High Court of Bombay

5,061 judgments

Year:

Keshu Shankarlal Giri & Ors. v. Union of India

23 Mar 2021 · Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal and directed compensation to the dependants of a deceased bona fide railway passenger, holding that strict liability under section 124-A of the Railways Act applies and the incident was an untoward incident.

civil appeal_allowed Significant Railways Act 1989 Section 124-A strict liability untoward incident

Jayashree Suresh Gharat & Ors. v. Union of India

23 Mar 2021 · Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal and held that under the strict liability principle of the Railways Act, the railway must compensate dependants of a deceased bona fide passenger who died in an untoward incident, rejecting the claim that the deceased was a trespasser.

civil appeal_allowed Significant Railways Act, 1989 Section 124-A strict liability untoward incident

Arvind Arjun Kamble, Arjun Maruti Kamble & Tajjudin Mohammed Mujawar v. The State of Maharashtra

23 Mar 2021 · Sadhana S. Jadhav; N. R. Borkar

The Bombay High Court acquitted appellants of murder charges due to prosecution's failure to prove intent and reliance on a doubtful dying declaration.

criminal appeal_allowed Significant murder dying declaration self-defense injuries on accused

Rekha Dilip Sapkale v. Union of India

23 Mar 2021 · Prithviraj K. Chavan

The Bombay High Court allowed the appeal and awarded compensation to the dependant of a deceased bona fide passenger who accidentally fell from a running train, emphasizing a liberal interpretation of the Railways Act's provisions on 'untoward incidents'.

civil appeal_allowed Significant Railways Act 1989 untoward incident accidental falling from train compensation

Madhuri Sameer Gokhale v. The Addl. Joint/Deputy/Asst. Commissioner of Income Tax

23 Mar 2021 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 1

The Bombay High Court quashed the faceless best judgment assessment order and demand notice for AY 2014-15 due to jurisdictional defects and breach of natural justice under Section 144B of the Income Tax Act.

tax petition_allowed Significant Income Tax Act 1961 Section 147 Section 144B Faceless Assessment

Noor Kabirdin Meghani & Ors. v. Sanjeev Manuel D’Souza

22 Mar 2021 · Sandeep K. Shinde

The Bombay High Court quashed the trial court's order allowing amendment of the plaint after trial commencement, holding that the amendment was an afterthought and not based on subsequent events, thus protecting the petitioners from an impermissible amendment in an eviction suit.

civil petition_allowed Significant Order 6 Rule 17 CPC amendment of plaint Maharashtra Rent Control Act sub-letting

ABC v. State of Maharashtra

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

The Bombay High Court allowed medical termination of pregnancy beyond twenty weeks for a minor rape victim with mental disability, directing preservation of forensic evidence and compensation under victim schemes.

criminal petition_allowed Significant medical termination of pregnancy rape minor mental disability

Illiyas Gulab Shaikh v. The State of Maharashtra

19 Mar 2021 · S. S. Shinde; Manish Pitale
Cites 1 · Cited by 0

The Bombay High Court set aside a detention order due to inordinate delay in considering the detenue's representation, emphasizing the constitutional mandate for prompt disposal under Article 22.

constitutional appeal_allowed Significant preventive detention representation delay Article 22 personal liberty

Pravin Ganpat Kakad v. The Commissioner of Police

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

The Bombay High Court upheld a preventive detention order under the MPDA Act, ruling that verification of in camera statements need not follow a fixed format, translation errors must prejudice representation to be fatal, and the detaining authority properly applied mind.

criminal petition_dismissed Significant preventive detention MPDA Act in camera statements verification

Shri Arif Riyaz Ghodeshwar v. The State of Maharashtra

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

The Bombay High Court dismissed the appellant's bail plea in a murder case under MCOCA, holding that prima facie presence in an unlawful assembly causing death suffices to deny bail at the preliminary stage.

criminal appeal_dismissed bail MCOCA unlawful assembly presence at crime scene

Allwyn Liguroy Furtado v. The State of Maharashtra

19 Mar 2021 · Sadhana S. Jadhav; N. R. Borkar

The Bombay High Court upheld the appellant's conviction for the murder of his mother based on a complete chain of circumstantial evidence and rejected the appeal.

