High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Kiran Nanik Motwane & Anr. v. Uday Indukumar Jasani & Ors.

26 Apr 2022 · R.I. Chagla

The court upheld the Municipal Commissioner's discretionary approval of revised building plans with condoned open space deficiencies and dismissed the plaintiffs' suit challenging construction on adjacent plot for non-compliance and maintainability issues.

property appeal_dismissed Significant Development Control Rules 1991 Development Control and Promotion Regulations 2034 open space deficiency Municipal Commissioner discretion

Union of India v. Mr. Shahid Hussain

26 Apr 2022 · SANDEEP K. SHINDE
Cites 1 · Cited by 0

The Bombay High Court upheld the Railway Claims Tribunal's award of compensation to a passenger injured due to accidental fall from a train, holding that absence of ticket and negligence do not bar compensation without proof of intentional self-inflicted injury.

civil appeal_dismissed Significant Railway Claims Tribunal bonafide passenger accidental fall self-inflicted injury

Mrs. Jagruti Rajesh Shah v. M/s. Mahek Developers & Ors.

26 Apr 2022 · Sandeep K. Shinde

The High Court dismissed the appeal against refusal of temporary injunction, holding that non-parties to the suit agreement cannot be compelled under MOFA and that the agreement was not enforceable as a concluded contract.

civil appeal_dismissed Significant Maharashtra Ownership Flats Act enforcement of statutory obligations agreement to sell privity of contract

Union of India v. Mr. Shahit Hussain

26 Apr 2022 · Sandeep K. Shinde
Cites 1 · Cited by 0

The Bombay High Court upheld the Railway Claims Tribunal's award of compensation to a passenger injured due to accidental fall from a running train, holding that absence of ticket does not negate bonafide passenger status and negligence without intention does not bar compensation.

civil appeal_dismissed Significant Railway Claims Tribunal bonafide passenger accidental injury self-inflicted injury

Gautam Navlakha v. National Investigation Agency

26 Apr 2022 · S. B. Shukre; G. A. Sanap

The Bombay High Court dismissed the petition seeking house arrest for an elderly undertrial accused in a serious UAPA case, holding that the gravity of the offences and prima facie evidence preclude such relief, while directing jail authorities to ensure medical care and the trial court to address detention grievances.

criminal petition_dismissed Significant house arrest undertrial prisoner UAPA Section 43-D(5)

Ramrao Kashinath Rathod v. State of Maharashtra

26 Apr 2022 · N. J. Jamadar

The Bombay High Court upheld the rejection of pre-arrest bail for offences under the SC and ST Act, ruling that absence of accused's caste in the FIR does not bar prosecution and prima facie offences were made out.

criminal appeal_dismissed Significant Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(1)(r) Section 3(1)(s) pre-arrest bail

Mystical Techplast Pvt. Ltd v. The Maharashtra State Road Development Corporation Ltd

25 Apr 2022 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court held that a Letter of Acceptance conditioned on government approval does not constitute a concluded contract until such approval is obtained, and cancellation of the tender process under such circumstances is lawful.

civil appeal_dismissed Significant Letter of Acceptance Letter of Intent Condition precedent Concluded contract

Teerth Developers and Teerth Realties JV (AOP) v. The Additional/Joint/Deputy/ Assistant Commissioner of Income Tax

25 Apr 2022 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed an income tax assessment order passed without issuing the mandatory show cause notice-cum-draft assessment order under Section 144B, holding such non-compliance violates natural justice and renders the order illegal.

tax petition_allowed Significant Section 144B Income Tax Act Faceless Assessment show cause notice natural justice

Chetan D. Shelke and Ors. v. Savannah Vasant Lawns Tower No 1 & Ors.

22 Apr 2022 · Milind N. Jadhav

The Court held that sanctioned amendments to building plans do not require flat purchasers' consent under MOFA, set aside the injunction against the Developer and Municipal Corporation, and emphasized proper application of interim relief principles and statutory compliance.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Section 7-A MOFA interim injunction development control regulations

Quantum Park Cooperative Housing Society Limited v. AHCL-PEL & Ors.

