High Court of Bombay

5,131 judgments

Year:

Pradeep Kumar Lalit Kumar Pandya v. Harisingh J. Kapadia & Ors.

17 Oct 2020 · Sandeep V. Marne

The Court upheld dismissal of Plaintiff's claim for transmission of tenancy rights under Maharashtra Rent Control Act, holding he failed to prove family membership and residence with deceased tenant at time of death.

property petition_dismissed Significant transmission of tenancy Maharashtra Rent Control Act, 1999 Section 7(15)(d) family member

The State of Maharashtra v. Satish V. Pabalkar

16 Oct 2020 · K.R. Shriram

The court upheld the acquittal of the accused in a bigamy case, ruling that the prosecution failed to prove the existence of the first marriage beyond reasonable doubt, and affirmed that the woman in a second marriage is an aggrieved person entitled to file a complaint under Sections 494 and 495 IPC.

criminal appeal_dismissed Significant bigamy Section 494 IPC Section 495 IPC aggrieved person

Meher Pheroze Sethna and others v. Pune Cantonment Board and another

16 Oct 2020 · Ujjal Bhuyan; Anuja Prabhudessai

The Bombay High Court held that due to respondent inaction, the petitioners' application for repair and renovation of an old grant bungalow is deemed sanctioned under section 238(6) of the Cantonments Act, 2006, affirming their locus standi as legal heirs despite objections based on an unregistered agreement for sale and resumption proposals.

administrative appeal_allowed Significant Cantonments Act, 2006 section 238(6) deemed sanction occupancy rights

Meher Pheroze Sethna and others v. Pune Cantonment Board and another

16 Oct 2020 · Ujjal Bhuyan; Anuja Prabhudessai

The Bombay High Court held that inaction by the Cantonment Board beyond statutory timelines results in deemed sanction under section 238(6) of the Cantonments Act, 2006, affirming the petitioners' right as legal heirs to repair their old grant bungalow despite objections based on resumption and an unexecuted agreement for sale.

administrative petition_allowed Significant Cantonments Act, 2006 section 238(6) deemed sanction occupancy rights

Yuvraj Sampatrao Ghorpade v. State of Maharashtra

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

The High Court acquitted the appellant due to incomplete and unreliable circumstantial evidence, emphasizing the necessity of a complete chain of incriminating circumstances for conviction.

criminal appeal_allowed Significant circumstantial evidence chain of evidence identification motive

The State of Maharashtra v. Uttam Sakharam Kamble

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

The High Court upheld the acquittal of the accused in a murder case due to failure of the prosecution to establish a complete and conclusive chain of circumstantial evidence excluding all other hypotheses.

criminal appeal_dismissed Significant circumstantial evidence Section 302 IPC homicidal death chain of circumstances

Mahadev Rama Kaikadi v. The State of Maharashtra and Ors.

14 Oct 2020 · Anuja Prabhudessai

The Bombay High Court held that recruitment bans do not apply to minority institutions or compassionate appointments, directing approval of the petitioner's appointment as Peon on compassionate grounds.

administrative petition_allowed Significant minority institution Article 30 compassionate appointment government resolution 02/05/2012

Chairman/Chief Executive Officer, Sangli District Primary Teachers Co-op. Bank Ltd. Sangli v. Babasaheb Mahadev Patil

14 Oct 2020 · Anuja Prabhudessai

The Bombay High Court held that gratuity cannot be withheld without following due process including issuance of a show cause notice and a forfeiture order under the Payment of Gratuity Act, even where termination is for an offence involving moral turpitude.

labor petition_dismissed Significant Payment of Gratuity Act, 1972 forfeiture of gratuity moral turpitude misappropriation

The State of Maharashtra v. Prabhakar Vasant Kalkutaki

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

The Bombay High Court upheld the acquittal of an accused in a murder case due to contradictory dying declarations and lack of corroborative evidence, emphasizing independent evaluation of each dying declaration.

criminal appeal_dismissed Significant dying declaration multiple dying declarations contradictory evidence Section 302 IPC

The State of Maharashtra v. Smt. Anjana Dattatraya Gaikwad

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

The Bombay High Court dismissed the State's appeal and upheld the acquittal of the accused in a criminal breach of trust and forgery case due to failure of the prosecution to prove entrustment and misappropriation beyond reasonable doubt.

criminal appeal_dismissed criminal breach of trust Section 406 IPC forgery Section 465 IPC