criminal appeal_dismissed Significant circumstantial evidence matricide violent strangulation hostile witnesses

Keda Tanaji Aher v. State of Maharashtra

19 Mar 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court held that RBI directives to supersede the Board of a co-operative bank under Section 110A(1)(iii) of the MCS Act are binding on the Registrar, who need not grant hearing before supersession, and upheld the supersession order as constitutionally valid.

administrative appeal_dismissed Significant Maharashtra Co-operative Societies Act Section 110A(1)(iii) Reserve Bank of India Supersession of Board

Kripal Amrik Singh & Ors. v. The State of Maharashtra & Ors.

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

The Bombay High Court upheld the Child Welfare Committee's lawful custody of a minor child under the Juvenile Justice Act, dismissing the petitioners' claim of valid adoption under the Hindu Adoption Act and rejecting the writ of habeas corpus.

family petition_dismissed Significant juvenile justice act child in need of care and protection habeas corpus adoption

Shri Ramdas M. Handore & Ors. v. Shri Narayan D. Pawar & Anr.

18 Mar 2021 · Sandeep K. Shinde

The Bombay High Court dismissed the appellants' second appeal, upholding the decree for specific performance and possession in favor of the respondents, emphasizing the necessity of readiness and willingness for specific performance and the inadmissibility of suit without seeking rescission of substantially performed agreements.

civil appeal_dismissed Significant specific performance possession breach of contract rescission

Dist. Solapur v. Sakhubai Jagu Bodare

18 Mar 2021 · Sandeep K. Shinde

The Bombay High Court dismissed the second appeal in a partition suit, holding that the widow's share under Section 14 of the Hindu Succession Act is absolute and without evidence of share disposal, no adjustment in partition shares is warranted.

civil appeal_dismissed partition suit Hindu Succession Act, 1956 Section 14 ancestral property

Manoj Brijlal Kapoor v. Khandelwal Laboratories Pvt. Ltd. and Anr.

18 Mar 2021 · Anuja Prabhudessai

The Bombay High Court upheld the trial court's dismissal of a conditional settlement offer under Order XII Rule 6 CPC, holding that judgment on admissions requires unequivocal admission and cannot be granted amid serious factual disputes.

civil petition_dismissed Significant Order XII Rule 6 CPC judgment on admissions unequivocal admission discretionary power

Manoj Brijlal Kappor v. Khandelwal Laboratories Pvt. Ltd.

18 Mar 2021 · Anuja Prabhudessai

The High Court dismissed the petition challenging refusal to allow belated additional evidence in a long-pending civil suit concerning recovery of money and possession of properties allegedly purchased from embezzled funds.

civil petition_dismissed additional evidence leave to adduce evidence delay in production of documents consent terms

Tata Motors Passenger Vehicles Ltd. & Anr. v. Ghosh Brothers Automobiles & Ors.

18 Mar 2021 · Sandeep V. Marne

The Bombay High Court held that termination of an arbitrator's mandate does not end arbitral proceedings, appointed a substitute arbitrator under Section 11 of the Arbitration Act, and condoned delay in filing the application under the Limitation Act.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 appointment of arbitrator Section 14 termination of arbitrator mandate Section 15 substitution of arbitrator

Vrushali Vilas Kuchekar v. Maharashtra Public Service Commission

17 Mar 2021 · R.D. Dhanuka; V.G. Bisht

The Bombay High Court upheld the constitutional validity of the 40% viva-voce cut-off without relaxation for Scheduled Caste candidates and dismissed the challenge to the selection process and multiple interview panels in judicial recruitment.

administrative petition_dismissed Significant viva-voce examination minimum qualifying marks Scheduled Caste relaxation Article 14

Nayana M. Ramani v. Fizzah Navnitlal Shah

17 Mar 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court held that a daughter has locus standi to challenge her deceased father's marriage under the Family Courts Act, and the Family Court petition is maintainable despite objections of limitation, non-joinder, and Order 2 Rule 2 CPC bar.

family appeal_allowed Significant Family Courts Act, 1984 Section 7(1) Explanation (b) Order 2 Rule 2 CPC locus standi