High Court of Bombay

5,061 judgments

Year:

State Bank of India v. Vineet Agrawal

21 Sep 2020 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court quashed the reopening notice under section 148 of the Income Tax Act for AY 1990-91, holding that no failure to disclose material facts justified reopening beyond four years.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Failure to disclose material facts

Lalita Dhanraj Jadhav v. State of Maharashtra & Ors.

21 Sep 2020 · Anuja Prabhudessai

The Bombay High Court held that limitation for filing an appeal under the Maharashtra Village Panchayats Act runs from the date of actual or constructive knowledge of the order, and appellate authorities have power to condone delay, quashing dismissal of appeal as barred by limitation.

administrative petition_allowed Significant Maharashtra Village Panchayats Act, 1959 Section 16(2) limitation period appeal

Sundaram Home Finance Limited v. Rahul Jayvantrao Kaulavkar

18 Sep 2020 · S.C. GUPTE

The Bombay High Court held that civil courts retain jurisdiction to try suits involving agricultural land exempt from the SARFAESI Act and that such jurisdictional questions cannot be decided at the Order 7 Rule 11 stage.

civil appeal_dismissed Significant SARFAESI Act Section 34 agricultural land Order 7 Rule 11

Kailas Gangaprasad Yadav v. The State of Maharashtra

16 Sep 2020 · A.S. Gadkari

The Bombay High Court allowed the appeal and acquitted the appellant in a POCSO sexual assault case due to contradictions in evidence, improper recording of the child's statement, and lack of medical corroboration.

criminal appeal_allowed Significant POCSO Act Section 6 POCSO sexual assault child victim

The State of Maharashtra v. Mukesh Bhojraj Puraswami & Ors.

15 Sep 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a murder case where medical evidence indicated death by hanging and prosecution failed to prove homicidal strangulation beyond reasonable doubt.

criminal appeal_dismissed Significant homicidal death suicide asphyxia ligature mark

Altisource Business Solutions India Pvt Ltd v. Union of India

14 Sep 2020 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 2

The Bombay High Court held that interest at 6% per annum on delayed GST refunds is payable from 60 days after the original refund application date, even if the refund is sanctioned only after an appellate order.

tax appeal_allowed Significant GST refund interest on refund Section 54 CGST Act Section 56 CGST Act

State of Maharashtra v. Nakul Trimbak Bhangare & Ors.

10 Sep 2020 · Prasanna B. Varale; V. G. Bisht

The Bombay High Court upheld the acquittal of accused in a rape and robbery case due to inconsistencies in the prosecutrix's testimony, failure to conduct proper identification parade, and lack of corroborative evidence.

criminal appeal_dismissed Significant rape prosecutrix testimony Test Identification Parade FIR delay

Mohammad Arif Asik Ali Raain v. State of Maharashtra

09 Sep 2020 · A.S. Gadkari

The Bombay High Court upheld the appellant's conviction for sexual assault under the POCSO Act but reduced the sentence from five to three years, affirming the reliability of the prosecutrix's testimony and the sufficiency of prosecution evidence.

criminal appeal_partly_allowed Significant POCSO Act sexual assault prosecutrix testimony identity proof

Vishal Mahesh Suple; Manish Bharat Parmerkar; Vinayak Chidambar Dhole v. The State of Maharashtra; Vivek Sitaram Kamtekar

08 Sep 2020 · S. S. Shinde; M. S. Karnik

The Bombay High Court quashed a criminal case under IPC Sections 427, 323, 324, 504, 506 read with 34 based on an amicable settlement and the complainant's withdrawal, subject to a monetary condition.

criminal appeal_allowed Significant quashing of FIR amicable settlement Section 482 CrPC abuse of process

Dr. Gufran Beig v. C.B.I., A.C.B. Pune

08 Sep 2020 · Sandeep V. Marne
Cites 3 · Cited by 0

The Bombay High Court discharged two accused officials from criminal prosecution for alleged procurement irregularities, relying on departmental exoneration and lack of prima facie evidence to proceed to trial.

