maharashtra & Ors.

18 May 2021 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed a habeas corpus petition seeking execution of a US custody order, holding that foreign judgments cannot be executed via writ petition and custody matters must be decided by competent Indian courts considering the best interest of the children.

family petition_dismissed Significant habeas corpus foreign custody order execution of foreign judgment jurisdiction

Abhanga Samata Co-op. Housing Society Ltd. v. Parag; Arkade Developers Pvt. Ltd.

07 May 2021 · Sandeep K. Shinde J.

The Bombay High Court allowed the appeal and set aside the injunction restraining redevelopment of a cooperative housing society, holding that majority consent and substantial compliance with Section 79-A guidelines suffice and procedural irregularities do not vitiate the redevelopment process.

civil appeal_allowed Significant cooperative housing society redevelopment Section 79-A Maharashtra Co-operative Societies Act temporary injunction

Ajit Anant Desai v. State of Maharashtra

06 May 2021 · R. D. Dhanuka; V. G. Bisht
Cites 1 · Cited by 1

The Bombay High Court dismissed the petition seeking extension of the objection period to the provisional voters list, holding that procedural safeguards and notified timelines were adequate despite the COVID-19 lockdown.

administrative petition_dismissed provisional voters list election objections Maharashtra Co-operative Societies Rules 2014 identity verification

Sanjay Uttam Suryavanshi v. The State of Maharashtra

06 May 2021 · Prasanna B. Varale; Surendra P. Tavade
Cites 2 · Cited by 0

The Bombay High Court upheld the conviction of the husband for dowry-related murder and cruelty of his wife based on medical and circumstantial evidence, dismissing appeals by both parties.

criminal appeal_dismissed Significant homicidal death dowry demand cruelty Section 302 IPC

Vikram Vinay Bhave v. State of Maharashtra & Central Bureau of Investigation

06 May 2021 · S.S. Shinde; Manish Pitale
Cites 2 · Cited by 0

The Bombay High Court allowed bail to the appellant in the Dr. Dabholkar murder case, holding that the confessional statement under KCOC Act was inadmissible against him and the material did not establish a prima facie true accusation under UAPA, while emphasizing the constitutional right to speedy trial.

criminal appeal_allowed Significant bail UAPA confessional statement KCOC Act

Adarsh Dahisar Gaurav Co-op Housing Society Ltd. v. The Designated Officer

06 May 2021 · Prithviraj K. Chavan

The High Court upheld the demolition order of a dilapidated building by the Municipal Corporation, ruling that courts cannot interfere with technical assessments absent procedural irregularity or perversity.

administrative appeal_dismissed Significant Technical Advisory Committee structural audit C-1 category building Mumbai Municipal Corporation Act 1888

Balkrishna Appayya Shetty v. Hemant H. Thakkar

06 May 2021 · Prithviraj K. Chavan

The Bombay High Court held that a Court Receiver appointed by the High Court cannot be personally proceeded against without prior leave, quashing an application filed against him in a disposed suit with a pending appeal, and directed parties to pursue claims before the Debt Recovery Tribunal.

civil appeal_allowed Significant Court Receiver possession Debt Recovery Tribunal jurisdiction

M/s. Runwal Constructions v. Union of India

06 May 2021 · R. D. Dhanuka; V. G. Bisht
Cites 2 · Cited by 0

The Bombay High Court held that construction restrictions beyond the 100-meter Defence Act notified zone near Air Force Station Thane lack statutory authority, quashing the requirement of Defence NOC for such construction imposed by the Municipal Corporation.

property petition_allowed Significant Works of Defence Act, 1903 No Objection Certificate Defence Establishment restrictions Maharashtra Regional Town Planning Act, 1966

Raghavendra Anantrai Mehta v. State of Maharashtra & Ors.

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

The Bombay High Court held that excluding pre-1996 retired judicial officers from pension revision benefits is arbitrary and violates Article 14, directing uniform pension revision for all retirees.

constitutional petition_allowed Significant Article 14 pension revision arbitrariness classification