22 Apr 2022 · Amit Borkar

The Bombay High Court held that the Competent Authority must grant unilateral deemed conveyance based on official subdivision records despite pending civil suits on construction disputes, quashing the order rejecting the petitioner's application under Section 11 of MOFA.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Section 11 deemed conveyance Competent Authority jurisdiction subdivision of property

Renaissance Services BV v. Dy. Commissioner of Income Tax

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

The Bombay High Court held that the final assessment order under Section 144-C of the Income Tax Act passed beyond the prescribed limitation period is barred by law and quashed the order accordingly.

tax petition_allowed Significant Section 144-C of Income Tax Act time limit for assessment draft assessment order Dispute Resolution Panel

Union of India v. C.J. Solanki

21 Apr 2022 · Dipankar Datta, C.J.; M.S. Karnik, J.

The Bombay High Court held that service of a charge-sheet by registered post returned 'not claimed' presumes valid service, validating ex parte disciplinary proceedings and upholding compulsory retirement of an absent employee.

administrative appeal_allowed Significant disciplinary proceedings charge-sheet service registered post presumption of service

Mayur Vilas Pachfule v. The State of Maharashtra

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

The Bombay High Court altered the appellants' conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, recognizing the incident as a sudden fight without premeditation.

criminal appeal_allowed Significant culpable homicide not amounting to murder Section 302 IPC Exception 4 to Section 300 IPC sudden fight

Mayur Vasant Sonawane v. The State of Maharashtra

21 Apr 2022 · S. S. Shinde; Prakash D. Naik; Sarang V. Kotwal

The Bombay High Court held that the appellate power under Section 60 of the Maharashtra Police Act, 1951 is quasi judicial and mandates giving reasons, at least in brief, while disposing appeals against externment orders.

criminal other Significant Maharashtra Police Act, 1951 Section 60 quasi judicial power externment order

Laxman B. Panmand v. Nuclear Power Corporation of India Limited

21 Apr 2022 · Dipankar Datta; M. S. Karnik

The court held that a disciplinary authority must conduct a formal departmental inquiry after the ICC's fact-finding report before imposing penalties, and that reversion to a lower post without rule authorization is illegal, thus setting aside the penalty imposed on the petitioner.

administrative petition_allowed Significant sexual harassment Internal Complaints Committee disciplinary inquiry charge-sheet

Jaywant Industrial Premises Co-Operative Society Ltd. v. Sangeeta Kewalramani

21 Apr 2022 · Bharati Dangre

The Bombay High Court upheld an interim injunction protecting the plaintiff's exclusive possession of a disputed terrace in a cooperative housing society, holding that possession with implied consent and absence of a cloud on title justify injunction simpliciter pending trial.

civil appeal_dismissed Significant injunction simpliciter possession common area Maharashtra Ownership of Flats Act

Santosh Dashrath Sanawane v. The State of Maharashtra

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

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304(II) IPC, holding the killing occurred in a sudden fight without premeditation.

criminal appeal_allowed Significant culpable homicide not amounting to murder Section 302 IPC Exception 4 to Section 300 IPC heat of passion

Pr. Commissioner of Income Tax - 16 v. M/s. Universal Music India Pvt. Ltd.

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

The High Court upheld the ITAT's decision that the CIT cannot revise an assessment under Section 263 on grounds not communicated to the assessee or without giving an opportunity of hearing, consistent with the Supreme Court's ruling in Amitabh Bachchan.

tax appeal_dismissed Significant Section 263 Income Tax Act Revision proceedings Show-cause notice Principles of natural justice

Suresh Ladak Bhagat v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder due to lack of reliable evidence and held that the prosecution failed to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant Section 302 IPC Extra-judicial confession Section 106 Indian Evidence Act Burden of proof

Neil Jayant Shah v. State of Maharashtra

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

The Bombay High Court dismissed the writ petition and upheld the rejection of a medical postgraduate seat resignation filed after the prescribed deadline, emphasizing strict adherence to counselling timelines and Supreme Court directions.

administrative petition_dismissed Significant NEET-PG counselling resignation deadline medical seat admission postgraduate medical education