High Court of Bombay

5,131 judgments

Year:

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

Ram Ratna International v. Union of India

29 Oct 2020 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court directed issuance of balance duty credit scrips under the Target Plus Scheme, holding retrospective amendment invalid and clarifying that customs-related issues do not constitute government dues warranting withholding of benefits.

administrative petition_allowed Significant Target Plus Scheme duty credit scrips retrospective amendment export promotion

The State of Maharashtra v. Murlidhar Baburao Chavan & Ors.

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

The Bombay High Court upheld the acquittal of accused in a murder case due to failure of prosecution to establish a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_dismissed Significant circumstantial evidence murder Section 302 IPC chain of circumstances

Thought Blurb v. Union of India and Ors.

27 Oct 2020 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court held that a petitioner whose tax dues were quantified before June 30, 2019, is eligible under the Sabka Vishwas Scheme and must be given a hearing before rejection of the declaration, quashing the summary rejection order.

tax petition_allowed Significant Sabka Vishwas Scheme 2019 tax dues quantification natural justice eligibility under tax amnesty scheme

The Supreme Industries Ltd. v. The CBIC & Others

27 Oct 2020 · Ujjal Bhuyan; Abhay Ahuja

The Bombay High Court set aside a Customs adjudication order for failing to pass a timely speaking order with reasons under Section 17(5) of the Customs Act, directing fresh adjudication and emphasizing the necessity of reasoned quasi-judicial decisions.

administrative appeal_allowed Significant Customs Act, 1962 Section 17(5) speaking order quasi-judicial order

Shankar Assana Gaddam v. Achanak Associates Realtors Pvt. Ltd. and Ors.

26 Oct 2020 · C.V. Bhadang

The Bombay High Court upheld the bar on civil court jurisdiction under Section 430 of the Companies Act, holding that disputes pending before the NCLT cannot be entertained by civil courts.

civil petition_dismissed Significant jurisdiction of civil court Section 430 Companies Act NCLT jurisdiction board resolution challenge

The State of Maharashtra v. Avinash Sadashiv Khristi & Arun Shivaji Chavan

23 Oct 2020 · K.R. Shriram
Cites 2 · Cited by 0

The Bombay High Court dismissed the State's appeal against acquittal of accused under the Prevention of Corruption Act, holding that the prosecution failed to prove bribery beyond reasonable doubt and the sanction order was invalid due to non-application of mind.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 20 presumption sanction for prosecution rebuttable presumption

The State of Maharashtra v. Shridhar Madhavrao Murti

23 Oct 2020 · A.S. Gadkari

The Bombay High Court upheld the acquittal of a public servant accused of bribery, holding that demand of illegal gratification is essential and mere possession of tainted money without proof of demand is insufficient for conviction under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 7 Section 13(1)(d) illegal gratification

Nitin Kantilal Gandhi; Apurva Ashwin Desai v. Sanket Cooperative Housing Society Limited; State of Maharashtra

23 Oct 2020 · Amit Borkar
Cites 1 · Cited by 0

The court dismissed the writ petition, holding that pre-registration agreements do not bind a cooperative society unless ratified, general body resolutions are presumed valid unless directly challenged, and interim relief cannot nullify such resolutions without foundational pleadings.

civil petition_dismissed Significant cooperative housing society pre-incorporation agreement general body resolution maintenance charges

The State of Maharashtra v. Mahammed Isak Mahammad Surve & Sou. Khatija Mahammad Surve

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

The High Court dismissed the State's appeal and upheld the acquittal of accused in a murder case due to inconclusive medical evidence and failure to prove guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_dismissed Significant circumstantial evidence homicidal death asphyxia suffocation

Ramdas Marne & Ors. v. State of Maharashtra

22 Oct 2020 · Sadhana S. Jadhav; N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court acquitted appellant Raju by holding the oral dying declaration unreliable and recovery evidence insufficient, emphasizing the need for corroboration and proper chain of custody in murder convictions.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 34 IPC Section 27 Indian Evidence Act

The State of Maharashtra v. Sanjay Rangrao Choukikar

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

The High Court upheld the acquittal of the accused in a rape case due to failure of the prosecution to satisfactorily prove the prosecutrix's minority and the forcible nature of the act.

criminal appeal_dismissed Significant rape minor proof of age birth certificate

Dinesh Santlal Yadav v. Divisional Commissioner

21 Oct 2020 · S.S. Shinde; M.S. Karnik

The Bombay High Court upheld a one-year externment order against the petitioner under Section 56 of the Maharashtra Police Act, holding that the Externing Authority validly recorded subjective satisfaction based on multiple FIRs and witness statements indicating threat to public safety and witness apprehension.

criminal petition_dismissed Significant externment order Maharashtra Police Act Section 56 subjective satisfaction

BSI-JDN Joint Venture & Ors. v. The Board of Trustees of the Jawaharlal Nehru Port Trust

21 Oct 2020 · G. S. Kulkarni

The Bombay High Court held that allegations of fraud and ongoing investigations do not bar reference of contractual disputes to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996, and directed appointment of an arbitral tribunal.

commercial appeal_allowed Significant arbitration agreement Section 11 Arbitration Act fraud and arbitrability Central Vigilance Commission

Reliable Spaces Pvt Ltd v. Evonik India Pvt Ltd

19 Oct 2020 · G.S. Patel
Cites 1 · Cited by 0

The Bombay High Court upheld an arbitral award allowing lease termination under a force majeure clause due to lessor's failure to obtain regulatory permissions, dismissing the petitioner's challenge for patent illegality.

civil appeal_dismissed Significant force majeure clause lease agreement MIDC approval MPCB consent-to-establish

Sudam Ramnath Shelke v. The State of Maharashtra

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

The Bombay High Court upheld the conviction and life sentence of a man for sexually assaulting a 3-year-old girl, relying on corroborated testimony, medical and DNA evidence, and rejecting defense contentions on delay and injury absence.

criminal appeal_dismissed Significant sexual assault minor victim Section 376 IPC DNA evidence