High Court of Bombay

5,131 judgments

Year:

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

Imran Shabbir Gauri v. The State of Maharashtra

31 Mar 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court set aside rape and criminal intimidation convictions due to lack of substantive evidence and hostile victim testimony but upheld conviction under IT Act for possession of pornographic images of a child, emphasizing the limited evidentiary value of section 164 CrPC statements without corroboration.

criminal appeal_partly_allowed Significant Section 164 CrPC Evidentiary value Sexual offence POCSO Act

Janardan @ Shankar Tukaram Baing v. The State of Maharashtra

31 Mar 2021 · Prasanna B. Varale; S.M. Modak

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, rejecting the insanity defence due to lack of proof of unsoundness of mind at the time of the offence.

criminal appeal_allowed Significant insanity defence Section 84 IPC culpable homicide not amounting to murder Section 304 Part II IPC

Shri Bhausaheb R. Sanap v. Smt. Ratnabai C. Vadekar & Ors.

30 Mar 2021 · Sandeep K. Shinde

The Bombay High Court upheld the partial validity of a sale deed in a joint family partition suit, dismissing limitation defense and affirming co-owners' rights to their undivided shares.

civil appeal_dismissed Significant joint family property partition suit sale deed limitation

Sharja Prabhudas Chavan v. Pyarelal Isak Maner

30 Mar 2021 · SANDEEP K. SHINDE J.

The Bombay High Court dismissed the second appeal upholding the trial and appellate courts' rejection of the appellant's claim of possession and title over the suit property due to non-production of title deeds and late application to produce documents.

civil appeal_dismissed perpetual injunction possession title deeds Order 41 Rule 27 CPC

Sterlite Technologies Limited v. The Deputy Commissioner of Income Tax

27 Mar 2021 · K.R. Shriram; Firdosh P. Pooniwalla
Cites 2 · Cited by 0

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for AY 2016-17, holding that a mere change of opinion without new tangible material does not justify reassessment.

tax petition_allowed Significant reopening of assessment Section 147 Income Tax Act Section 148 Income Tax Act change of opinion

Noor Mohammed Abdul Rehman Mulla v. BCJ Hospital an Asha Parekh Research Center

26 Mar 2021 · Sandeep V. Marne
Cites 1 · Cited by 3

The Bombay High Court upheld the Industrial Court's finding that the petitioner was engaged as a consultant, not an employee, and thus not entitled to gratuity under the Payment of Gratuity Act, 1972.

labor petition_dismissed Significant Payment of Gratuity Act, 1972 employee definition wages definition consultant vs employee

Bank of India v. Assistant Commissioner of Income-tax

26 Mar 2021 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

The Bombay High Court held that broken period interest on HTM securities is deductible and quashed illegal reassessment notices issued contrary to binding jurisdictional High Court precedent mandating faceless reassessment proceedings.

tax petition_allowed Significant broken period interest hold to maturity securities deduction reassessment

Little Angels Education Society v. Union of India

25 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court upheld the CBDT's circular limiting condonation of delay in filing Form No.10B to 365 days and directed petitioners to seek special relief from CBDT for delay beyond that period.

tax appeal_dismissed Significant Income Tax Act, 1961 Section 119(2)(b) Form No.10B Condonation of delay

Gourav Narendra Singh v. The State of Maharashtra & Ors.

25 Mar 2021 · Revati Mohite Dere
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the appellant for sexually assaulting his minor cousin, holding that the prosecutrix's credible testimony alone suffices for conviction despite delay and lack of medical corroboration.

criminal appeal_dismissed Significant sexual assault prosecutrix testimony minor delay in FIR

Essel Propack Limited v. Union of India

25 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court set aside CESTAT's finding of fraud against Essel Propack Limited for lack of notice, hearing, and evidence of intent to deceive, expunging the stigma of fraud while the tax liability was settled under an amnesty scheme.

administrative appeal_allowed Significant fraud CENVAT credit service tax CESTAT

The State of Maharashtra v. Anil Bhagwan Baviskar & Nana Baburao Sonawane

25 Mar 2021 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court upheld the Tribunal's order directing absorption of forest labourers under a 2012 Government Resolution, rejecting the State's belated forgery allegations and review application for lack of due diligence and concrete evidence.

administrative petition_dismissed Significant absorption in service Government Resolution 2012 forest labourers review application

The Trustees of the Port of Bombay v. Sayed Abdul Hamid Mohammed Shah

25 Mar 2021 · N.J. Jamadar

The Bombay High Court held that the suit building remains under custodia legis with the Court Receiver, directed restoration of possession from a trespasser, and allowed the trespasser two months to establish possessory title through appropriate proceedings.

civil appeal_allowed Significant Court Receiver custodia legis possession execution proceedings

Shri. Fathubai Vithalbhai Chauhan and Ors. v. Smt. Dhanuben Rathod and Ors.

24 Mar 2021 · SANDEEP K. SHINDE

The Bombay High Court held that an appeal abates if a party dies during its pendency without legal representatives being brought on record, rendering the appellate judgment null and restoring the trial court decree.

civil appeal_allowed Significant appeal abatement legal representatives death of party partition suit

Kamal Shyamsunder Narang & Anr. v. Mahendra V. Rathod & Ors.

24 Mar 2021 · Sandeep K. Shinde

The High Court held that the appellate court exceeded its jurisdiction by deciding possession restoration extent without evidence and remanded the matter to the trial court for proper adjudication under Section 144 CPC.

civil petition_allowed Significant Section 144 CPC possession restoration ex-parte decree appellate court jurisdiction

Shri Abhishek Dinkar Ekal v. State of Maharashtra

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

The Bombay High Court dismissed the writ petition challenging the Magistrate's acceptance of a 'C' Summary Report, holding that the proper remedy is to file a revision petition before the Sessions Court.

criminal petition_dismissed C Summary Report Protest Petition Section 420 IPC Section 34 IPC

Sagar Balasaheb Gaikwad v. The State of Maharashtra

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

The Bombay High Court held that a sanction order under MCOCA need not specify individual roles and its validity can only be tested after trial, dismissing the petition to quash the sanction against the accused.

criminal petition_dismissed Significant Maharashtra Control of Organized Crime Act sanction order organized crime pre-trial challenge