High Court of Bombay

5,061 judgments

Year:

State of Maharashtra v. Sharad Ramdas Shelar

25 Nov 2020 · A. S. Gadkari

The Bombay High Court upheld the acquittal of accused in a dowry harassment and abetment to suicide case, holding that the prosecution failed to prove cruelty and that the presumption under Section 113-A Evidence Act is discretionary and not automatic.

criminal appeal_dismissed Significant Section 498-A IPC Section 306 IPC Section 113-A Evidence Act abetment of suicide

Suresh Angloswami Naidu v. The State of Maharashtra

25 Nov 2020 · A. S. Gadkari

The Bombay High Court partly allowed the appeal by modifying the appellant's conviction from aggravated penetrative sexual assault under Section 5(l) POCSO to penetrative sexual assault under Section 4 POCSO due to lack of proper charge framing, while upholding other convictions and sentences.

criminal appeal_partly_allowed Significant POCSO Act Section 4 POCSO Section 5(l) POCSO sexual assault

Shailesh Mulchand Savla v. The Chief Executive Officer, Slum Rehabilitation Authority & Ors.

25 Nov 2020 · Sandeep V. Marne

The Bombay High Court upheld the termination of the petitioner as Developer under section 13(2) of the Maharashtra Slum Areas Act for intentional delay and nonperformance in completing the Slum Rehabilitation Scheme, affirming the CEO/SRA and AGRC orders.

administrative appeal_dismissed Significant Section 13(2) Maharashtra Slum Areas Act Slum Rehabilitation Authority Developer termination Slum Rehabilitation Scheme

The State of Maharashtra v. Santosh @ Krushnadeo Yogiraj Kapse & Ors.

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

The Bombay High Court dismissed the State's appeal and upheld the acquittal of accused for lack of evidence proving cruelty, abetment of suicide, or murder in the death of the deceased.

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

The State of Maharashtra v. Nandu Pandu Kamble & Ors.

23 Nov 2020 · K.R. Shriram

The Bombay High Court upheld the acquittal of accused in a kidnapping and rape case, holding that the prosecution failed to prove the victim was under 16 years, and that the evidence indicated consensual intercourse and voluntary elopement.

criminal appeal_dismissed Significant kidnapping rape age of victim consent

Leena Rupesh Chinchagharkar v. State of Maharashtra & others

20 Nov 2020 · S.S. Shinde; Madhav Jamdar

The Bombay High Court directed immediate custody of an 18-month-old child to the mother under the Hindu Minority and Guardianship Act, enforcing a Magistrate's order via writ of habeas corpus despite pending challenges.

family petition_allowed Significant custody habeas corpus Hindu Minority and Guardianship Act child welfare

Gourang Anil Wakade v. Income Tax Officer

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

The Bombay High Court held that reassessment notices under Sections 148 and 148A of the Income Tax Act issued to a deceased person are void ab initio and cannot bind legal heirs.

tax petition_allowed Significant Section 148 Income Tax Act Section 148A Income Tax Act Notice to deceased person Natural justice

Crosseas Capital Services Pvt. Ltd. v. Securities and Exchange Board of India

11 Nov 2020 · M.S. Sonak; Jitendra Jain

The Bombay High Court dismissed writ petitions challenging SEBI show cause notices, holding that objections including res judicata and jurisdictional challenges must be decided together by the adjudicating authority without treating them as preliminary issues to prevent undue delay.

administrative petition_dismissed Significant SEBI show cause notice res judicata jurisdictional facts preliminary issues

The State of Maharashtra v. Anil Kohil

09 Nov 2020 · S. C. GUPTE; MADHAV J. JAMDAR

The Bombay High Court held that attachment proceedings under the MPID Act must be challenged before the designated court under that Act and not before the NCLT, which lacks jurisdiction over such matters despite insolvency proceedings under the I.B. Code.

administrative petition_allowed Significant MPID Act Insolvency and Bankruptcy Code NCLT jurisdiction attachment

Aaditya @ Sadanand Dilip Parab v. The State of Maharashtra

06 Nov 2020 · A. S. Gadkari

The Bombay High Court upheld the conviction and sentence of a married man for sexually assaulting a minor girl under the POCSO Act, affirming that consent of a child below 16 years is immaterial.

criminal appeal_dismissed Significant POCSO Act sexual assault minor consent immaterial

