High Court of Bombay

5,131 judgments

Year:

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

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