High Court of Bombay

5,131 judgments

Year:

Mohamed Obedulla Chinoy & Ors v. Rasubai Suleman Chinoy

10 Mar 2021 · G.S. Patel

The Bombay High Court held that attestation is not required for the validity of a Sunni Hanaf Mahomedan Will, allowing Letters of Administration despite the Will being unattested.

civil appeal_allowed Significant Indian Succession Act 1925 Section 63 Mahomedan law Sunni Hanaf

Nilesh Bhaskar Rathod v. The State of Maharashtra

10 Mar 2021 · Sandeep K. Shinde

The High Court quashed the conviction as the prosecution was based on a repealed licensing order, establishing that prosecution under a non-existing law is void and incurable.

criminal appeal_allowed Significant repealed law prosecution licensing order Maharashtra Scheduled Oil Seeds and Oils

Baban Datta Gaikwad v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder due to doubts in prosecution evidence and clarified that the burden to disprove admitted investigation documents does not lie on the accused, while directing compensation to victims' heirs under Section 357-A CrPC despite acquittal.

criminal appeal_allowed Significant homicidal death accidental death dying declaration burden of proof

Nikhil Dnyanoba Tambalge v. State of Maharashtra

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

The Bombay High Court dismissed the appellant's bail plea under the Atrocities Act, holding that serious offences with prima facie material and risk of witness intimidation justify denial of bail despite delay in FIR registration.

criminal appeal_dismissed bail Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 delay in FIR witness intimidation

Atlantic Shipping Private Limited v. Union of India & Ors.

09 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court upheld DGFT circulars clarifying that only actual service providers rendering notified services and earning foreign exchange are eligible for SEIS benefits, dismissing a shipping agent's claim for benefits on foreign exchange routed through it.

administrative appeal_dismissed Significant Service Exports from India Scheme Foreign Trade Policy 2015-2020 SEIS eligibility Foreign Trade (Development and Regulation) Act

Suresh alias Suryakant Balkrishna Jagadale v. The State of Maharashtra

09 Mar 2021 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and acquitted the accused due to contradictions in evidence, unexplained delay in FIR, and possibility of a false complaint motivated by prior family disputes.

criminal appeal_allowed Section 354 IPC outraging modesty benefit of doubt delay in FIR

Arun Shrawan Patil v. State of Maharashtra

09 Mar 2021 · Sandeep K. Shinde

The High Court allowed the appeal and set aside the conviction under Section 498 IPC, holding that mere voluntary departure of a married woman without inducement does not constitute the offence of enticing or taking away with criminal intent.

criminal appeal_allowed Significant Section 498 IPC Enticing married woman Illicit intercourse Consent immaterial

Sharmilee Kapur & M/s. Sparsh Infratech Pvt. Ltd. v. Shailaja S. Halkude

09 Mar 2021 · Prithviraj K. Chavan

The Bombay High Court dismissed the appeal against refusal of temporary injunction, holding that the respondent's trademark "TanMan" is not deceptively similar to the appellants' registered mark "atmantan be transformed" and no prima facie case of infringement or confusion was made out.

civil appeal_dismissed Significant trademark infringement deceptive similarity temporary injunction passing off

Balram Sudakaji Sakpal & Anita Balaram Sakpal v. Union of India

09 Mar 2021 · Prithviraj K. Chavan

The Bombay High Court allowed the appeal and awarded compensation to the deceased's dependents, holding that death due to accidental falling from a train with a valid ticket constitutes an untoward incident under Section 124A of the Railways Act, 1989, attracting strict liability on the Railway Administration.

civil appeal_allowed Significant Railways Act 1989 Section 124A untoward incident compensation

Arun Mhatre v. Kalyan Dombivali Municipal Corporation & Ors.

