High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Girish Uttamrao Kohok v. Ratan Hiraji Deore

05 May 2022 · Bharati Dangre

The Bombay High Court allowed the second appeal and granted specific performance of a sale agreement despite initial refusal on technical grounds, holding that non-sanction of final layout is not a bar and credible oral evidence suffices to prove payment and readiness to perform.

civil appeal_allowed Significant specific performance agreement to sell earnest money Urban Land Ceiling Act

Faiz Ahmed Mohammed Ali Khot v. The State of Maharashtra

04 May 2022 · A.S. Chandurkar; G.A. Sanap

The Bombay High Court held that a suspended private school employee is entitled to subsistence allowance under the Maharashtra Employees of Private Schools Rules, and directed payment of arrears with interest due to management's failure to conduct enquiry or pay allowance.

labor petition_allowed Significant subsistence allowance suspension Maharashtra Employees of Private Schools Rules 1981 enquiry proceedings

M/s. Zeal Real Estate Limited v. Union of India

04 May 2022 · K.R. Shriram; N.R. Borkar

The Bombay High Court quashed the compulsory acquisition order under Section 269UD of the Income Tax Act for failure to determine fair market value and absence of a finding of tax evasion intent, holding that such acquisition requires strict compliance with statutory and natural justice principles.

administrative petition_allowed Significant Section 269UD Income Tax Act compulsory acquisition fair market value undervaluation

Nurul Shamsul Haq Shah v. The State of Maharashtra

04 May 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted appellants of murder charges due to unreliable dying declaration, inconsistent eyewitnesses, and inconclusive forensic evidence, emphasizing strict scrutiny of dying declarations under Section 32 Evidence Act.

criminal appeal_allowed Significant dying declaration Section 302 IPC eyewitness credibility forensic evidence

Indiabulls Housing Finance Ltd. v. State of Maharashtra

04 May 2022 · Prasanna B. Varale; S.M. Modak

The Bombay High Court quashed an FIR and investigation against Indiabulls Housing Finance Ltd. on finding the complaint malafide, lacking affidavit support, and an abuse of process of law, emphasizing the necessity of judicial mind and affidavit under Section 156(3) Cr.P.C.

criminal petition_allowed Significant Section 156(3) Cr.P.C. quashing of FIR malafide complaint affidavit requirement

Maruti Navnath Sonawane v. The State of Maharashtra

04 May 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court allowed the appellant's criminal appeal and discharged him from charges under the MCOC Act due to lack of prima facie evidence and failure to meet statutory conditions for invoking the Act.

criminal appeal_allowed Significant Maharashtra Control of Organized Crime Act discharge under Section 227 CrPC organized crime syndicate continuing unlawful activity

Joseph Anthony v. Rukmini Krishna Turbhekar

03 May 2022 · Sandeep V. Marne

The Bombay High Court set aside eviction decrees for arrears of rent, holding that timely filing of an application for deposit within 90 days and deposit on the next working day after a holiday satisfies statutory requirements under the Maharashtra Rent Control Act.

civil appeal_allowed Significant Maharashtra Rent Control Act Section 15(3) arrears of rent deposit of rent

Sicily Varghese Kadamthottu v. Ramanlal Jayshankar Trivedi

02 May 2022 · Sandeep K. Shinde

The Bombay High Court allowed the appeal, holding that a plaint cannot be rejected under Order 7 Rule 11(d) after framing issues and that unregistered agreements under MOFA are admissible evidence for enforcement of contractual rights.

civil appeal_allowed Significant Order 7 Rule 11(d) CPC Maharashtra Ownership of Flats Act 1963 Section 4 MOFA Section 4A MOFA

Jayesh Tanna v. Radha Arakkal & Ors.

02 May 2022 · Bharati Dangre

The Bombay High Court upheld that a registered agreement for sale cannot be orally modified and the promoter must refund the amount with interest for failure to deliver possession by the agreed date under Section 18 of RERA.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 RERA Section 92 Indian Evidence Act oral modification

Ved Prakash Ahuja v. Roma Prakash Ahuja

30 Apr 2022 · Abhay Ahuja

The High Court allowed the writ petition directing the Trial Court to summon the Income Tax Department to provide the mandatory Section 65-B certificate for electronic Income Tax records, holding that failure to do so was a non-application of mind.

civil appeal_allowed Significant Section 65-B Indian Evidence Act electronic records admissibility Income Tax records evidence Article 227 Constitution of India

