High Court of Bombay

5,061 judgments

Year:

Satish Ganpatrao Suryavanshi v. State of Maharashtra

18 Dec 2020 · Prakash D. Naik, J.
Cites 2 · Cited by 0

The Bombay High Court acquitted the accused in a bribery case due to failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt and invalid sanction for prosecution.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 7 PC Act Section 13(1)(d) PC Act demand and acceptance of bribe

State Bank of India v. State of Maharashtra & Ors.

17 Dec 2020 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that secured creditors have priority over State sales tax dues under Sections 31-B of the RDB Act and 26-E of the SARFAESI Act, quashing the Sales Tax Department's attachment on mortgaged property.

civil petition_allowed Significant secured creditor priority SARFAESI Act Recovery of Debts and Bankruptcy Act Maharashtra Value Added Tax Act

Welcome Augusten Mascaren v. The State of Maharashtra

17 Dec 2020 · R. D. Dhanuka; Madhav J. Jamdar

The Bombay High Court held that a government recruitment ban does not apply to appointments made pursuant to recruitment processes initiated before the ban, extending this principle to non-teaching staff and setting aside the cancellation of approval for such appointment.

administrative petition_allowed Significant Government Resolution Recruitment Ban Junior Clerk Appointment Approval Cancellation

Ocean Sparkle Limited v. Oil and Natural Gas Corporation Ltd

17 Dec 2020 · G.S. Kulkarni
Cites 0 · Cited by 1

The Bombay High Court directed ONGC to deposit undisputed invoice amounts and restrained invocation of the performance bank guarantee pending arbitration, holding that unliquidated damage claims cannot justify withholding payment after contract completion.

civil petition_allowed Significant Section 9 Arbitration and Conciliation Act performance bank guarantee unliquidated damages interim relief

Ajay Bipinchandra Jhaveri & Anr. v. Sanjay Pandurang Kalate & Ors.

16 Dec 2020 · C.V. Bhadang

The Bombay High Court held that an agreement of sale without transfer or agreement to transfer physical possession does not amount to a conveyance under the Maharashtra Stamp Act, and objections to insufficient stamping cannot be raised after the document is admitted in evidence.

civil petition_dismissed Significant Maharashtra Stamp Act Explanation (I) to Article 25 agreement of sale conveyance

Dilip Mohan Desai v. State of Maharashtra

16 Dec 2020 · R. D. Dhanuka; Madhav J. Jamdar

The Bombay High Court held that government resolutions banning appointments of non-teaching staff do not apply retrospectively to invalidate appointments made prior to their issuance and directed inclusion of the petitioner’s name in the government registry with all benefits.

administrative petition_allowed Significant government resolution retrospective operation non-teaching staff appointment Shalarth Pranali

Damu Deoram Bhosale v. Maharashtra State Boar Development Corporation

16 Dec 2020 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court dismissed a writ petition seeking directions against a private contractor for encroachment and debris dumping on agricultural land, holding that such private disputes must be resolved through civil suits and not writ jurisdiction.

constitutional petition_dismissed Significant Article 226 writ petition private dispute property rights

Rajesh Jagan Karote & Ors. v. State of Maharashtra & Ors.

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

The Bombay High Court upheld convictions for dowry death and cruelty under sections 304B and 498A IPC, affirming the presumption of dowry death where a woman dies within seven years of marriage under suspicious circumstances linked to dowry harassment.

criminal appeal_partly_allowed Significant dowry death section 304B IPC section 498A IPC cruelty and harassment

Mumbai V. Konkan Vibhagiya Mahila Aydyogik Utpadak Sahakari Sanstha Mahasangh Ltd. v. State of Maharashtra and Ors.

15 Dec 2020 · R. D. Dhanuka; Madhav J. Jamdar

The Bombay High Court upheld the validity of Maharashtra's tender conditions for supplementary nutrition supply under ICDS, dismissing the petitioner’s challenge for lack of arbitrariness or malafides.

administrative petition_dismissed Significant Tender conditions Women Self Help Groups Take Home Ration Hot Cooked Meal

Essdee Industries v. Esbee Eectrotech LLP

14 Dec 2020 · S.C. GUPTE, J.

The High Court held that a trial court retains jurisdiction to allow withdrawal of a composite suit involving trademark and design infringement despite a defence under Section 19 of the Designs Act, and the suit need not be transferred to the High Court immediately.

civil petition_dismissed Significant Designs Act 2000 Section 19 Designs Act Section 22(4) Designs Act Composite suit

Satpalsingh Surajsingh Bawari v. The State of Maharashtra

14 Dec 2020 · Revati Mohite Dere

The Bombay High Court allowed recall of prosecution witnesses for cross-examination under Section 311 Cr.P.C to safeguard the accused’s right to a fair trial after he was not produced during evidence and suffered prejudice due to ineffective earlier counsel.

criminal appeal_allowed Significant Section 311 CrPC Section 273 CrPC recall of witnesses right to be present

Kartik Kumar Naidu v. State of Maharashtra and Anr.

