High Court of Bombay

5,131 judgments

Year:

Bhupendra Harilal Mehta v. Principal Commissioner of Income Tax

27 Apr 2021 · Sunil P. Deshmukh; Abhay Ahuja

The Bombay High Court held that a taxpayer whose assessment is a scrutiny assessment based on information from searches on other entities but not subjected to search himself cannot be treated as a 'search case' under the Direct Tax Vivad Se Vishwas Act, and thus is liable to pay only 100% of disputed tax.

tax appeal_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 search case scrutiny assessment Section 132 Income Tax Act

Ganesh Benzoplast Limited v. Morgan Securities Credits Private Limited

26 Apr 2021 · A. S. Gadkari

The High Court upheld issuance of process for criminal breach of trust and cheating against a company and its directors, rejecting arbitration and delay defenses, and clarified principles of corporate criminal liability.

criminal appeal_allowed Significant criminal breach of trust cheating pledge agreement inter corporate deposit

Ganesh Devidas Shinde v. The State of Maharashtra

23 Apr 2021 · Prasanna B. Varale; S.M. Modak
Cites 1 · Cited by 0

The Bombay High Court upheld convictions for kidnapping and extortion under IPC and MCOC Act despite minor procedural errors, emphasizing fair trial rights and reliability of eyewitness evidence in organized crime cases.

criminal appeal_dismissed Significant abduction extortion ransom MCOC Act

Abhijit s/o. Baban Pawar v. State of Maharashtra & others

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

The Bombay High Court held that rejection of Covid-19 parole applications solely due to prior non-release is unsustainable and directed fresh consideration on merits considering pandemic conditions.

criminal petition_allowed Significant Covid-19 parole furlough prison authorities mechanical rejection

Tirupati Shopping Centre Premises Co-op. Society Limited v. Shabayesha Construction Company Private Limited

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

The Bombay High Court held that the Arbitral Tribunal has jurisdiction to adjudicate contractual claims despite a quasi-judicial Deemed Conveyance order, and writ petitions challenging interlocutory arbitral orders under Section 16 are not maintainable except in exceptional cases.

civil appeal_dismissed Significant Arbitral Tribunal jurisdiction Section 16 Arbitration Act Deemed Conveyance Maharashtra Ownership Flats Act

Vanisha Vincent Rodrigues v. Jyoti Vincent Rodrigues

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

The Bombay High Court quashed domestic violence proceedings against a daughter where allegations were found to be exaggerated and arising from matrimonial discord, preventing abuse of legal process and enabling her to pursue higher studies abroad.

criminal petition_allowed Significant Protection of Women from Domestic Violence Act, 2005 Section 482 CrPC Article 226 Constitution of India quashing of proceedings

Prateek Chandragupt Goyal v. State of Maharashtra

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

The Bombay High Court quashed an FIR under Section 103 of the Trade Marks Act, 1999 against a journalist, holding that use of a trade mark in published articles does not constitute false application to goods or services.

criminal petition_allowed Significant Trade Marks Act 1999 Section 103 False application of trade mark Nominative fair use

Satish Janardan Thakur v. Scheduled Tribe Caste Certificate Verification Committee

20 Apr 2021 · R.D. Dhanuka; V. G. Bisht

The Bombay High Court allowed the petitioners' claim to Thakar Scheduled Tribe status, quashing the verification committee's rejection for ignoring pre-independence records and misapplying the cultural affinity and area restriction tests.

administrative petition_allowed Significant Scheduled Tribe Thakar Caste Certificate Verification Pre-constitutional documentary evidence

Kisan Songya Bangara v. The State of Maharashtra

20 Apr 2021 · S.J. Kathawalla; Prithviraj K. Chavan

The Bombay High Court allowed a writ petition directing the State to grant prior approval for sale of tribal land reserved for public purpose, holding that refusal on grounds of reservation and unspecified use was unjustified when the purchaser undertook permissible non-agricultural use.

property petition_allowed Significant Section 36A Maharashtra Land Revenue Code tribal land transfer prior approval non-tribal purchaser