criminal appeal_allowed Significant discharge application departmental enquiry prima facie case procurement irregularities

Vaijanath Dayanand Kale v. Nerkar Properties LLP

07 Sep 2020 · S.C. GUPTE

The High Court upheld the jurisdiction of the commercial court over a construction contract dispute, dismissing the writ petition challenging the plaint's return under Order 7 Rule 10 CPC.

civil petition_dismissed Significant Commercial Courts Act, 2015 construction contract commercial dispute jurisdiction

Hanmant Nagnath Surwase v. The State of Maharashtra

03 Sep 2020 · Prasanna B. Varale; V.G. Bisht

The Bombay High Court dismissed the appeal and upheld the conviction of the accused for murdering his wife based on a complete chain of circumstantial evidence and failure to provide any plausible explanation.

criminal appeal_dismissed Significant circumstantial evidence Section 302 IPC murder motive

Ramesh Namdeo Naikwade v. The State of Maharashtra

03 Sep 2020 · S.S. Shinde; M.S. Karnik
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellant of murder charges due to unreliable eyewitness testimony and insufficient proof beyond reasonable doubt.

criminal appeal_allowed Significant Section 302 IPC murder eyewitness testimony reasonable doubt

Vijaykumar Raosaheb Kulkarni v. The Rasta Peth Education Society & Ors.

31 Aug 2020 · Sandeep V. Marne

The Bombay High Court held that an employee’s ambiguous resignation letter should be treated as voluntary retirement if pension benefits are involved, and that voluntary retirement can be withdrawn before its effective date even after acceptance.

labor appeal_allowed Significant voluntary retirement resignation pensionary benefits withdrawal of retirement notice

Shahenaj Amjed Shaikh v. The State of Maharashtra

26 Aug 2020 · Revati Mohite Dere; M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court altered the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, reducing her sentence to the period already served.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC culpable homicide murder

Rashmi Uday Shukla v. The State of Maharashtra & Ors.

25 Aug 2020 · Nitin Jamdar; Sarang V. Kotwal

The Bombay High Court refused to quash an FIR alleging unauthorized disclosure of confidential police intelligence, holding that the investigation must proceed and that the Right to Information Act does not override the Official Secrets Act.

criminal petition_dismissed Significant quashing of FIR Official Secrets Act Right to Information Act confidential information

Raju Dayal Shrimali @ Khimji v. State of Maharashtra

19 Aug 2020 · Prasanna B. Varale; Prakash D. Naik

The Bombay High Court upheld the conviction and life sentence of the appellant for murdering his wife by throttling, relying on a complete chain of circumstantial evidence including his confession and surrender.

criminal appeal_dismissed Significant circumstantial evidence Section 302 IPC extra-judicial confession throttling

Tukaram Pandurang Mhaske v. The State of Maharashtra

19 Aug 2020 · S.S. Shinde; M.S. Karnik

The Bombay High Court upheld the conviction of a father-in-law for raping his minor daughter-in-law, affirming that credible sole testimony of a minor victim under the POCSO Act suffices for conviction despite delay and absence of forensic corroboration.

criminal appeal_dismissed Significant POCSO Act sexual offence minor ossification test

Shaila Vijay Kamble v. The State of Maharashtra

19 Aug 2020 · Prasanna B. Varale; Prakash D. Naik

The court analyzed circumstantial evidence and procedural irregularities in a murder and robbery case, emphasizing the necessity of a complete evidentiary chain to uphold conviction beyond reasonable doubt.

criminal other Significant circumstantial evidence murder attempt to murder robbery

Nagpur Integrated Township Pvt. Ltd. v. Maharashtra Real Estate Regulatory Authority, Mumbai

18 Aug 2020 · S.C. GUPTE

The High Court held that the Appellate Tribunal must prima facie determine whether an appellant is a "promoter" before ordering a pre-deposit under Section 43(5) of RERA, quashing pre-deposit orders passed without such consideration.

administrative appeal_allowed Significant Real Estate (Regulation and Development) Act, 2016 Section 43(5) pre-deposit promoter