13 Dec 2020 · Milind N. Jadhav
Cites 1 · Cited by 2

The Bombay High Court granted bail to the applicant in a sexual assault and cheating case, holding that consent obtained under a false pretext of marriage is inapplicable when both parties are married, and that the prolonged consensual relationship negates the allegation of force.

criminal appeal_allowed Significant bail application Section 376 IPC consent false pretext of marriage

Elizabeth Benjamin Joseph v. The State of Maharashtra

11 Dec 2020 · Anuja Prabhudessai

The Bombay High Court held that a government-imposed recruitment ban does not apply to appointments where the recruitment process commenced prior to the ban, especially in Minority Educational Institutions protected under Article 30, and quashed the refusal to approve such an appointment.

administrative appeal_allowed Significant recruitment ban Minority Educational Institution Article 30 sanctioned post

Kashish Park Reality Private Limited v. The State of Maharashtra

11 Dec 2020 · Anuja Prabhudessai

The Bombay High Court held that the Competent Authority under MOFA cannot issue corrigenda effecting substantive changes without statutory power or notice, and that registration of deemed conveyance without following statutory procedure is illegal.

civil petition_allowed Significant Maharashtra Ownership of Flats Act, 1963 deemed conveyance corrigendum competent authority

Ravindra Hemraj Dhangekar v. Ganesh Madhukar Bidkar & Ors.

11 Dec 2020 · A.A. Sayed; S.G. Dige

The Bombay High Court held that only an elected Councillor, not a nominated Councillor, is eligible to be appointed as Leader of the House under section 19-1A of the Maharashtra Municipal Corporation Act, 1949, quashing the appointment of a nominated Councillor to that post.

administrative petition_allowed Significant Maharashtra Municipal Corporation Act, 1949 Leader of the House elected Councillor nominated Councillor

Vishwanath Sahadu Wakhare & Ors. v. The State of Maharashtra & Ors.

11 Dec 2020 · Sandeep V. Marne

The Bombay High Court held that land converted to old tenure under the Watan Abolition Act is transferable without permission, and a belated challenge to mutation entries certifying such sale after 42 years is barred by limitation and res judicata.

property petition_allowed Significant Watan Abolition Act old tenure Maharashtra Land Revenue Code Section 59(b)

Vikrant Angolkar v. The State of Maharashtra

10 Dec 2020 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court held that offences under the Essential Commodities Act punishable with imprisonment of three years or more are cognizable and non-bailable, rejecting anticipatory bail applications of accused involved in diversion of PDS rice for export.

criminal appeal_dismissed Significant Essential Commodities Act, 1955 anticipatory bail bailability economic offences

Ravindra Valmik Konkar v. The Registrar of Trade Unions

09 Dec 2020 · Anuja Prabhudessai

The High Court held that the Registrar of Trade Unions cannot adjudicate election disputes and must grant consent for referral to the Industrial Court after a summary inquiry, quashing the refusal of consent in this case.

administrative appeal_allowed Significant Trade Unions Act, 1926 Section 28-1A Registrar of Trade Unions Industrial Court

Michael Gabriel v. Dattaram Kashiram Ambre & Ors.

09 Dec 2020 · C.V. Bhadang

The Bombay High Court held that notice and hearing are required before condoning delay in filing an application under Section 340 Cr.P.C., even though no notice is needed before initiating such proceedings.

criminal petition_dismissed Significant Section 340 Cr.P.C. condonation of delay notice requirement preliminary inquiry

Akhil Bharat Krishi Go Seva Sangh v. State of Maharashtra

09 Dec 2020 · M. S. Sonak; Jitendra Jain

The Bombay High Court dismissed the writ petition seeking payment of disputed government grants for fodder camps, holding that serious factual disputes require trial and cannot be resolved under summary writ jurisdiction.

administrative petition_dismissed Significant writ petition Article 226 disputed questions of fact mandamus