High Court of Bombay

5,131 judgments

Year:

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

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