The Maharashtra State Co-operative Marketing Federation Ltd. v. Bhagyashree Pravin Kulkarni

30 Apr 2022 · Sandeep V. Marne

The Bombay High Court set aside the Industrial Court's additional interim order directing payment of wages and increments to a daily wage employee, holding that such relief cannot be granted during pendency of the complaint when an earlier status quo order is in force.

labor appeal_allowed Significant interim relief status quo daily wage employee outsourcing

Rajmachi Rural Aid and Development Programme v. The State of Maharashtra

29 Apr 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court directed the Collector to decide whether disputed land vested as private forest under the Maharashtra Private Forest Act, holding that procedural defects in notices do not automatically invalidate vesting and that factual disputes must be resolved by the competent authority.

property appeal_allowed Significant Maharashtra Private Forest (Acquisition) Act, 1975 Indian Forest Act, 1927 Section 35(1) notification Section 35(3) notice

Trimbak Joma Thakur and others v. Principal Secretary Urban Development Department and others

29 Apr 2022 · R.D. Dhanuka; S.M. Modak

The Bombay High Court directed CIDCO to deposit enhanced land acquisition compensation with interest as per a final court decree, rejecting claims of financial inability and pendency of review petitions, holding that selective payment violates constitutional equality and writ jurisdiction is maintainable to enforce such rights.

property petition_allowed Significant land acquisition compensation Maharashtra Regional Town Planning Act CIDCO

Ganesh Anmappa Talwar v. The State of Maharashtra

29 Apr 2022 · S. S. Shinde; Sarang V. Kotwal

The Bombay High Court upheld the conviction of the appellant for murder based on reliable child witness testimony corroborated by neighbors and medical evidence, rejecting claims of delay and tutoring.

criminal appeal_dismissed Significant child witness circumstantial evidence Section 302 IPC homicidal hanging

Iqbal Ahmed Kallan Khan v. The State of Maharashtra

29 Apr 2022 · S. S. Shinde; Sarang V. Kotwal

The Bombay High Court acquitted appellants of murder charges due to irreconcilable inconsistencies in multiple dying declarations, giving precedence to the earliest medical officer's statement indicating suicide.

criminal appeal_allowed Significant dying declaration Section 302 IPC murder benefit of doubt

Nauman Suleman Khan v. State of Maharashtra & Tanvi Amardas Bhalla

29 Apr 2022 · Prasanna B. Varale; S. M. Modak

The Bombay High Court quashed a sexual offence FIR under IPC and POCSO Act upon settlement and mutual marriage undertaking by the now-major victim and accused.

criminal appeal_allowed Significant quashing of FIR Section 376 IPC POCSO Act sexual offence

Sharvari Vishwas Magdum v. The Navodaya Vidyalaya Samiti

29 Apr 2022 · A. S. Chandurkar; G. A. Sanap

The Bombay High Court held that denial of admission to Class-VI based on a hyper-technical reading of Navodaya Vidyalaya Scheme was unjustified as it violated the statutory right to education under the RTE Act, directing admission of the petitioners.

family petition_allowed Significant Right of Children to Free and Compulsory Education Act, 2009 Section 15 RTE Act Navodaya Vidyalaya Scheme Admission eligibility

Sandeep Omprakash Singh & Ajay Keshav Singh v. The State of Maharashtra

28 Apr 2022 · Sadhana S. Jadhav; Milind N. Jadhav

The Bombay High Court acquitted accused persons of kidnapping and ransom charges under section 364A IPC due to failure of prosecution to prove essential ingredients beyond reasonable doubt amid material contradictions.

criminal appeal_allowed Significant kidnapping section 364A IPC ransom demand contradictory evidence

The Special Land Acquisition Officer v. M/s. Indrayani Holding and Estate Developers Pvt. Ltd.

28 Apr 2022 · Sandeep K. Shinde

The Bombay High Court upheld the Reference Court's enhanced compensation for land acquired from Village Savroli, affirming that market value must consider all relevant factors including potential commercial and industrial use.

property appeal_dismissed Significant Land Acquisition Act 1894 compensation enhancement market value Section 54 Land Acquisition Act

Bhavani Gems Private Limited v. Assistant Commissioner of Income Tax

27 Apr 2022 · K.R. Shriram; N.R. Borkar

The Bombay High Court quashed the reopening notice under section 148 of the Income Tax Act for AY 2014-15, holding that mere change of opinion without failure to disclose material facts does not justify reopening assessment beyond four years.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Share premium