Kisan Songya Bangara v. The State of Maharashtra

20 Apr 2021 · S.J. Kathawalla; Prithviraj K. Chavan

The Bombay High Court allowed a tribal landowner's writ petition directing the State to grant prior approval for sale of reserved tribal land to a non-tribal purchaser based on bona fide use undertakings and financial hardship, setting aside the refusal under Section 36A of the Maharashtra Land Revenue Code.

property appeal_allowed Significant Section 36A Maharashtra Land Revenue Code tribal land transfer prior approval non-agricultural use

Maharashtra State Road Development Corporation Limited v. PLUS BKSP Toll Ltd.

19 Apr 2021 · B.P. Colabawalla

The Bombay High Court upheld an arbitral tribunal's interim award validating contract termination and admissibility of evidence, rejecting challenges based on procedural irregularities and confidentiality claims in a commercial arbitration dispute.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Interim Award Concession Agreement Independent Consultant

Rampravesh Ramavtar Singh v. State of Maharashtra

09 Apr 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court partly allowed appeals modifying murder convictions to culpable homicide under Section 304 Part II IPC, clarifying the application of common intention and unlawful assembly principles under Sections 34 and 149 IPC.

criminal appeal_allowed Significant unlawful assembly common intention Section 34 IPC Section 149 IPC

Sandip Baburao Waidande v. The State of Maharashtra

09 Apr 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court acquitted the accused in a murder case due to failure to put crucial incriminating circumstances under Section 313 CrPC and insufficient circumstantial evidence establishing guilt beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence Section 313 CrPC last seen theory motive

The State of Maharashtra v. Suresh Dada Aher

09 Apr 2021 · K.R. Shriram
Cites 3 · Cited by 0

The Bombay High Court upheld the acquittal of a husband charged with cruelty and abetment of his wife's suicide, holding that prosecution failed to prove willful cruelty or intentional instigation beyond reasonable doubt.

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

Jayantilal Himmatlal Oswal v. State of Maharashtra & Ors.

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

The Bombay High Court held that failure by the Municipal Council to acquire reserved land within statutory timelines under Section 127 of the MRTP Act results in lapsing of reservation and release of land to the owner.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 lapsing of reservation land acquisition

Om Prakash Bhatt v. State of Maharashtra & Ors.

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

The Bombay High Court held that travel restrictions via Look Out Circulars cannot be imposed on a person not arraigned as an accused without justifiable cause, affirming the right to travel abroad subject to cooperation with investigation.

criminal petition_allowed Significant Look Out Circular travel restrictions fundamental rights Article 21

Shri Gurbachan Singh & Ors. v. Shri Shankar K. Mathod & Ors.

08 Apr 2021 · A. S. Gadkari

The Bombay High Court quashed a second criminal complaint under Section 420 IPC filed on the same facts as a dismissed complaint under the Negotiable Instruments Act, holding it to be an abuse of process of law.

criminal petition_allowed Significant Section 482 Cr.P.C. abuse of process second complaint Negotiable Instruments Act

Shri Shripad Bhaskar Bhagwat v. Smt. Mangal Madhukar Jogalekar

08 Apr 2021 · Sandeep K. Shinde

The Bombay High Court upheld the eviction decree based on the landlord's bonafide and reasonable need for possession, refusing to disturb concurrent findings of fact in revisional jurisdiction under the Maharashtra Rent Control Act, 1999.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 bonafide requirement eviction reasonable need

Supermax Personal Care Pvt. Ltd. v. Union of India

08 Apr 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court quashed a central excise show cause notice against the petitioner for lack of territorial jurisdiction and absence of duty liability on goods manufactured by a job worker outside the jurisdiction.

tax petition_allowed Significant Central Excise Act, 1944 manufacture territorial jurisdiction show cause notice

Anil Madgavkar v. IFIN Commodities Limited

07 Apr 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court dismissed appeals challenging arbitral awards, holding that admissions by an unauthorized agent do not bind the principal and that the appellants failed to prove agency or breach of contract under MCX rules.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 agency and authority