High Court of Bombay

5,131 judgments

Year:

Udal Harishchandra Nanak v. The State of Maharashtra

03 Feb 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC on the ground of grave and sudden provocation by the deceased.

criminal appeal_allowed Significant murder culpable homicide grave and sudden provocation Section 302 IPC

Santosh Mahadev Atkar v. The State of Maharashtra

02 Feb 2021 · Revati Mohite Dere

The Bombay High Court upheld the conviction for culpable homicide not amounting to murder, rejecting the appellant’s claim of grave and sudden provocation and affirming the reliability of extra-judicial confessions and child witness evidence.

criminal appeal_dismissed Significant extra-judicial confession child witness grave and sudden provocation Section 304 Part II IPC

Shri Sunil Pralhad Khomane & Ors v. M/s. Bajaj Auto Ltd.

01 Feb 2021 · S.C. GUPTE

The court held that rotational employment of temporary workmen for perennial work with artificial breaks to deny permanency amounts to retrenchment not covered by the fixed-term contract exception, and Labour Courts can consider unfair labour practice and permanency claims in industrial disputes.

labor appeal_allowed Significant retrenchment temporary workmen rotational employment permanency

Pandurang Keshav Jamble v. The State of Maharashtra

01 Feb 2021 · Sandeep K. Shinde

The High Court acquitted a revenue officer accused of accepting illegal gratification, holding that the prosecution failed to prove the payment was other than legitimate fees prescribed under statutory rules.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 illegal gratification legitimate fees Maharashtra Land Revenue Rules

Aniket SA Investments LLC v. Janapriya Engineers Syndicate Private Limited

29 Jan 2021 · S.J. Kathawalla; R.I. Chagla
Cites 2 · Cited by 0

The Bombay High Court has exclusive jurisdiction over arbitration proceedings as Mumbai is the seat of arbitration, overruling concurrent jurisdiction claims by Hyderabad courts.

commercial_arbitration appeal_allowed Significant seat of arbitration exclusive jurisdiction Section 9 Arbitration Act BALCO judgment

Kiran Gems Private Limited v. Union of India and Ors.

29 Jan 2021 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that the CAG and its audit wing cannot audit a private company’s accounts under Section 16 of the CAG’s (DPC) Act without statutory authority or sanction, quashing the impugned audit notice.

administrative petition_allowed Significant CAG audit jurisdiction Section 16 CAG’s (DPC) Act special audit private company audit

Chandrakant Bhikaji Walawalkar & Ors. v. The State of Maharashtra

29 Jan 2021 · Sandeep K. Shinde
Cites 1 · Cited by 0

The High Court set aside the conviction under Section 307 IPC due to insufficient and contradictory circumstantial evidence, emphasizing the necessity of a complete chain of circumstances and motive for conviction.

criminal appeal_allowed Significant Section 307 IPC attempt to murder circumstantial evidence motive

Jan Mukti Morcha v. State of Maharashtra & Ors.

29 Jan 2021 · Alok Aradhe, CJ; Sandeep V. Marne, J.
Cites 2 · Cited by 0

The Bombay High Court upheld the State Government's policy decision to establish the Balasaheb Thackeray Memorial at the Mayor's Bungalow site, dismissing challenges to procedural and legislative actions as lawful and non-arbitrary.

administrative petition_dismissed Significant public interest litigation Balasaheb Thackeray Rashtriya Smarak Mayor's Bungalow Mumbai Municipal Corporation Act, 1888

Reliance General Insurance Co. Ltd v. Colonial Life Insurance Company

28 Jan 2021 · S.C. GUPTE; SURENDRA P. TAVADE

The Bombay High Court held that the mandatory 120-day timeline for filing written statements under the Commercial Courts Act does not apply to suits transferred as commercial suits under Section 15, granting courts discretion to prescribe new timelines.

civil appeal_dismissed Significant Commercial Courts Act, 2015 Section 15 transfer of pending suits written statement

Sanjay Ghodawat University v. Commissioner of Income Tax (Exemptions)

28 Jan 2021 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that the Commissioner cannot condone delay in filing exemption applications under section 10(23C)(vi) beyond 30th September without CBDT authorization but must consider timely applications for subsequent years.

tax appeal_allowed Significant Income Tax Act 1961 Section 10(23C)(vi) Exemption application Form No.56Di

Kumar Builder & Ors. v. Kumar City Residents Co-Operative Housing Society Ltd. & Ors.