Vinod Jaysing Kashid v. The State of Maharashtra

05 Nov 2020 · Sadhana S. Jadhav; N.J. Jamadar

The Bombay High Court held that dying declarations recorded by police officers are admissible if truthful and voluntary, and reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC due to sudden fight and lack of premeditation.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 304 Part I IPC murder vs culpable homicide

Dhanaji Rambhau Satpute v. The State of Maharashtra

05 Nov 2020 · Sadhana S. Jadhav; N. J. Jamadar

The Bombay High Court upheld the conviction of a husband for murdering his wife by strangulation and setting her body on fire, relying on circumstantial evidence and the accused's failure to provide a plausible explanation.

criminal appeal_dismissed Significant circumstantial evidence homicidal death asphyxia strangulation

Irwin Edmund Sequeira and Ors. v. MV Karnika

05 Nov 2020 · N.J. Jamadar

The Bombay High Court held that expenses incurred by the P&I Correspondent for unpaid crew wages and necessities before court approval cannot be treated as Sheriff’s expenses payable with priority from sale proceeds without prior leave, and the claim must await final adjudication.

civil petition_dismissed Significant Sheriff’s expenses Admiralty law Maritime lien Crew wages

Aditya Sham Chaturvedi v. State of Maharashtra

04 Nov 2020 · A.S. Gadkari

The Bombay High Court upheld the conviction and sentence of a 20-year-old appellant for kidnapping a minor with intent to wrongfully confine him, rejecting his appeal and affirming the applicability of Sections 363 and 365 IPC.

criminal appeal_dismissed Significant kidnapping abduction minor lawful guardianship

JSW Steel Ltd. v. M/s. Paras Das Jain and Sons and 2 Ors.

04 Nov 2020 · Dama Seshadri Naidu
Cites 1 · Cited by 0

The Bombay High Court held that amendments to pleadings under Order VI Rule 17 CPC are permissible in summary suits under Order XXXVII CPC even after defendants seek leave to defend, provided they do not alter the cause of action or prejudice the defendants.

civil appeal_allowed Significant Order VI Rule 17 CPC Order XXXVII CPC summary suit amendment of plaint

Saraswatibai Bishwambarlal Charity Trust v. Gopal Traders Pvt. Ltd.

04 Nov 2020 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that a suit challenging a deed granting easementary right for valuable consideration must be valued under Section 6(iv)(ha) of the Maharashtra Court Fees Act, and upheld the return of plaint for lack of pecuniary jurisdiction of the City Civil Court.

civil appeal_dismissed Significant Court Fees Act, 1959 valuation of suit easement right of way

Gurusharan Singh Chohan v. The State of Maharashtra

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

The Bombay High Court dismissed the writ petition seeking FIR registration against police officers for extortion, holding that the petitioner must avail alternate remedy under Section 156(3) CrPC and that writ jurisdiction should be exercised sparingly.

criminal petition_dismissed Significant FIR registration Section 154 CrPC Section 156(3) CrPC Article 226 Constitution

Shrinivas @ Shenu Shirsappa Ayyappa Swami v. State of Maharashtra

03 Nov 2020 · Sadhana S. Jadhav; N.J. Jamadar

The Bombay High Court acquitted appellants convicted for murder due to failure of prosecution to prove guilt beyond reasonable doubt, emphasizing limitations of the 'last seen together' theory and procedural lapses.

criminal appeal_allowed Significant last seen theory circumstantial evidence homicidal death section 302 IPC

State of Maharashtra v. Mukund Trimbak Sonawane; Dilip Gajendra Sonawane; Somnath Rama Londhe

03 Nov 2020 · Sadhana S. Jadhav; N. J. Jamadar

The Bombay High Court upheld the conviction of accused Dilip Sonawane for culpable homicide not amounting to murder under section 304 Part II IPC and enhanced his sentence from five to eight years, clarifying the legal distinction between intention and knowledge in fatal assault cases.

criminal appeal_dismissed Significant culpable homicide not amounting to murder section 304 Part II IPC section 300 IPC clause thirdly injured witness testimony

The State of Maharashtra v. Suresh Genu Pawar

29 Oct 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of the accused in a murder case due to contradictory dying declarations and lack of corroborative evidence, emphasizing independent evaluation of multiple dying declarations.

criminal appeal_dismissed Significant dying declaration multiple dying declarations Section 302 IPC Section 498A IPC