09 Mar 2021 · S.J. Kathawalla; R.I. Chagla

The Bombay High Court upheld the municipal corporation's order for demolition of structures within the regular street line under Section 212 of the Maharashtra Municipal Corporation Act, holding that no mandatory personal hearing was required and the procedural requirements were complied with.

administrative appeal_dismissed Significant Maharashtra Municipal Corporation Act Section 212 regular line of street natural justice

Nibir Jyoti Das v. State of Maharashtra

09 Mar 2021 · Dipankar Datta, CJ; G. S. Kulkarni, J.

The Bombay High Court upheld the constitutional validity of domicile-based reservation of 85% seats in private unaided medical colleges in Maharashtra, dismissing challenges under Article 19(1)(g) and Article 14.

constitutional appeal_dismissed Significant domicile-based reservation private unaided medical colleges Article 19(1)(g) Article 19(6)

Kiran Bhaskar Surgade v. Director, Health Department, Government of Maharashtra

09 Mar 2021 · S.J. Kathawalla; Riyaz I. Chagla

The Bombay High Court held that only healthcare workers whose services are requisitioned by the government for COVID-19 duties are eligible for compensation under the PMGKP insurance scheme, dismissing a private doctor's widow's claim for compensation.

administrative petition_dismissed Significant Pradhan Mantri Garib Kalyan Package COVID-19 insurance scheme private medical practitioners requisitioning of services

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

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

The Bombay High Court held that monetary reliefs under RERA, including return of amounts paid with interest, are recoverable as arrears of land revenue under Section 40(1), and insolvency proceedings do not bar enforcement of such reliefs through writ petitions.

civil appeal_dismissed Significant RERA Act Recovery Certificate Section 40(1) Section 40(2)

Supreme Industries Limited v. Central Board of Indirect Taxes and Customs

08 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The court set aside arbitrary customs valuation, upheld declared invoice value, held detention waiver certificates binding only on customs cargo service providers, and ruled that shipping line is not bound to waive detention charges under contract.

administrative appeal_allowed Significant Customs Act, 1962 detention cum demurrage waiver certificate contract of carriage authorized economic operator

Rabibai Mohamad Ismail v. State of Maharashtra

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

The High Court held that under Section 7(4) of the MPID Act, the Designated Court has discretion to direct graded distribution of funds prioritizing small investors, not merely equal distribution, to fulfill the Act's protective purpose.

criminal appeal_allowed Significant Maharashtra Protection of Interest of Depositors Act, 1999 equitable distribution graded distribution small investors protection

Morde Foods Pvt. Ltd. v. Union of India

08 Mar 2021 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that where an appellate authority sets aside an original order and remands the matter, the declarant remains eligible to file under the Sabka Vishwas Scheme's litigation category, and rejection without hearing violates natural justice.

tax appeal_allowed Significant Sabka Vishwas Scheme Finance (No.2) Act, 2019 eligibility for amnesty scheme remand and effect on original order

Mr. Naresh T. Jain v. The Union of India

08 Mar 2021 · M.S. Sonak; Advait M. Sethna
Cites 2 · Cited by 0

The Bombay High Court held that the 180-day limit for provisional attachment orders under the PMLA is mandatory and not extended by Supreme Court COVID-19 limitation orders, declaring the impugned attachment order lapsed after 180 days but allowing adjudication proceedings to continue.

criminal petition_allowed Significant Prevention of Money Laundering Act Provisional Attachment Order Section 5 PMLA 180-day limitation

The State of Maharashtra v. Sou. Rita Ankush Indrekar

05 Mar 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of the accused due to non-compliance with mandatory Section 42 provisions of the NDPS Act and failure to prove possession of contraband.

criminal appeal_dismissed Significant NDPS Act Section 42 compliance search and seizure possession of contraband

Dnyaneshwar Maruti Shirsat v. The State of Maharashtra

05 Mar 2021 · SANDEEP K. SHINDE

The High Court set aside the conviction for cruelty and abetment to suicide, holding that the prosecution failed to prove willful conduct and proximate cause linking the appellant to the deceased's suicide.

criminal appeal_allowed Significant abetment to suicide Section 306 IPC cruelty Section 498-A IPC

The State of Maharashtra v. Ramesh Khandu Salve

05 Mar 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of a public servant in a bribery case due to invalid sanction and failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 sanction for prosecution application of mind investigation by competent officer