High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Hari Sankaran v. Serious Fraud Investigation Office

19 Apr 2022 · Revati Mohite Dere

The Court held that remand of an accused post filing of charge-sheet but before formal cognizance is legally valid under Sections 167 and 309 Cr.P.C, and delay in taking cognizance does not render detention illegal.

criminal petition_dismissed Significant Section 167 CrPC Section 309 CrPC cognizance remand

V.M. Shirke v. Harikrishna Bhairavnath Tiwari

13 Apr 2022 · Bharati Dangre

The Bombay High Court allowed the appeal, holding that a suit for simplicitor injunction without declaration of tenancy is not maintainable and that landlord-tenant disputes fall within the exclusive jurisdiction of the Small Causes Court under Section 41 of the Presidency Small Causes Courts Act, 1882.

civil appeal_allowed Significant simplicitor injunction tenancy farm manager agreement Presidency Small Causes Courts Act

Goodwill Realtors and Properties Pvt. Ltd. v. Smt. Bhanumati Keshrichand Jhaveri

13 Apr 2022 · A.S. Gadkari

The High Court allowed the petitioner’s application for framing additional issues in an eviction suit, holding that a duly impleaded defendant who files a written statement has locus standi to raise all material issues for proper adjudication.

civil petition_allowed Significant locus standi framing of issues eviction suit Presidency Small Causes Court Act

Neeta Sanjeev Dighe v. State of Maharashtra

13 Apr 2022 · Sunil B. Shukre; G.A. Sanap

The Bombay High Court held that continuous advertisement of a reserved post for five years without reserved candidates entitles de-reservation and regularization of a temporary appointee under Government Resolutions, quashing the rejection of such de-reservation.

administrative appeal_allowed Significant de-reservation reserved post temporary appointment confirmation of service

Mrunal Mandar Joshi v. The State of Maharashtra

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

The High Court set aside the rejection of approval for a teacher's full-time appointment and directed fresh consideration based on duly verified reservation rosters.

administrative appeal_allowed Significant upgradation part-time teacher full-time appointment roster

Diksha Dilip Pawar & Ors. v. The Competent Authority & Ors.

13 Apr 2022 · S. V. Gangapurwala; Vinay Joshi
Cites 1 · Cited by 0

The Bombay High Court held that the Government cannot deduct 10% from compensation payable to tribals on compulsory acquisition of Occupancy Class II lands, invalidating the Government Resolution dated 15/07/2010.

property petition_allowed Significant tribal lands compulsory acquisition Maharashtra Land Revenue Code Right To Fair Compensation Act 2013

Namrata Anil Yadav & Ors. v. Bhupendra Manohar Bhoir & Ors.

13 Apr 2022 · G. S. Patel; Madhav J Jamdar

The High Court held that the accident was solely due to the tempo driver's rash driving, quashed the contributory negligence finding against the deceased, and awarded full compensation to the claimants.

motor_accident_compensation appeal_allowed Significant contributory negligence motor accident compensation eyewitness evidence false FIR

Dr. P. Varavara Rao v. National Investigation Agency and State of Maharashtra

13 Apr 2022 · Sunil B. Shukre; G. A. Sanap · (2021) 2 Bom CR (Cri.) 483

The Bombay High Court denied permanent bail to Dr. P. Varavara Rao on medical grounds in a serious UAPA and IPC case, extending only temporary bail for cataract surgery while directing prison authorities to improve medical facilities and the Special Court to expedite trial.

criminal appeal_dismissed Significant bail medical grounds UAPA IPC sections 121, 121A, 153A, 505(1)(b), 117, 124A, 120B

Technocraft Industries (India) Limited v. The Union of India

13 Apr 2022 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court held that amendments to shipping bills under section 149 of the Customs Act must be recognized for MEIS benefits and directed Customs and DGFT to coordinate for online transmission of such amendments to prevent denial of lawful export incentives.

administrative petition_allowed Significant Merchandise Exports from India Scheme MEIS benefits section 149 Customs Act amendment Foreign Trade Policy 2015-2020

Chitra Supekar v. The Income Tax Officer & Ors.

