High Court of Bombay

5,131 judgments

Year:

Viraj Profiles Ltd. v. The State of Maharashtra

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

The Bombay High Court held that a revocation of prior approval for tribal land transfer without notice and hearing is invalid, and an appeal order directing permission overrides such revocation, quashing the Collector’s rejection of sanction.

property petition_allowed Significant Section 36A Maharashtra Land Revenue Code tribal land transfer prior approval revocation of approval

Dattaji Sambha Kendre v. State of Maharashtra

04 Mar 2021 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and set aside the conviction under Section 498A IPC due to reliance on inconsistent and uncorroborated dying declarations.

criminal appeal_allowed Significant dying declaration Section 498A IPC inconsistent evidence corroboration

Michel Anthony Nadar v. The State of Maharashtra

04 Mar 2021 · Sandeep K. Shinde

The Bombay High Court set aside the robbery conviction due to improbability of the prosecution case and unreliable identification parade evidence.

criminal appeal_allowed Significant robbery test identification parade Section 392 IPC reasonable doubt

Jitendra Rajmohan Mazi v. The State of Maharashtra

03 Mar 2021 · Revati Mohite Dere

The Bombay High Court upheld the conviction of the appellant for kidnapping and sexually assaulting a minor girl, relying on credible identification, medical and DNA evidence, and commended the prompt investigation and trial.

criminal appeal_dismissed Significant sexual assault kidnapping minor victim identification parade

SBI Global Factors Limited v. The State of Maharashtra & Ors.

03 Mar 2021 · A.S. Gadkari, J.

The Bombay High Court held that an accused in Section 138 NI Act proceedings cannot file affidavit evidence in lieu of oral examination-in-chief and must lead oral evidence as per law.

criminal petition_allowed Significant Section 138 Negotiable Instruments Act Affidavit of Evidence Examination-in-Chief Oral Evidence

Veena Biswanath Mitra & Ors. v. Kamla Ashok Aher & Ors.

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

The Bombay High Court allowed the writ petition filed by the natural parents for custody of their minor child, emphasizing the paramountcy of the child's welfare over custodial preference of the grandmother.

family appeal_allowed Significant writ of habeas corpus child custody natural guardianship welfare of the child

Portescap India Private Limited v. Union of India & Ors.

02 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that inadvertent procedural errors in declaration of intent on shipping bills should not deny MEIS benefits to eligible exporters and directed issuance of No-Objection Certificates to enable claim of rewards.

administrative appeal_allowed Significant Merchandise Exports from India Scheme MEIS declaration of intent Foreign Trade Policy 2015-2020

Kashinath Manik Patil v. The State of Maharashtra

02 Mar 2021 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and acquitted the accused due to failure of the prosecution to prove beyond reasonable doubt that the accused voluntarily caused grievous hurt, highlighting doubts over the FIR and dying declaration.

criminal appeal_allowed Significant grievous hurt Section 325 IPC dying declaration FIR

Franco Indian Pharmaceuticals Pvt Ltd v. Corona Remedies Pvt Ltd

01 Mar 2021 · G.S. Patel

The Bombay High Court granted an injunction to Franco Indian Pharmaceuticals restraining Corona Remedies from using the similar mark STIMULET, holding that prior continuous use and goodwill prevail over later registration despite both marks being registered.

civil appeal_allowed Significant trademark infringement passing off prior user similarity of marks

Kisan Dashrath Tambile & Digambar Sadhu Bhosale v. The State of Maharashtra & Jyoti Tukaram Jagtap

01 Mar 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court set aside a rape conviction due to failure of prosecution to prove the prosecutrix was under 16 years, making her consent relevant and negating the charge under Section 376 IPC.

criminal appeal_allowed Significant Section 376 IPC rape age of prosecutrix consent

Nagnath Rama Arjun; Maruti Yeshwant Mohite; Dayaram Bhagwan Koli v. The State of Maharashtra

01 Mar 2021 · Sandeep K. Shinde J.
Cites 1 · Cited by 0

The Bombay High Court quashed convictions under the SC & ST Act due to invalid investigation but allowed appeal on IPC and Protection of Civil Rights Act offences for lack of evidence, emphasizing proper investigation procedures.

criminal appeal_allowed Significant Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 investigation Rule 7 Deputy Superintendent of Police

Magnum Management and Services P Ltd v. Union of India & Ors.