The State of Maharashtra v. Balu Chandar Rajput

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

The Bombay High Court upheld the acquittal of the accused in a murder case, holding that the prosecution failed to prove guilt beyond reasonable doubt despite reliance on a dying declaration.

criminal appeal_dismissed Significant dying declaration Section 302 IPC Section 307 IPC benefit of doubt

Somnath Virbhadrayya Vijapure v. The State of Maharashtra

13 Oct 2020 · Prasanna B. Varale; V. G. Bisht
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction and life sentence of the appellant for murder under Section 302 IPC, rejecting his claim of sudden fight under Exception 4 to Section 300 IPC due to premeditation and cruelty.

criminal appeal_dismissed Significant Section 302 IPC Exception 4 to Section 300 IPC murder culpable homicide not amounting to murder

The State of Maharashtra v. Rameshwar Gulabrao Soni

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

The Bombay High Court upheld the acquittal of accused in a heroin possession case due to non-compliance with mandatory procedural safeguards under the NDPS Act and inconsistencies in prosecution evidence.

criminal appeal_dismissed Significant NDPS Act 1985 Section 42(2) Section 50 search and seizure

Pintu Sonale v. The State of Maharashtra

13 Oct 2020 · K.K. Tated; G.S. Kulkarni; N.R. Borkar

The Bombay High Court Full Bench held that prisoners convicted under the POCSO Act are excluded from emergency COVID-19 parole under the amended Maharashtra Prisons Rules, affirming that parole is a discretionary privilege not available to serious offenders under special Acts.

criminal appeal_dismissed Significant emergency parole POCSO Act special Acts Maharashtra Prisons Rules

Chetan Samajik Pratishthan & Anr. v. The Municipal Corporation of Gr. Mumbai & Anr.

13 Oct 2020 · G. S. Kulkarni; Aarti Sathe
Cites 1 · Cited by 0

The Bombay High Court held that the Municipal Corporation must provide and maintain adequate sanitation facilities in slum areas on municipal land, recognizing access to sanitation as a fundamental right under Article 21 of the Constitution.

administrative petition_allowed Significant slum rehabilitation sanitation facilities municipal corporation duties Article 21

Kanagsabapathy Sundaram Pillai v. Bansi Gawali & Ors.

09 Oct 2020 · K.R. Shriram

The Bombay High Court dismissed an election petition for failure to join all contesting candidates as respondents, holding that Sections 82 and 86 of the Representation of People Act mandate such joinder and non-compliance requires dismissal.

constitutional appeal_dismissed Significant Representation of People Act, 1951 Section 82 Section 86(1) Election petition

Sanjay Tarasingh Thakur v. The State of Maharashtra

08 Oct 2020 · Prasanna B. Varale; V. G. Bisht
Cites 1 · Cited by 0

The Bombay High Court upheld the appellant's conviction and life sentence for murder under Section 302 IPC, affirming the reliability of injured eyewitness testimony corroborated by medical and forensic evidence.

criminal appeal_dismissed Significant Section 302 IPC Section 324 IPC injured witness testimony forensic evidence

Ranjit S Kadam v. State of Maharashtra

08 Oct 2020 · PRASANNA B. VARALE; V. G. BISHT

The Bombay High Court acquitted the appellant of murder charges due to failure of prosecution to prove guilt beyond reasonable doubt on circumstantial evidence, emphasizing the necessity of a complete and credible chain of evidence.

criminal appeal_allowed Significant circumstantial evidence last seen theory Section 302 IPC murder conviction

State of Maharashtra v. Anil Ramchandra Dhumase

07 Oct 2020 · A.S. Gadkari

The Bombay High Court dismissed the State's appeal and upheld the acquittal of a police constable accused of accepting a bribe, holding that the prosecution failed to prove guilt beyond reasonable doubt and the accused successfully rebutted statutory presumption under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 20 presumption bribery Anti-Corruption Bureau trap

Indosheel Mould Limited v. Union of India

07 Oct 2020 · Dipankar Datta, CJ; M. S. Karnik, J.
Cites 0 · Cited by 2

The Bombay High Court held that seized goods must be released if no show cause notice is issued within six months under Customs Act, while refusing to interfere with ongoing undervaluation investigation.

administrative petition_allowed Significant Customs Act, 1962 Section 110 Section 124 seizure of goods