High Court of Bombay

5,061 judgments

Year:

Raju Dadu Londhe v. State of Maharashtra

20 Oct 2012 · Nitin Jamdar; G.A. Sanap
Cites 0 · Cited by 2

The Bombay High Court upheld the conviction under Section 302 IPC based on a credible dying declaration recorded by police in presence of a doctor, affirming that such declaration can be sole basis for conviction if trustworthy.

criminal appeal_dismissed Significant dying declaration Section 302 IPC burn injuries intention to murder

Mahadu Lahanu Bhoye v. General Manager F.D.C.M.L. Ltd.

16 Oct 2012 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court dismissed the petition challenging rejection of absorption of a daily wage worker who failed to meet the mandatory service condition under the Government Resolution dated 16 October 2012, reaffirming that regularization requires strict adherence to scheme criteria and constitutional mandates.

labor petition_dismissed Significant regularization daily wage workers absorption Government Resolution 16 October 2012

Emkay Global Financial Services Limited v. Assistant Commissioner of Income Tax

05 Oct 2012 · K. R. Shriram; Kamal Khata
Cites 0 · Cited by 32

The Bombay High Court held that reassessment under Section 148 after four years is impermissible without failure to disclose material facts, quashing the reopening notice as a mere change of opinion.

tax petition_allowed Significant Section 148 Income Tax Act Section 147 proviso reassessment failure to disclose material facts

Unique Integrated Transport & Management Consultancies Pvt. Ltd. v. Mahanagar Telephone Nigam Ltd.

26 Sep 2012 · M.S. Sonak; Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court set aside a dismissal of suit based on res judicata invoked for the first time at judgment stage without issue framing or notice, emphasizing the necessity of pleading and opportunity to address such defence.

civil appeal_allowed Significant res judicata Section 11 CPC issue framing natural justice

Kalsumbibi Kashim Khanbande v. Abdul Rahiman Fakir Patel

17 Sep 2012 · Sandeep V. Marne

The court upheld the dismissal of the appellant's suit for additional share in acquired land and compensation, holding that execution of a Development Agreement and admissions amounted to relinquishment of claims to deficit area.

civil appeal_dismissed Significant Development Agreement Waiver Relinquishment Immovable Property

Ramesh Waman Bodke v. The State of Maharashtra

13 Sep 2012 · Prasanna B. Varale; Shrikant D. Kulkarni
Cites 0 · Cited by 3

The Bombay High Court acquitted the appellant of murder charges due to insufficient evidence of his presence and common intention under Section 34 IPC, emphasizing the necessity of clear proof of shared criminal intent.

criminal appeal_allowed Significant Section 34 IPC common intention murder joint liability

Emerson Climate Technologies (India) Pvt. Ltd. v. Bharatiya Kamgar Karmachari Mahasangh

23 Aug 2012 · Sandeep V. Marne

The Bombay High Court held that contract workers engaged through a contractor were direct employees of the principal employer due to sham contract and control, granting them permanency from the date of the Award while limiting retrospective benefits.

labor appeal_allowed Significant employer-employee relationship contract labour sham contract permanency

Blue Haven Co-op. Housing Society Ltd. v. The State of Maharashtra

21 Aug 2012 · Rajesh S. Patil

The Bombay High Court upheld the rejection of a cooperative housing society's Bye-law amendment imposing a 5% community membership cap as inconsistent with statutory provisions mandating open membership and not in the society's interest.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Bye-laws amendment Cooperative housing society Membership restrictions

Purnima Bhanuprasad Gohil v. State of Maharashtra

09 Aug 2012 · Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that the time during which a document is in court custody and the period taken by stamp authorities for adjudication must be excluded from the four-month limitation period under Section 23 of the Registration Act, allowing registration of the Settlement Deed presented beyond four months.

civil appeal_allowed Significant Registration Act, 1908 Section 23 Stamp duty Bombay Stamp Act, 1958

Abbott India Limited v. Assistant Commissioner of Income-tax Circle 2(1)(1)

01 Aug 2012 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that reopening of income tax assessment for AY 2008-09 was invalid as the statutory provisions and circular relied upon were not applicable retrospectively and the petitioner had disclosed all material facts, thus quashing the reopening notice and related order.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Indian Institute of Architects Navi Mumbai Center v. The City & Industrial Development Corporation Ltd

31 Jul 2012 · G. S. Kulkarni; Jitendra Jain
Cites 0 · Cited by 62

The Bombay High Court upheld CIDCO's authority to change land use within its nodal plan and allot land for commercial purposes while directing the State Government and CIDCO to ensure adequate land is allocated free of cost to NMMC for developing an international standard sports complex in Navi Mumbai.

administrative other Significant CIDCO NMMC Government Sports Complex land use change

Shri Hari Ashram v. Vijay Jayantilal Patel & Anr.

