High Court of Bombay

5,061 judgments

Year:

Karmaveer Tulshiram Autade & Ors. v. The State Election Commission & Ors.

04 Jan 2021 · DIPANKAR DATTA CJ; A.S. GADKARI; G.S. KULKARNI
Cites 2 · Cited by 0

The Bombay High Court held that writ petitions under Article 226 challenging rejection of nomination papers in Panchayat elections are not maintainable due to the constitutional bar under Article 243-O(b), and the exclusive remedy lies in filing an election petition after the election.

constitutional petition_dismissed Significant writ petition Article 226 rejection of nomination Gram Panchayat elections

Karmaveer Tulshiram Autade & Ors. v. The State Election Commission & Ors.

04 Jan 2021 · DIPANKAR DATTA CJ; A.S. GADKARI; G.S. KULKARNI
Cites 2 · Cited by 0

The Bombay High Court held that writ petitions under Article 226 challenging rejection of nomination papers in Gram Panchayat elections are not maintainable due to the bar under Article 243-O(b) and statutory provisions, restricting election disputes to post-election election petitions.

constitutional petition_dismissed Significant Article 243-O(b) Constitution writ petition maintainability rejection of nomination papers Gram Panchayat elections

Shivaji Laxman Wadkar v. Election Returning Officer

04 Jan 2021 · R. D. Dhanuka; Madhav J. Jamdar

The Bombay High Court held that writ petitions challenging election-related quasi-judicial orders under the Maharashtra Village Panchayats Act must be heard by a Division Bench and that statutory disqualification periods apply prospectively, dismissing the petitions against the respondent's election nomination.

administrative appeal_dismissed Significant Article 226 Bombay High Court Appellate Side Rules Maharashtra Village Panchayats Act disqualification

Annu Pyarelal Sinsinwar v. Union Territory of Dadra and Nagar Haveli and Daman and Diu

04 Jan 2021 · Dipankar Datta, C.J.; G. S. Kulkarni, J.
Cites 1 · Cited by 0

The Bombay High Court held that seats reverted from the All India Quota must be filled solely on merit, quashing the application of domicile-based priority criteria to such seats and directing admission of a meritorious candidate with creation of an additional seat.

education petition_allowed Significant NEET admission All India Quota State quota Medical Council of India Regulations

Prabhakar Yashwant Salve v. The Chief Engineer

31 Dec 2020 · S. S. Shinde; Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court dismissed a writ petition seeking correction of date of birth and extension of retirement date at the fag end of service, reaffirming that such corrections are generally impermissible after long acceptance of the original record.

service_law petition_dismissed Significant date of birth correction fag end of service service record superannuation

Mantelone Investment Ltd. v. Commissioner of Income-tax Mumbai – 3

28 Dec 2020 · K.R. Shriram; R.I. Chagla

The Bombay High Court held that interest granted under section 244A of the Income Tax Act prior to filing a declaration under the VSV Act is not recoverable, setting aside the demand for repayment of such interest under the VSV Act settlement.

tax petition_allowed Significant Direct Tax Vivad se Vishwas Act, 2020 Section 244A Income Tax Act disputed tax tax arrear

The State of Maharashtra v. Rajendra Nivrutti Butte & Ashok Tukaram Butte

22 Dec 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a rape case due to prosecution's failure to prove the victim's minority, mental retardation, and the accused's guilt beyond reasonable doubt.

criminal appeal_dismissed rape minor mental retardation Section 376(2)(g) IPC

Laxman @ Kaka Yallappa Jadhav v. The Commissioner of Police

22 Dec 2020 · S.S. Shinde; M.S. Karnik

The Bombay High Court quashed the preventive detention order against the petitioner, holding that his alleged offences did not amount to disturbance of public order required to justify detention under the Maharashtra Prevention of Dangerous Activities Act.

criminal petition_allowed Significant preventive detention public order law and order Maharashtra Prevention of Dangerous Activities Act, 1981

Bhalchandra Vasudeo Rao and Ors. v. The Municipal Corporation of Greater Mumbai

22 Dec 2020 · Sandeep K. Shinde

The Bombay High Court dismissed the appeal against the trial court's refusal to protect an unauthorized structure lacking valid permission and credible proof of prior existence, upholding its removal under municipal law.

property appeal_dismissed unauthorized construction Section 351 Mumbai Municipal Corporation Act interim injunction datum line

Anax Industries Pvt. Ltd. v. Micro Logistics (I.) Pvt. Ltd.

