High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Nitin Shamrao Samudre v. The State of Maharashtra

07 Apr 2022 · S. S. Shinde; Sarang V. Kotwal
Cites 1 · Cited by 0

The Bombay High Court upheld the life imprisonment convictions of accused Nos.1 and 2 for kidnapping and ransom under section 364-A IPC, while acquitting accused Nos.3 and 4 of concealing stolen property due to lack of exclusive possession.

criminal appeal_dismissed Significant kidnapping ransom section 364-A IPC identification parade

Voltas Limited v. Assistant Commissioner of Income Tax Circle -8(3) (1), Mumbai & Ors.

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

The Bombay High Court quashed the reopening notice under section 148 of the Income Tax Act for A.Y. 2015-16 as invalid due to lack of valid sanction, barred limitation, and being based on mere change of opinion without new material or failure to disclose.

tax petition_allowed Significant reopening of assessment section 148 Income Tax Act section 151 sanction change of opinion

Babu Vansha Gangad v. The State of Maharashtra

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

The High Court overturned a murder conviction due to unreliable prosecution evidence and improper reliance on the accused's Section 313 Cr.P.C. statement without corroboration or proper mental fitness assessment.

criminal appeal_allowed Significant Section 302 IPC Section 313 CrPC confession mental fitness

Ganesh Suresh Jadhav & Ors. v. The State of Maharashtra

05 Apr 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court acquitted appellants convicted of murder due to unreliable eyewitness testimony, contradictory medical evidence, procedural lapses, and failure of prosecution to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant homicidal death solitary witness test identification parade medical evidence

Akanksha Babasaheb Shinde v. State of Maharashtra

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

The Bombay High Court allowed the petitioner’s writ challenging invalidation of her Scheduled Tribe certificate and directed issuance of a provisional validity certificate pending reconsideration of related caste validity proceedings.

administrative petition_allowed Significant Scheduled Tribe certificate caste validity certificate pre-constitution period documents cultural affinity test

Kanaiyabhai Lalbhai v. Kalpesh Patel

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

The Bombay High Court dismissed the appeal against the refusal of interim injunction in a partition suit, holding that the appellant failed to establish a prima facie case due to the existence of a valid Release Deed and that appellate interference with the Single Judge's discretion was unwarranted.

civil appeal_dismissed Significant interim injunction prima facie case oral family arrangement Release Deed

Atul Gorakhnath Ambale v. The State of Maharashtra

01 Apr 2022 · Revati Mohite Dere

The Bombay High Court rejected bail on medical grounds for an accused in a POCSO case and issued directions to ensure expeditious and child-friendly recording of evidence of child victims in sexual offence trials.

criminal petition_dismissed Significant POCSO Act Section 35(1) child victim evidence expeditious trial

C. C. Dangi & Associates v. Assistant Commissioner of Income Tax

31 Mar 2022 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 2

The Bombay High Court quashed the reassessment notice issued under Section 148 of the Income Tax Act based on unverified CGST information, holding that mechanical reliance without proper verification amounts to non-application of mind.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Section 148A reassessment

Kesar Terminals & Infrastructure Ltd v. The Deputy Commissioner

31 Mar 2022 · M. S. Sonak; Jitendra Jain

The Bombay High Court quashed a combined order reopening assessment and disposing objections for violating mandatory procedure and natural justice, allowing the writ petition without relegating to appeal.

tax petition_allowed Significant Income Tax Act Section 148 Reopening of assessment Combined order

Madhukar Vijay Mali v. State of Maharashtra

30 Mar 2022 · S. S. Shinde; Sarang V. Kotwal

The Bombay High Court partly allowed appeals arising from a murder trial, acquitting one accused and reducing the other's conviction from murder to culpable homicide based on credible extrajudicial confession corroborated by independent evidence.

criminal appeal_allowed Significant extrajudicial confession culpable homicide not amounting to murder Section 304 Part-I IPC Section 302 IPC