28 Jan 2021 · C.V. Bhadang
Cites 1 · Cited by 0

The Bombay High Court held that a separate suit challenging a consent decree on grounds of fraud is barred under Order XXIII Rule 3A CPC, and such challenges must be made before the court which passed the decree.

civil appeal_allowed Significant Order XXIII Rule 3A CPC Consent decree Fraud on court Fraud on party

M/s. Code Engineers Private Limited v. Union of India

28 Jan 2021 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that the designated committee under the Sabka Vishwas Scheme must independently verify pre-deposits beyond prior adjudicatory findings and remanded the matter for fresh consideration after quashing the impugned order.

tax appeal_allowed Significant Sabka Vishwas Scheme Legacy Dispute Resolution designated committee pre-deposit

Raju Shantaram Kakphale v. State of Maharashtra

27 Jan 2021 · Sandeep K. Shinde

The Bombay High Court acquitted a court peon of corruption charges due to lack of clear evidence of demand and acceptance of illegal gratification and inadmissibility of electronic evidence without proper certification.

criminal appeal_allowed Significant Prevention of Corruption Act illegal gratification demand and acceptance electronic evidence

Suruna Bothra Associates v. Rakesh Motilal Sharma

25 Jan 2021 · Sandeep K. Shinde

The Bombay High Court set aside a temporary injunction granted on an adverse possession claim due to lack of prima facie evidence of settled possession and held that possession traceable to encroachment cannot be protected by injunction.

civil appeal_allowed Significant temporary injunction adverse possession settled possession encroachment

The State of Maharashtra v. Eknath Rajaram Pawar & Ors.

22 Jan 2021 · K.R. Shriram

The Bombay High Court upheld the acquittal of accused in a cruelty and abetment of suicide case due to lack of specific evidence and absence of proximate nexus between alleged cruelty and suicide.

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

The State of Maharashtra v. Ravindra Ananda Mhatre & Ors.

22 Jan 2021 · Prasanna B. Varale; S. M. Modak

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused in a murder case due to insufficient evidence proving homicidal death beyond reasonable doubt.

criminal appeal_dismissed Section 302 IPC murder circumstantial evidence last seen together

State of Maharashtra v. Shri Hajimalang Lalasaheb Mulla & Ors.

19 Jan 2021 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a robbery and assault case due to contradictions in prosecution evidence and failure to prove guilt beyond reasonable doubt.

criminal appeal_dismissed robbery assault identification FIR discrepancies

Satish Chandrakant Dixit v. State of Maharashtra

19 Jan 2021 · Prasanna B. Varale; V. G. Bisht · 2014 ALL MR (Cri) 1384
Cites 2 · Cited by 0

The Bombay High Court modified the conviction of appellant Suyash from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, acquitted Satish of assault charges, and emphasized the importance of intention and sudden fight in distinguishing murder from culpable homicide.

criminal appeal_allowed Significant Section 300 IPC Exception 4 culpable homicide not amounting to murder sudden fight heat of passion

Suresh Damodar Kagane v. The State of Maharashtra

19 Jan 2021 · Sandeep K. Shinde, J.

The Bombay High Court acquitted a deceased Sales Tax Officer of corruption and fraud charges, holding that unreliable approver evidence and mere procedural lapses cannot sustain conviction under IPC and Prevention of Corruption Act.

criminal appeal_allowed Significant approver evidence pardon procedural irregularity sales tax fraud

The State of Maharashtra v. Fatima Mahamad Shaikh & Ors.

19 Jan 2021 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a dowry death case, relying on the dying declaration and lack of credible evidence of cruelty or harassment for dowry demands.

criminal appeal_dismissed Significant dowry death Section 498-A IPC Section 304-B IPC cruelty