22 Dec 2020 · Sandeep K. Shinde

The Bombay High Court held that freight forwarding agents cannot withhold bills of lading by exercising a general lien without express contract and must release goods upon payment of freight charges specifically made for the consignment.

civil appeal_allowed Significant freight forwarding agent bill of lading mandatory injunction Indian Contract Act 1872

Rakesh Dattatray Rindhe v. The State of Maharashtra

22 Dec 2020 · Sadhana S. Jadhav; N.J. Jamadar

The High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, recognizing grave and sudden provocation and heat of passion.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC culpable homicide murder

State of Maharashtra v. Saifulla Mohammad Aktar Shaikh & Sau. Sugara Mehemood Alam Sayyad

22 Dec 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a rape case due to failure of prosecution to prove the prosecutrix's minority and absence of reliable evidence excluding consensual intercourse.

criminal appeal_dismissed Significant rape prosecutrix testimony minor corroboration

Fabricship Pvt. Ltd. v. The Union of India & Ors.

22 Dec 2020 · K.R. Shriram; Jitendra Jain

The Bombay High Court held that transportation of exempted imported machinery to the owner's own factory without an e-way bill attracts a limited penalty of Rs.25,000/- under MGST Act, rejecting the imposition of penalty based on tax payable.

tax appeal_allowed Significant Maharashtra Goods and Services Tax Act, 2017 Section 129 penalty exempt supply e-way bill

Fabricship Pvt. Ltd. v. The Union of India & Ors.

22 Dec 2020 · K.R. Shriram; Jitendra Jain
Cites 0 · Cited by 3

The court held that transportation of exempted imported machinery to the petitioner's own factory does not attract GST, limiting penalty under Section 129(1)(a) to Rs.25,000 and modifying the impugned order accordingly.

tax appeal_allowed Significant Maharashtra Goods and Services Tax Act, 2017 Section 129 penalty e-way bill exempt supply

XYZ v. The State of Maharashtra

21 Dec 2020 · S. S. Shinde; M. S. Karnik

The Bombay High Court dismissed the appellant's bail plea in a sexual assault case involving a minor, holding that prima facie evidence and risk of tampering justified denial of bail.

criminal appeal_dismissed sexual assault minor bail prima facie evidence

Sunil Pandharinath Dhotre v. The Commissioner of Police, Nashik

21 Dec 2020 · S.S. Shinde; M.S. Karnik

The Bombay High Court quashed a preventive detention order due to unexplained delay in communicating its confirmation and failure to place the detailed bail order before the detaining authority, violating constitutional safeguards.

criminal petition_allowed Significant preventive detention delay in communication confirmation of detention Article 22(5) Constitution

Directorate of Enforcement v. State of Maharashtra

21 Dec 2020 · Revati Mohite Dere
Cites 1 · Cited by 0

The Bombay High Court held that the Enforcement Directorate has no locus standi to intervene in closure report proceedings filed by the State police in a criminal case instituted on a private complaint.

criminal petition_dismissed Significant locus standi closure report Enforcement Directorate victim definition

Sangram Sawaant v. The State of Maharashtra

21 Dec 2020 · Dipankar Datta CJ; G. S. Kulkarni J.

The Bombay High Court upheld a municipal corporation's pre-qualification condition excluding contractors terminated for unsatisfactory performance from tenders, holding it lawful and not amounting to blacklisting absent due process.

administrative petition_dismissed Significant pre-qualification criteria tender conditions blacklisting principles of natural justice

Pidilite Industries Limited v. Riya Chemy

19 Dec 2020 · R.I. Chagla

The Bombay High Court granted interim injunction to Pidilite Industries restraining the defendant from using the deceptively similar R-SEAL mark and trade dress, holding it infringed the plaintiff's prior registered trademark M-SEAL and copyrights.

civil appeal_allowed Significant trademark infringement copyright infringement passing off trade dress

The State of Maharashtra v. Suabai Narhari Babar & Ors.

18 Dec 2020 · K.R. Shriram, J.; Meera Jadhav

The Bombay High Court upheld acquittal due to total non-compliance with mandatory procedural requirements under Section 42 of the NDPS Act, emphasizing strict adherence to safeguards in narcotics prosecutions.

criminal appeal_dismissed Significant NDPS Act Section 42 mandatory compliance search and seizure