High Court of Bombay

5,061 judgments

Year:

Macrotech Developers Ltd. v. State of Maharashtra

22 Feb 2021 · K.K. Tated; R.I. Chagla

The Bombay High Court held that real estate developers are entitled to cumulative stamp duty concessions under statutory ITP Regulations and the Government's Covid-19 relief order, rejecting the state's attempt to restrict benefits via a departmental amendment.

administrative appeal_allowed Significant Integrated Township Project stamp duty concession Maharashtra Stamp Act, 1958 ITP Regulations

Dr. P.V. Varavara Rao v. National Investigation Agency & Ors.

22 Feb 2021 · S.S. Shinde; Manish Pitale
Cites 3 · Cited by 0

The Bombay High Court held that bail on health grounds under Article 21 can be considered despite statutory bail rejection under UAPA, but expert medical fitness for custody and prima facie truth of accusations are decisive factors.

criminal appeal_dismissed Significant Article 21 bail on medical grounds UAPA Section 43D(5) writ jurisdiction

Vilas Bajirao Jadhav v. The State of Maharashtra

22 Feb 2021 · Sandeep K. Shinde

The High Court acquitted the appellant of culpable homicide due to lack of credible eyewitness evidence, unexplained delay in complaint, and medical evidence suggesting natural death.

criminal appeal_allowed Significant culpable homicide not amounting to murder delay in lodging complaint eyewitness testimony non-examination of key witness

Sahadeo Namdeo Mahadik v. Parvatibai Mahadeo Mahadik

22 Feb 2021 · Amit Borkar
Cites 0 · Cited by 1

The court held that testamentary transfer of tenancy land within ten years of acquisition under Section 32-G of the MTAL Act is invalid, and succession follows statutory heirs under the Hindu Succession Act, entitling petitioners as legal representatives to the tenancy rights.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 43 MTAL Act Hindu Succession Act, 1956 testamentary transfer

Mainabai Gun Want Shinde; Vijay ashree Gun Want Shinde; Gun want Sopan Shinde v. The State of Maharashtra; Balachandra Pende

18 Feb 2021 · SANDEEP K. SHINDE

The High Court set aside convictions under Sections 498A and 306 IPC, holding that vague allegations without proof of wilful cruelty or instigation do not satisfy the mens rea required for these offences.

criminal appeal_allowed Significant Section 498A IPC Section 306 IPC mens rea cruelty

Sayyad Chand Agasapure v. The State of Maharashtra

18 Feb 2021 · Revati Mohite Dere
Cites 1 · Cited by 0

The High Court upheld the conviction of the appellant for sexual assault of a minor, holding that evidence of hostile witnesses can be relied upon when corroborated by medical and DNA evidence.

criminal appeal_dismissed Significant hostile witness sexual assault minor POCSO Act

M/s Runwal Constructions v. Union of India

18 Feb 2021 · Sunil P. Deshmukh; Abhay Ahuja
Cites 2 · Cited by 0

The Bombay High Court held that a purchaser of property at a secured creditor's auction who does not succeed to the business is not liable for the excise duty dues of the original owner, quashing the Revenue's recovery notices.

civil petition_allowed Significant secured creditor priority excise duty liability auction purchaser liability Central Excise Act Section 11

Girish Kumaran Nayar v. State of Maharashtra

17 Feb 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court granted bail to the accused in a MCOCA case, holding that the prosecution failed to establish a prima facie nexus between past offences and the present crime to invoke stringent MCOCA provisions.

criminal appeal_allowed Significant Maharashtra Control of Organised Crime Act MCOCA bail prior approval

Ganga Taro Vazirani v. Deepak Raheja

16 Feb 2021 · B. P. Colabawalla

The Bombay High Court held that a suit based on dishonoured cheques is not barred by the Money Lending Act and that pre-institution mediation under the Commercial Courts Act is procedural and can be waived, granting conditional leave to defend upon deposit of the claimed amount.

civil appeal_dismissed Significant Commercial Summary Suit Dishonoured Cheques Maharashtra Money Lending (Regulation) Act, 2014 Section 12A Commercial Courts Act

JSK Marketing Limited v. Union of India

16 Feb 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court upheld the validity of summons issued under GST laws for inquiry into tax evasion, directing cooperation with investigation and dismissing apprehension of arrest absent statutory basis.

