High Court of Bombay

5,061 judgments

Year:

Shobha Gurunath Mali & Ors. v. State of Maharashtra

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

The Bombay High Court upheld the life conviction of accused no.2 for the homicidal death of his wife by throttling, acquitted others of murder but convicted them for giving false information under section 201 IPC, rejecting the suicide defence due to lack of corroboration.

criminal appeal_partly_allowed Significant murder circumstantial evidence compression of neck throttling

Faiyaz @ Baba Arif Zariwala v. State of Maharashtra

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

The Bombay High Court upheld the conviction of accused for rape under section 376 IPC, rejected delay and non-disclosure defenses, and enhanced the sentence to the statutory minimum, emphasizing the need for stringent punishment in sexual assault cases.

criminal appeal_allowed Significant rape section 376 IPC delay in FIR victim testimony

The State of Maharashtra v. Rajesh Sadashiv Dhaware & Ors.

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

The High Court upheld the acquittal of accused in a dowry death case, holding that prosecution failed to prove cruelty or dowry demand beyond reasonable doubt and the dying declaration was unreliable.

criminal appeal_dismissed Significant dowry death Section 304B IPC Section 498A IPC dying declaration

Tanaji Maruti Kolekar v. The State of Maharashtra

08 Dec 2020 · Sadhana S. Jadhav; N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the appellant for murder and related offences based on a complete and cogent chain of circumstantial evidence including forged documents, incriminating conduct, and discovery of the body and weapon.

criminal appeal_dismissed Significant circumstantial evidence murder forgery power of attorney

Raju Laxman Pachhapure v. Union of India

08 Dec 2020 · Ujjal Bhuyan; Abhay Ahuja
Cites 0 · Cited by 1

The Bombay High Court dismissed writ petitions challenging excise duty demand, holding that statutory appeal remedies under the CGST Act must be exhausted before invoking writ jurisdiction.

administrative petition_dismissed Significant Article 226 Central Excise Act, 1944 Pan Masala Rules excise duty demand

Hitesh Hemant Malhotra v. State of Maharashtra

07 Dec 2020 · Sandeep K. Shinde

The Bombay High Court granted bail to the accused in an NDPS case holding that the weight of paper carrying dried LSD drops is not to be counted towards commercial quantity, thus Section 37 rigors do not apply.

criminal appeal_allowed Significant NDPS Act LSD quantity commercial quantity mixture definition

The State of Maharashtra v. Eknath Bhila Khairnar

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

The Bombay High Court upheld the acquittal of the accused in a murder case, holding that the prosecution failed to prove the oral dying declaration and other evidence beyond reasonable doubt.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder oral evidence

Sanjay Dhondu Manchekar v. The State of Maharashtra

04 Dec 2020 · A.S. Gadkari

The Bombay High Court upheld the conviction for cheating under Section 420 IPC based on proved inducement and dishonor of promise but reduced the sentence from five to three years considering mitigating factors.

criminal appeal_partly_allowed Significant Section 420 IPC Cheating Deed of Guarantee Memo of Acceptance of Liability

Umesh Navnitlal Shah HUF v. Income Tax Officer – Circle 18(3)(5)

04 Dec 2020 · M.S. Sonak; Jitendra Jain · (2021) 435 ITR 220 (Bombay)
Cites 0 · Cited by 1

The Bombay High Court held that the petitioner’s case was a non-search case requiring computation of disputed tax at 100% under the DTVSV Act and rejected belated additional grounds challenging LTCG additions, directing issuance of revised tax computation accordingly.

tax appeal_allowed Significant Direct Tax Vivad Se Vishwas Act, 2020 disputed tax non-search case search case

Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. v. Central Railway

03 Dec 2020 · S.J. Kathawalla; Madhav J. Jamdar

The Bombay High Court quashed the arbitrary refusal by Central Railway to grant a No-Objection Certificate for redevelopment, directing issuance of the NOC after joint surveys confirmed no encroachment on railway land.

administrative petition_allowed Significant No-Objection Certificate Railway land boundary Joint survey and demarcation Article 226

