High Court of Bombay

5,131 judgments

Year:

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

Rambhau Baban Marne & Ors. v. State of Maharashtra & Ors.

12 Feb 2021 · Sandeep K. Shinde

The Bombay High Court set aside the conviction under Section 323 IPC due to inconsistent and unreliable prosecution evidence creating reasonable doubt about the appellants' guilt.

criminal appeal_allowed Significant Section 323 IPC Section 34 IPC reasonable doubt prosecution evidence

The State of Maharashtra v. Mangala Shankar Chinchawade

12 Feb 2021 · K.R. Shriram
Cites 2 · Cited by 0

The Bombay High Court upheld the acquittal of a court clerk charged with bribery under the Prevention of Corruption Act, emphasizing the necessity of proving demand and acceptance beyond reasonable doubt and refusing to disturb the trial court's order in absence of compelling reasons.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 7 Section 13(1)(d) bribery

The State of Maharashtra v. Rajendra Sadashiv Avati; Shanta Sadashiv Avati; Sanjay Sadashiv Avati

12 Feb 2021 · K.R. Shriram

The High Court upheld the acquittal of accused in a cruelty and abetment of suicide case, holding that prosecution failed to prove unlawful demand or nexus between cruelty and suicide beyond reasonable doubt.

criminal appeal_dismissed Significant Section 498A IPC Section 306 IPC Cruelty Abetment of suicide

Kabir Singh Chowdhry v. Sapna Moti Bhavnani & Ors.

11 Feb 2021 · G. S. Patel

The Bombay High Court dismissed the interim application of Kabir Singh Chowdhry seeking recognition as co-producer and joint copyright owner of the documentary film Sindhustan, holding that unpaid creative contributions do not suffice to establish producer status or joint authorship under the Copyright Act.

intellectual_property petition_dismissed Significant Copyright Act 1957 producer definition mandatory injunction interlocutory relief

Zeeshan Mehdi v. The Union of India

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

The Bombay High Court held that the Central Registrar has no jurisdiction to adjudicate election disputes of multi-State co-operative societies or act as arbitrator, and the RBI lacks power to direct such review, quashing the impugned orders.

administrative petition_allowed Significant Multi State Co-operative Societies Act, 2002 Section 84 arbitration Central Registrar jurisdiction Reserve Bank of India powers

Sabareesh Pallikere v. Jurisdictional Designated Committee

11 Feb 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that admission of service tax liability before the cut-off date constitutes quantification under the Sabka Vishwas Scheme, and rejection of declaration without hearing is violative of natural justice.

administrative appeal_allowed Significant Sabka Vishwas Scheme service tax liability quantification written communication

Sharanappa Chandramappa Hegde v. The State of Maharashtra

10 Feb 2021 · Sunil B. Shukre; Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court held that a librarian appointed before 23 October 1992 is entitled to UGC pay scale upon acquiring requisite qualifications, invalidated his forced retirement at 58 years, and ordered reinstatement with full benefits until age 60.

administrative appeal_allowed Significant UGC pay scale Librarian qualification NET/SET exemption Government Resolution

Sumedha Sushil Sawal v. State of Maharashtra

06 Feb 2021 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 2

The Bombay High Court quashed the refusal of approval to a teacher's appointment made after the Education Department failed to respond timely to the management's request, affirming that managements may proceed with recruitment following due procedure in such circumstances.

administrative appeal_allowed Significant appointment approval education department school management reservation backlog

Samta Nagar Co-operative Housing Societies Union Limited v. Municipal Corporation of Greater Mumbai

05 Feb 2021 · R. D. Dhanuka; Madhav J. Jamdar

The Bombay High Court held that redevelopment projects under Regulation 33(5) are entitled to exemptions from premium for free of FSI areas under Regulation 33(10), quashing the Municipal Corporation's demand for such premium and ordering refund of amounts paid.

administrative petition_allowed Significant Development Control Regulations 1991 Regulation 33(5) Regulation 33(10) Free of FSI area

Uttam s/o Ganpat Ajgekar v. The State of Maharashtra

05 Feb 2021 · SANDEEP K. SHINDE J.

The Bombay High Court quashed the conviction under the Prevention of Corruption Act due to invalid previous sanction granted by an incompetent and biased authority, causing failure of justice.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 19 sanction competent authority previous sanction

Ajit Bhagwan Patil v. State of Maharashtra

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

The Bombay High Court set aside the Minister's order suspending a Municipal Corporation resolution for lack of recorded reasons under Section 451(1) of the Maharashtra Municipal Corporation Act and directed a fresh decision after hearing all parties.

administrative appeal_allowed Significant Maharashtra Municipal Corporation Act, 1949 Section 451(1) Nominated Councillors Municipal Corporation resolution

Shri Haresh S. Bhanushali v. Union of India

05 Feb 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court allowed the writ petition directing release of a seized transport vehicle on modified, reasonable conditions, holding that failure to issue timely show cause notice violated statutory provisions under the Customs Act.

administrative petition_allowed Significant Customs Act, 1962 Seizure of vehicle Provisional release Show cause notice

Sector No.4, Sanpada, Navi Mumbai v. The State of Maharashtra

04 Feb 2021 · Sandeep K. Shinde

The Bombay High Court suspended the sentence and granted bail to a 19-year-old appellant convicted of raping his minor cousin, emphasizing the victim's retraction and absence of forensic evidence pending final appeal.

criminal appeal_allowed Significant POCSO Act Section 376 IPC Section 164 CrPC retraction of statement

Kamalabai Deelip Deore v. State of Maharashtra

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

The High Court confirmed the conviction of the wife for homicidal death by throttling based on circumstantial evidence but acquitted the daughter due to lack of proof of presence at the crime scene.

criminal appeal_partly_allowed Significant Section 302 IPC circumstantial evidence throttling Indian Evidence Act Section 8

Aasiya Mahamadyunnus Gavandi v. District Caste Certification Verification Committee & State of Maharashtra

04 Feb 2021 · S. J. Kathawalla; Vinay Joshi

The Bombay High Court allowed a writ petition directing issuance of a caste validity certificate to a Muslim Momin petitioner, holding that absence of pre-1967 documents is not fatal and proper weight must be given to Vigilance Cell reports in caste claims.

administrative petition_allowed Significant caste certificate Muslim Momin caste Other Backward Class Vigilance Cell report

Oriental Insurance Company Ltd. v. Sadhana Devidas Gujarathi

03 Feb 2021 · Prithviraj K. Chavan

The Bombay High Court upheld the insurer's liability to pay compensation for a fatal motor accident despite cancellation of the insurance policy post-accident due to dishonoured premium cheque, affirming the principle that insurer's liability to third parties survives such cancellation.

civil appeal_dismissed Significant motor vehicle accident insurance policy cancellation premium cheque dishonour third party liability