Uday Mansuclal v. Union Territory of Dadra & Nagar Haveli and Daman & Diu

30 Mar 2022 · M.S. Sonak; Jitendra Jain

The Bombay High Court upheld the validity of land acquisition for constructing a government guest house, ruling that the acquisition served a public purpose and that belated objections filed after the statutory period could not be entertained.

property petition_dismissed Significant land acquisition public purpose Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 opportunity of hearing

Hotel & Restaurant Association (Western India) v. Commissioner, State Excise, Maharashtra

29 Mar 2022 · G. S. Patel; Madhav J Jamdar

The Bombay High Court dismissed petitions challenging the 2021-22 foreign liquor license fee notification, holding no entitlement to fee concessions due to COVID-19 restrictions and affirming the State's regulatory authority.

administrative petition_dismissed Significant FL-III license Maharashtra Prohibition Act license fees COVID-19 pandemic

Harish Gangji Dedhiya v. Union of India and Others

29 Mar 2022 · K. R. Shriram; N. R. Borkar

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for lack of rational nexus and non-application of mind in the reasons recorded.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Reasons recorded

Dumubai Co-Operative Housing Society Ltd. v. Mr. Peter John D’Souza and Ors.

29 Mar 2022 · Sandeep K. Shinde

The Bombay High Court dismissed the appeal by a housing society challenging municipal approvals and interim relief refusals, holding that reliefs affecting bona fide flat purchasers cannot be granted without substantive claims.

civil appeal_dismissed declaratory decree interim injunction building permission Occupation Certificate

Vijay Vasant Kulkarni v. Assistant Commissioner of Income Tax Circle (2), Pune

29 Mar 2022 · M. S. Sonak; Jitendra Jain

The Bombay High Court dismissed the writ petition challenging reassessment proceedings under the Income Tax Act, holding that the petitioner must avail the alternate remedy of appeal and that writ jurisdiction is not to be exercised in such tax disputes.

tax petition_dismissed Significant Income Tax Act Section 147 Reassessment Article 226

Maharashtra State Contractor’s Association v. The State of Maharashtra

29 Mar 2022 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 1

The Bombay High Court upheld the administrative discretion to club multiple works into single tenders and dismissed the petitioner’s challenge for suppression of prior litigation, imposing costs for abuse of process.

administrative petition_dismissed Significant tender clubbing administrative sanction government resolution reservation for unemployed engineers

Bajaj Auto Limited v. Deputy Commissioner of Income Tax, Circle

25 Mar 2022 · K. R. Shriram; Dr. Neela Gokhale
Cites 1 · Cited by 2

The Bombay High Court held that reopening an income tax assessment on issues already considered during original proceedings amounts to impermissible change of opinion and quashed the reassessment notice.

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

CNH Industrial (India) Private Limited v. The Union of India

24 Mar 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court quashed multiple delayed show cause notices against CNH Industrial due to inordinate delay and violation of natural justice principles, prohibiting further adjudication.

administrative appeal_allowed Significant show cause notice delay in adjudication natural justice call book

ATA Freight Line (I) Pvt. Ltd. v. Union of India

24 Mar 2022 · R.D. Dhanuka; S.M. Modak

The Bombay High Court quashed show cause notices pending for nearly a decade due to inordinate delay and non-adjudication, holding that revenue authorities must adjudicate within a reasonable time and cannot indefinitely keep cases in call book without informing the party.

administrative petition_allowed Significant show cause notice call book inordinate delay adjudication

Balaji Tower Coop. Housing Soc. Ltd. v. The State of Maharashtra

24 Mar 2022 · Amit Borkar

The Bombay High Court upheld the validity of bifurcation of a cooperative housing society under the Maharashtra Cooperative Societies Act without requiring prior permission from the lessor, emphasizing statutory override over other property laws.

administrative appeal_allowed Significant bifurcation cooperative housing society Maharashtra Cooperative Societies Act Section 17