01 Mar 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that rejection of a declaration under the Sabka Vishwas Scheme without hearing violates natural justice and directed reconsideration after affording the petitioner an opportunity of hearing.

administrative appeal_allowed Significant Sabka Vishwas Scheme voluntary disclosure natural justice opportunity of hearing

Raju @ Haidar @ Mohammed Shahid v. The State of Maharashtra

26 Feb 2021 · Sandeep K. Shinde J.

The Bombay High Court granted bail to applicants accused under organized crime and extortion charges, holding that mere preparation without overt acts and inadmissible confessional statements do not justify denial of bail.

criminal appeal_allowed Significant bail organized crime MCOCA confessional statement

The State of Maharashtra v. Sitabai Rambhau Nigade & Ors.

26 Feb 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of accused in a matrimonial cruelty and abetment of suicide case, emphasizing the need for proof of intentional cruelty and proximate instigation for conviction under Sections 498A and 306 IPC.

criminal appeal_dismissed Significant Section 498A IPC Section 306 IPC abetment of suicide matrimonial cruelty

Nanda Rajendra Zodge alias Sunanda Shivaji Narawane v. The State of Maharashtra

26 Feb 2021 · Sadhana S. Jadhav; N. R. Borkar

The High Court upheld the life conviction of a retired police officer for murdering his partner's son based on circumstantial evidence, while acquitting the partner due to insufficient proof of her involvement.

criminal appeal_allowed Significant circumstantial evidence homicide section 302 IPC section 120-B IPC

Macrotech Developers Limited v. The State of Maharashtra

26 Feb 2021 · K.K. Tated; R.I. Chagla

The Bombay High Court held that a phase of a real estate project with a part occupancy certificate obtained within the statutory registration window is exempt from registration under RERA, and the Adjudicating Officer has jurisdiction to adjudicate compensation claims irrespective of registration.

administrative appeal_allowed Significant Real Estate (Regulation and Development) Act, 2016 MahaRERA part occupancy certificate registration of real estate project

Premlata Mohan Agarwal v. The Principal Commissioner of Income Tax – 3, Pune & Ors.

26 Feb 2021 · K.R. Shriram; M.S. Karnik

The Bombay High Court held that disputed interest under Sections 234A, 234B, and 234C is eligible for settlement under the VSV Act and that an appeal with condoned delay is deemed pending, setting aside the rejection of the petitioner's declaration.

tax appeal_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 disputed interest Section 234A Section 234B

Prakash Dattatrey Khandekar & Ors. v. The State of Maharashtra & Ors.

25 Feb 2021 · Sadhana S. Jadhav; N. J. Jamadar

The Bombay High Court upheld the convictions of seventeen accused for murder and related offences as members of an unlawful assembly acting with a common murderous intent, rejecting challenges based on inconsistencies, delayed statements, and non-explanation of minor injuries.

criminal appeal_dismissed Significant unlawful assembly Section 149 IPC homicide grievous injury

Jagdish Raghunath Mankar v. The State of Maharashtra

24 Feb 2021 · Sandeep K. Shinde

The Bombay High Court quashed the appellant's conviction under Section 417 IPC for cheating by concealment of marital status, holding that mere nondisclosure without dishonest intent is insufficient for conviction when sexual relations were consensual.

criminal appeal_allowed Significant Section 417 IPC cheating consent sexual intercourse

Ravi Narsappa Mehtre v. The State of Maharashtra

24 Feb 2021 · S.S. Shinde; M.S. Karnik

The Bombay High Court reduced the forfeiture of remission imposed on a life convict for late surrender after parole, holding that the punishment must be proportionate considering medical grounds and administrative delays.

criminal petition_allowed Significant parole remission forfeiture late surrender proportionate punishment