High Court of Bombay

5,131 judgments

Year:

Roma Ramesh Kamble v. The State of Maharashtra & Ors.

02 Feb 2013 · Sandeep V. Marne
Cites 3 · Cited by 10

The Bombay High Court upheld that contract workers at minority girls' hostels have no right to regularization or permanent status absent sanctioned permanent posts, following the Apex Court precedent in State of Maharashtra v. Anita.

labor appeal_dismissed Significant contractual appointment regularization permanent posts Government Resolution

Noor Ahmed Mohammed Bagwan v. State of Maharashtra

31 Jan 2013 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the conviction of the appellant for murder based on a complete chain of circumstantial evidence including motive, last seen theory, recovery of the body, and medical proof of homicidal death.

criminal appeal_dismissed Significant circumstantial evidence last seen together theory motive homicidal death

Golu Mustak Khan v. State of Maharashtra

27 Jan 2013 · Sadhana S. Jadhav; N.J. Jamadar

The Bombay High Court upheld the murder convictions of accused nos. 1 to 3 based on a complete chain of circumstantial evidence and acquitted accused no.4 for lack of sufficient evidence.

criminal appeal_allowed Significant circumstantial evidence asphyxia due to throttling fratricide motive

M/S. FAIME MAKERS PVT.LTD v. DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES (3), MUMBAI

30 Dec 2012 · Sandeep V. Marne

The Bombay High Court upheld the competent authority’s order granting Deemed Conveyance of leasehold rights to a housing society, rejecting the petitioner’s objections on maintainability, promoter status, and area conveyed.

property petition_dismissed Significant Deemed Conveyance leasehold rights Maharashtra Ownership Flats Act, 1963 promoter obligations

Rajendra Tribhuvandas Navare v. Solapur Municipal Corporation

21 Dec 2012 · N.J. Jamadar · 2024:BHC-AS:1567-DB

The Bombay High Court held that the Industrial Court erred in dismissing a labour complaint solely on res judicata without framing the issue earlier or adjudicating substantive claims, and ordered fresh adjudication.

labor appeal_allowed Significant res judicata unfair labour practices permanency equal pay for equal work

Mohd. Zakir Habib Khan v. State of Maharashtra

14 Nov 2012 · S.S. Shinde; M.S. Karnik

The High Court acquitted the appellant of sexual offences, holding that the POCSO Act cannot be applied retrospectively and the victim's testimony was unreliable to sustain conviction.

criminal appeal_allowed Significant POCSO Act Section 6D POCSO retrospective application sexual assault

Mercedes-Benz India Pvt. Ltd. v. Noshir Nani Desai

24 Oct 2012 · Sandeep V. Marne

The Bombay High Court held that service during foreign assignment with a group company is continuous service for gratuity purposes and directed computation of gratuity based on basic salary under the Payment of Gratuity Act, dismissing challenges to the Appellate Authority's remand order.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 continuous service foreign assignment basic salary

Sambhaji Bhagwan Bade v. The State of Maharashtra

23 Oct 2012 · S.M. Modak
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction for rash and negligent driving causing death, modified the sentence to the period already served, and held that lacunae in 313 CrPC statements can be cured by additional questioning in revision.

criminal sentence_modified Significant Section 313 CrPC revision jurisdiction identity of accused rash and negligent driving

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 12

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

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 10

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