13 Apr 2022 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court held that reassessment notices and orders issued without valid service at the correct address and without requisite PCCIT sanction beyond three years are void, quashing the impugned proceedings and directing fresh issuance with opportunity of hearing.

tax petition_allowed Significant Income Tax Act 1961 Section 148A(b) Section 148A(d) Section 148

Nitin Navindas Hundiwala v. Union of India

12 Apr 2022 · Bharati Dangre
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal and held that accidental falling from an overcrowded train constitutes an untoward incident entitling a bonafide passenger to compensation under the Railways Act, even if no ticket is found on him.

civil appeal_allowed Significant Railways Act 1989 untoward incident compensation bonafide passenger

JSW Steel Limited v. Bellary Oxygen Company Private Limited & Ors.

12 Apr 2022 · G.S. Kulkarni

The Bombay High Court held that the arbitration clause in the Shareholders Agreement applies to disputes under the interconnected Second Agreement, allowing appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

commercial_arbitration appeal_allowed Significant arbitration agreement composite agreement inextricably connected agreements Section 11 Arbitration and Conciliation Act

Ashwin Bharat Khater v. Urvashi Bharat Khater

12 Apr 2022 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court upheld the Maintenance Tribunal's annulment of Gift Deeds under Section 23(1) of the Senior Citizens Act, 2007, finding that the petitioners failed to provide basic amenities and physical needs to their mother, justifying restoration of property ownership to her.

family appeal_dismissed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) Gift Deed annulment Basic amenities and physical needs

Ganesh Nivrutti Ghadge v. State of Maharashtra & Ors.

11 Apr 2022 · S.V. Gangapurwala; Vinay Joshi

The Bombay High Court held that compensation awards under the National Highways Act, 1956 can only be challenged through statutory arbitration and not writ jurisdiction, dismissing the petition seeking enhancement of compensation.

property petition_dismissed Significant land acquisition compensation National Highways Act, 1956 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013

Bhola Harishchandra Gupta v. The State of Maharashtra

11 Apr 2022 · Sadhana S. Jadhav; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the accused for murder under Section 302 IPC based on a complete chain of circumstantial evidence excluding suicide.

criminal appeal_dismissed Significant circumstantial evidence homicide suicide Section 302 IPC

Dinesh Vazirani v. The Principal Commissioner of Income Tax-7 & Ors.

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

The Bombay High Court held that capital gains must be computed after deducting liabilities paid from escrow, allowing revision of assessment under Section 264 and directing refund of excess tax paid.

tax appeal_allowed Significant capital gains escrow account contingent liability Section 48 Income Tax Act

Haridas Vishnu Sawant & Ors. v. Nalini Satish Jadhav & Ors.

08 Apr 2022 · Bharati Dangre

The Bombay High Court upheld the decree for specific performance based on a valid unregistered agreement, plaintiff's readiness and willingness, and defendant's breach by selling to a third party.

civil appeal_dismissed Significant specific performance agreement to sell unregistered document readiness and willingness

Reliance General Insurance Company Limited v. Master Siddhant Mahendra Kadam

08 Apr 2022 · Bharati Dangre

The Bombay High Court upheld the insurer's liability despite the driver's limited license and enhanced compensation for a minor victim's permanent disability from a motor accident.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Driving license validity Light motor vehicle Insurance liability

Iffco Tokio General Insurance Company Limited v. Sameera Hajimiyan Patel

07 Apr 2022 · Bharati Dangre

The Bombay High Court upheld compensation awards to accident victims, affirming insurer liability despite alleged policy breaches and emphasizing just compensation for homemakers and permanent disabilities.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 Insurance liability Notional income

Santosh Dnyanoba Gawade v. Prakash Nensukh Navlakha

07 Apr 2022 · SANDEEP K. SHINDE

The court held that where payment of full consideration is a condition precedent in the sale deed, mere registration does not transfer title, and the remedy for unpaid balance is recovery of money, not cancellation of sale deed.

civil appeal_dismissed Significant sale deed transfer of title consideration condition precedent