High Court of Bombay

5,131 judgments

Year:

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

Pratik Vilas Shelar v. The State of Maharashtra

17 Mar 2021 · Sandeep K. Shinde

The Bombay High Court granted bail to the accused in a sexual assault case where medical and forensic evidence did not prima facie support the allegations, imposing conditions to safeguard the trial.

criminal appeal_allowed Significant bail sexual assault POCSO Act forensic evidence

Yogesh Dilip Devre v. State of Maharashtra

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

The Bombay High Court held that the Maharashtra Administrative Tribunal has jurisdiction to decide cancellation of residential quarter allotment and quashed the State Government's cancellation order, allowing the petitioner to retain the quarter subject to payment of rent and charges.

administrative appeal_allowed Significant compassionate appointment residential quarter allotment Maharashtra Administrative Tribunal jurisdiction eviction proceedings

Vilas Prabhakar Lad v. Unique Identification Authority of India & Ors.

17 Mar 2021 · M. S. Sonak; Jitendra Jain

The Bombay High Court held statutory authorities and banks liable for negligence in failing to prevent and investigate identity fraud involving Aadhaar and PAN misuse, directing immediate remedial and criminal action.

administrative petition_allowed Significant identity theft Aadhaar authentication PAN card fraud bank account opening

Hanmant Anna More v. The State of Maharashtra

16 Mar 2021 · Bharati Dangre

The Bombay High Court upheld the conviction of a husband for cruelty and abetment of his wife's suicide under Sections 498A and 306 IPC, relying on credible testimony of close relatives and statutory presumptions.

criminal appeal_dismissed Significant Section 498A IPC Section 306 IPC abetment of suicide cruelty to married woman

Babulal Verma; Kamal Kishore Gupta v. Enforcement Directorate, Mumbai; State of Maharashtra

16 Mar 2021 · A.S. Gadkari

The Bombay High Court held that the offence under PMLA is independent of the predicate offence and investigation can continue despite compounding or closure of the predicate offence, dismissing the petitioners' challenge to their custody extension.

criminal appeal_dismissed Significant Prevention of Money-Laundering Act, 2002 predicate offence scheduled offence compounding

Capri Global Capital Limited v. M/s Divya Enterprise and Others

16 Mar 2021 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that suits for enforcement of mortgage and redemption involve non-arbitrable rights in rem and refused to refer such disputes to arbitration under Section 8 of the Arbitration Act.

civil appeal_dismissed Significant arbitration agreement Section 8 Arbitration Act enforcement of mortgage arbitrability

Chetan Dashrath Gade & Ors. v. The State of Maharashtra

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

The Bombay High Court upheld the murder conviction of appellant no.1 based on circumstantial and medical evidence of strangulation, modified appellant no.2's conviction from murder to causing disappearance of evidence, and partly allowed the appeal.

criminal appeal_partly_allowed Significant circumstantial evidence strangulation ligature mark murder

Bhimashankar Raigonda Bhuyare v. The State of Maharashtra

12 Mar 2021 · Sandeep K. Shinde

The High Court upheld conviction for culpable homicide not amounting to murder under Section 304(II) IPC based on credible ocular evidence but reduced the sentence considering the appellant's age and circumstances.

criminal appeal_dismissed culpable homicide not amounting to murder Section 304 Part II IPC ocular evidence intention to kill

Skoda Auto Volkswagen India Pvt. Ltd. v. Commissioner (Appeals)

12 Mar 2021 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that an appeal dispatched within the extended limitation period, considering holidays and General Clauses Act provisions, cannot be rejected as time barred merely because it was received later, and remanded the matter for fresh consideration of condonation of delay.

administrative appeal_allowed Significant service tax limitation period section 85 Finance Act 1994 condonation of delay

Arun T. Dhumale & Ors. v. State of Maharashtra & Ors.

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

The Bombay High Court upheld the Reserve Bank of India's cancellation of CKP Co-operative Bank's licence and the Registrar's winding up order, affirming regulatory powers exercised to protect depositors and public interest despite petitioners' challenges on procedural and substantive grounds.

administrative appeal_dismissed Significant Banking Regulation Act, 1949 banking licence cancellation co-operative bank Maharashtra Co-operative Societies Act, 1960

Marvel Sigma Homes Pvt. Ltd. v. State of Maharashtra

12 Mar 2021 · S. J. Kathawalla; Vinay Joshi

The Bombay High Court allowed an application to correct terminological errors in its order under RERA, clarifying references to statutory authorities without affecting substantive rights.

civil other Procedural Speaking to the minutes Typographical correction Adjudicating Officer Regulatory Authority

The State of Maharashtra v. Uttam Akaram Madane

12 Mar 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of an accused charged with rash and negligent driving causing death, emphasizing the prosecution's failure to prove rashness beyond reasonable doubt and the limited scope for appellate interference with acquittals.

criminal appeal_dismissed Significant rash driving negligence motor vehicle accident presumption of innocence

The State of Maharashtra v. Dr. Mahesh Avinash Joshi & Ors.

12 Mar 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of doctors charged with causing death by negligence, holding that criminal liability requires proof of gross negligence or recklessness, which was not established in this case.

criminal appeal_dismissed Significant criminal negligence gross negligence medical negligence Section 304-A IPC

Sandhya D/o. Balkrushna Teli & Ors. v. The State of Maharashtra & Ors.

12 Mar 2021 · S. C. GUPTE; SURENDRA P. TAVADE

The Bombay High Court held that teachers transferred from unaided to aided posts after completing probation and receiving approval are entitled to full grant-in-aid approval and arrears, invalidating restrictive government circular provisions.

administrative petition_allowed Significant transfer from unaided to aided posts MEPS Act 1977 Rule 41 MEPS Rules Government Circular 28.06.2016

Dattatray Ramchandra Waikar v. Balutai @ Ranjana Suresh Gavali

11 Mar 2021 · Madhav Jamdar

The High Court quashed the trial court’s order appointing a second Court Commissioner without recording dissatisfaction with the first Commissioner’s report, emphasizing that fresh appointment requires cogent reasons under Order XXVI Rule 10(3) CPC.

civil petition_allowed Significant Court Commissioner Order XXVI CPC Local investigation Appointment of Commissioner

Vijay Jaywant Dongare v. The State of Maharashtra

11 Mar 2021 · Revati Mohite Dere

The Bombay High Court upheld the appellant's conviction for attempted murder and house trespass but reduced the sentence under Section 307 IPC from 10 to 5 years considering the amicable settlement and absence of antecedents.

criminal appeal_allowed Significant Section 307 IPC Section 452 IPC grievous injury knife assault