30 Jul 2012 · Sandeep V. Marne

Trustees of a public charitable trust can sue trespassers for recovery of possession of trust property without prior consent of the Charity Commissioner under the Bombay Public Trusts Act, 1950.

civil petition_dismissed Significant Bombay Public Trusts Act, 1950 Charity Commissioner consent Section 50 BPT Act Section 51 BPT Act

M/s. Bassein Metals Pvt. Ltd. v. The National Small Industries Corpn. Ltd.

24 Jul 2012 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court upheld the winding up of a company unable to pay admitted debts despite acquittals in related criminal cases, emphasizing that civil liability and unchallenged decrees justify liquidation under Section 433(e) of the Companies Act.

corporate appeal_dismissed Significant winding up Section 433(e) Companies Act, 1956 Section 138 Negotiable Instruments Act demand promissory note

Dilip Jasaramji Mali v. Ramesh Ganesh Saxena

14 Jul 2012 · Sandeep V. Marne

The Bombay High Court held that eviction suits for rent default require a valid demand notice under section 15(2) of the Maharashtra Rent Control Act, and stale notices followed by accepted rent payments cannot sustain eviction decrees.

civil appeal_allowed Significant Maharashtra Rent Control Act, 1999 Section 15(2) demand notice eviction suit maintainability waiver of forfeiture

Wavy Construction LLP v. Asst. Commissioner of Income-tax, Circle-22(1) & Ors.

05 Jul 2012 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 2

The Bombay High Court held that the reassessment order passed within twelve months of its remand order is valid and not barred by limitation under Section 153(6) of the Income Tax Act, dismissing the petition challenging the same.

tax petition_dismissed Significant Income Tax Act, 1961 Section 147 Section 148 Section 151

Kusum Ramesh Shrike v. Kashinath Anna Jaigude

29 Jun 2012 · Sandeep V. Marne · 2018 (6) SCC 744
Cites 1 · Cited by 0

The Bombay High Court held that a mortgagee, even without ownership or prior possession, is entitled to recover possession from a gratuitous licensee, affirming the appellate court's order directing possession in favor of the mortgagee.

civil appeal_dismissed Significant mortgagee gratuitous licensee recovery of possession Transfer of Property Act Section 76

Oil and Natural Gas Corporation Limited v. Jindal Drilling and Industries Limited

27 Jun 2012 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 3

The Bombay High Court dismissed ONGC's appeals challenging the arbitral award in favor of Jindal after the reconstituted Arbitral Tribunal upheld Jindal's jurisdictional plea, rejecting ONGC's attempt to link Jindal and Discovery under the group of companies doctrine.

arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 16 jurisdiction challenge Group of companies doctrine Discovery and Jindal linkage

Awaaz Foundation v. Union of India & Ors.

25 Jun 2012 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 22

The Bombay High Court directed the Union and State Governments to promptly declare the Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive Area, rejecting the sufficiency of Conservation Reserve status and emphasizing urgent protection of this critical wildlife corridor.

environmental appeal_allowed Significant Ecologically Sensitive Area Sawantwadi-Dodamarg Corridor Environment Protection Act, 1986 Wildlife Protection Act, 1972

Mahendra Sabharu Majhi v. M/s. Mahlaxmi Enterprises & The Bajaj Allianz General Insurance Co. Ltd.

19 Jun 2012 · Jitendra Jain
Cites 0 · Cited by 5

The Bombay High Court held that a disability certificate issued by a qualified medical practitioner who did not treat the injured is valid for compensation claims under the Employees’ Compensation Act, 1923, and remanded the matter for fresh consideration.

labor appeal_allowed Significant Employees’ Compensation Act, 1923 disability certificate qualified medical practitioner loss of earning capacity

Saudi Arabian Airlines v. The General Secretary, Saudi Arabian Airlines Employees Association

17 May 2012 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Tribunal’s award setting aside the termination of security staff by Saudi Arabian Airlines, holding that BCAS did not prohibit self-handling of security functions and that the employer failed to comply with statutory closure and retrenchment procedures.

labor appeal_dismissed Significant self-handling of security functions closure of security department retrenchment Industrial Disputes Act, 1947