administrative appeal_dismissed Significant GST investigation summons under CGST Act circular trading Input Tax Credit

RS HR Team Solutions Private Limited v. Union of India

16 Feb 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that admission of tax liability before the cut-off date constitutes quantification under the Sabka Vishwas Scheme, and rejected declarations must be reconsidered with an opportunity of hearing.

tax appeal_allowed Significant Sabka Vishwas Scheme service tax liability quantification admission of tax liability

Sunil Raghunath Mhase v. The State of Maharashtra

16 Feb 2021 · SANDEEP K. SHINDE J.

The Bombay High Court allowed the appeal and set aside the conviction under Section 354 IPC due to inconsistencies and improbabilities in the prosecution case and probable false implication arising from a property dispute.

criminal appeal_allowed Significant Section 354 IPC benefit of doubt delay in FIR hostile witness

Sadanand Kalya Pagi v. The State of Maharashtra

16 Feb 2021 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and set aside the conviction under Section 376 IPC due to inconsistencies in the victim's testimony, unexplained delay in complaint, and lack of corroborative medical evidence.

criminal appeal_allowed Significant Section 376 IPC sexual assault delay in lodging complaint victim credibility

Arun Yashwant Kulkarni v. The State of Maharashtra & Ors.

16 Feb 2021 · R. D. Dhanuka; V. G. Bisht

The Bombay High Court dismissed the writ petition challenging the postponement of cooperative society elections and continuation of existing committees, holding the petitioner lacked locus standi and cause of action to invoke constitutional remedies.

constitutional petition_dismissed locus standi cause of action Article 226 Maharashtra Co-operative Societies Act

Jalindar Tukaram Kharat v. The State of Maharashtra

16 Feb 2021 · G.S. Kulkarni

The High Court held that a federal society has no jurisdiction to scrutinize or reject nominations made by its member societies for inclusion in the provisional voters list, and upheld the Election Officer's order directing inclusion of the nominees.

administrative petition_dismissed Significant federal society member society provisional voters list Maharashtra Co-operative Societies Act, 1960

Pune Municipal Corporation v. Ramesh Radhakrishna Phondage

15 Feb 2021 · A. S. Gadkari

The Bombay High Court held that an order issuing process under the IPC is quasi-final and maintainable in revision under Section 397 CrPC, setting aside the Revisional Court's dismissal of the revision petition.

criminal appeal_allowed Significant issuance of process revision jurisdiction Section 397 CrPC interlocutory order

Sanjay Bapurao Kale v. The State of Maharashtra

15 Feb 2021 · Sandeep K. Shinde

The High Court acquitted the accused in a corruption case due to failure of prosecution to prove the essential element of 'demand' of bribe, holding that acceptance alone is insufficient for conviction under the Prevention of Corruption Act.

criminal appeal_allowed Significant Prevention of Corruption Act demand and acceptance bribery corruption

Chandrakant C. Mishra v. The Union of India

15 Feb 2021 · Nitin Jamdar; Manjusha Deshpande
Cites 0 · Cited by 2

The court held that restoration of physically handicapped status and allowance does not entitle retrospective promotion without fulfilling eligibility criteria such as typing test exemption, and dismissed the petition for promotion from 2010.

administrative appeal_dismissed Significant physically handicapped promotion eligibility typing test exemption retrospective promotion

Commissioner of CGST & Central Excise v. Shriram Transport Finance Company Ltd.

12 Feb 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court upheld that service tax is not recoverable on interest component of hire purchase and financial leasing services prior to 01.03.2006 due to absence of bifurcation mechanism, affirming the constitutional validity of taxing financial leasing services under the Finance Act.

tax appeal_dismissed Significant service tax financial leasing hire purchase non-banking financial company

Geojit Financial Services Limited v. Sandeep Gurav

12 Feb 2021 · R.D. Dhanuka; V.G. Bisht

The Bombay High Court held that an application under Section 33 of the Arbitration Act seeking review on merits is not maintainable and limitation for filing an Arbitration Petition under Section 34 starts from receipt of the arbitral award, dismissing the appeal as time-barred.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 33 correction application Section 34 limitation Arbitral award review