Yogesh Waman Athavale v. Vikram Abasaheb Jadhav

03 Dec 2020 · S.S. Shinde; V.G. Bisht
Cites 1 · Cited by 0

The Bombay High Court held that mere judicial errors or negligence do not amount to contempt unless there is willful disobedience, and dismissed a contempt petition against a subordinate judge for not following binding precedents.

administrative petition_dismissed Significant contempt of court willful disobedience binding precedent judicial officer

The State of Maharashtra v. Amar Dnyaneshwar Dhake & Amit Vilas Pardeshi

02 Dec 2020 · Prasanna B. Varale; V. G. Bisht
Cites 0 · Cited by 2

The Bombay High Court upheld the acquittal of accused in a murder case due to failure of the prosecution to prove guilt beyond reasonable doubt, emphasizing the unreliability of eyewitness testimony and lack of corroboration.

criminal appeal_dismissed Section 302 IPC Homicide Acquittal Reasonable doubt

The State of Maharashtra v. Sadhana Suresh Jadhav & Ors.

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

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused in a dowry death case due to unreliable dying declarations and insufficient prosecution evidence.

criminal appeal_dismissed Significant dying declaration Section 302 IPC Section 498A IPC Section 34 IPC

Faiyyaz Mullaji v. The Secretary, Urban Development Department and Ors.

02 Dec 2020 · Dipankar Datta, CJ; M. S. Karnik, J

The Bombay High Court held that additional FSI granted for construction of a star graded hotel in the No Development Zone was unauthorized under the applicable Development Control Regulations, allowing the PIL challenging such permissions to proceed.

administrative other Significant No Development Zone Development Control Regulations Floor Space Index Star Graded Hotel

Vinita Umesh Singh v. The Administrator, Dadra & Nagar Haveli

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

The Bombay High Court held that the requirement to have studied Class VIII within the Union Territory for MBBS admission priority is arbitrary and must be read down to include candidates like the petitioner who studied Class VIII outside but Classes IX to XII within the Union Territory, upholding merit and equality under Article 14.

constitutional petition_allowed Significant Article 14 Admission policy Medical college admission NEET

Osho International Foundation v. Mr. Kishor Raval alias Swami Anandi

30 Nov 2020 · G. S. Kulkarni; Firdosh P. Pooniwalla
Cites 0 · Cited by 2

The Bombay High Court upheld the Charity Commissioner's rejection of a public trust's application to sell immovable property, affirming the Commissioner's inquisitorial powers to order a special audit and emphasizing the necessity of genuine financial need for alienation under the Maharashtra Public Trusts Act.

administrative petition_dismissed Significant Maharashtra Public Trusts Act, 1950 Section 36 Section 33 Charity Commissioner

Mistry Park CHS Ltd. v. Dr. Bharat Prem Shivdasani & Dr. Haresh Prem Shivdasani

28 Nov 2020 · Sandeep V. Marne

The Bombay High Court upheld the Registrar's orders granting regular membership to garage occupants in a Co-operative Housing Society, interpreting 'flat' broadly under the amended Maharashtra Co-operative Societies Act, 1960, and rejecting the Society's jurisdictional and bye-law objections.

civil petition_dismissed Significant Co-operative Housing Society Membership Nominal member Regular member

Rohit Sidram Khatal v. The Commissioner of Police

27 Nov 2020 · S.S. Shinde; M.S. Karnik

The Bombay High Court quashed a preventive detention order due to unexplained delay in considering the detenu's representation and substantial mistranslations violating his constitutional right under Article 22(5).

constitutional petition_allowed Significant preventive detention Article 22(5) Constitution of India representation delay translation discrepancies

The State of Maharashtra v. Pradeep Krishna Bhise

26 Nov 2020 · Prasanna B. Varale; V. G. Bisht

The High Court upheld the acquittal of the accused in a murder case due to unreliable ocular evidence and a dying declaration not proved to be voluntary or credible.

criminal appeal_dismissed Significant dying declaration Section 302 IPC homicidal death ocular evidence

The State of Maharashtra v. Jayant Nanasaheb Salve

26 Nov 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a sexual offence case due to the prosecution's failure to prove the prosecutrix's minority and absence of consent beyond reasonable doubt.

criminal appeal_dismissed Significant minority proof sexual offence consent medical jurisprudence