High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Neha Khursheed Alam Shaikh v. State of Maharashtra & Ors.

24 Feb 2022 · A.A. Sayed; S.G. Dige

The Bombay High Court held that the Scrutiny Committee must issue a mandatory show cause notice and provide an opportunity of hearing before invalidating a caste certificate, quashing the impugned order and remanding the matter for fresh consideration.

administrative appeal_allowed Significant Caste Certificate Scrutiny Committee Show Cause Notice Rule 17(11)(i)

Anil Buvasaheb Jagtap v. The State of Maharashtra

24 Feb 2022 · S.J. Kathawalla; Milind N. Jadhav

The High Court held that disqualification of an elected Panchayat member for non-payment of property tax requires proof of due service of the tax bill, and quashed the order disqualifying the petitioner for lack of such proof.

administrative appeal_allowed Significant disqualification property tax due service Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

B.U. Bhandari Autolines Pvt. Ltd. v. The Assistant Commissioner of Income Tax

24 Feb 2022 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for lack of valid reasons and held that reopening requires a direct nexus between material and belief of escaped income.

tax petition_allowed Significant reopening of assessment Section 147 Income Tax Act Section 148 Income Tax Act reason to believe

Sara Chemicals and Consultants v. Rayaprolu Prabhakar Sreenivas

24 Feb 2022 · Abhay Ahuja

The Bombay High Court dismissed execution and interim applications against dissolved company and its ex-directors, holding that jurisdiction over insolvency and related fraud allegations lies exclusively with the NCLT/NCLAT under the Insolvency and Bankruptcy Code, 2016.

civil appeal_dismissed Significant Insolvency and Bankruptcy Code, 2016 NCLT jurisdiction Execution proceedings Corporate insolvency resolution process

Nishant Nandu Kamble; Nandu Ishwara Kamble; Rahul Nandu Kamble v. The State of Maharashtra

23 Feb 2022 · Sadhana S. Jadhav; Prithviraj V. Chavan

The Bombay High Court modified murder convictions to grievous hurt where the prosecution failed to prove intention or causation of death directly from the injury inflicted.

criminal appeal_allowed Significant Section 302 IPC Section 326 IPC Intention to cause death Grievous hurt

The State of Maharashtra v. Ashok Baban Mukane

23 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The High Court upheld the rape conviction but acquitted the accused of murder due to insufficient evidence, setting aside the death penalty and emphasizing the necessity of a complete circumstantial chain and reliable forensic proof.

criminal appeal_allowed Significant circumstantial evidence rape murder DNA evidence

Bertha Carvalho & Ors. v. Baldwin Joseph Francis D' Souza & Ors.

23 Feb 2022 · M. M. Sathaye

The High Court allowed eviction on bona fide requirement grounds, holding landlords are best judges of their residential needs and tenants cannot question internal family property arrangements.

civil appeal_allowed Significant bona fide requirement eviction Bombay Rents Act 1947 landlord-tenant dispute

Santosh Ramesh Waghela & Ors. v. Santosh Sakahram Bhore & Ors.

22 Feb 2022 · Sandeep V. Marne

The Bombay High Court upheld the appellate order setting aside the disqualification of a Sarpanch, holding that construction of a house under a government rural housing scheme on government land does not amount to encroachment warranting disqualification without concrete proof.

administrative petition_dismissed Significant disqualification Village Panchayats Act encroachment government land

Manmohan Kapani v. Kapani Resorts Pvt. Ltd.

22 Feb 2022 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court granted interim relief under Section 9 of the Arbitration Act protecting an investor's rights and restraining alienation of properties linked to misappropriated investment funds pending arbitration.

civil appeal_allowed Significant Section 9 Arbitration Act interim relief share allotment Section 42(6) Companies Act

Phulrenu Harilal Chauhan v. State of Maharashtra

21 Feb 2022 · Sunil B. Shukre; Amit Borkar

The Bombay High Court held that historical residence within Bombay Presidency on the cut-off date validates Scheduled Caste certificate claims despite subsequent state reorganisation, directing issuance of caste certificates to the petitioner's children.

administrative appeal_allowed Significant Scheduled Caste certificate Mochi caste residence proof cut-off date

Bargalsidhha Dharmanna Padwale & Ors. v. The State of Maharashtra

21 Feb 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court acquitted appellants in a dowry death case due to failure of prosecution to prove presence and overt acts beyond reasonable doubt, emphasizing strict application of principles governing circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence Section 302 IPC Section 498-A IPC dowry harassment

The State of Maharashtra v. Rajaram Sakharam Pawar & Ors.

21 Feb 2022 · S. S. Shinde; N. R. Borkar
Cites 1 · Cited by 0

The High Court upheld the acquittal of accused brothers in a murder case due to contradictions in eyewitness testimony and possibility of accidental death, emphasizing the appellate court's limited scope to disturb plausible trial court findings.

criminal appeal_dismissed Significant appeal against acquittal benefit of doubt eyewitness contradictions homicidal vs accidental death

Jalinder @ Vicky @ Vivek Ramchandra Jadhav v. The State of Maharashtra

21 Feb 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court upheld the conviction and life sentence of the appellant for murder under Section 302 IPC, rejecting the plea of provocation and reduction to culpable homicide.

criminal appeal_dismissed Significant Section 302 IPC Murder Premeditation Provocation

Tarun Keshrichand Shah & Priyalata Keshrichand Shah v. M/s Kishore Engineering Co. & Nak Engineering Company Pvt. Ltd.

21 Feb 2022 · S. M. Modak

The Bombay High Court held that a successor company not having privity of contract is neither a necessary nor proper party to a suit for recovery of service charges and cannot seek to set aside an ex-parte order against the original defendant.

civil appeal_allowed Significant impleadment Order 1 Rule 10 CPC ex-parte order successor company

Amol Baban Sangar v. The State of Maharashtra

21 Feb 2022 · Sunil B. Shukre; Amit Borkar

The Bombay High Court held that the Deputy Director of Education cannot review the Education Officer's approval for school employee appointments when including names in the Shalarth salary payment system absent statutory authority.

administrative petition_allowed Significant Shalarth system approval of appointment Education Officer Deputy Director of Education

Surbhi Hatmag Vinkar Audyogik Sahkari Sanstha maryadit v. The State of Maharashtra

18 Feb 2022 · G. S. Patel; Madhav J Jamdar

The Bombay High Court dismissed a petition challenging an e-tender limited to MSME and Khadi manufacturers, holding it did not violate the Handlooms Reservation Act or government procurement policy.

administrative petition_dismissed Significant Handlooms Reservation Act government procurement policy e-tender MSME reservation

Ramesh Kashinath Pawar v. Nashik Municipal Corporation

18 Feb 2022 · Prasanna B. Varale; S. M. Modak

The Bombay High Court held that a departmental inquiry against a retired municipal officer must be initiated within four years from discovery of misconduct and proper procedure must be followed before imposing pension penalties, remanding the matter for fresh decision.

administrative appeal_allowed Significant departmental inquiry pension deduction Maharashtra Civil Services (Pension) Rules, 1982 limitation period

Aircon Beibars FZE v. Heligo Charters Private Limited

17 Feb 2022 · A. K. MENON
Cites 1 · Cited by 0

The Bombay High Court enforced a foreign arbitral award despite respondent's objections on public policy and procedural grounds, affirming the narrow scope of refusal under Indian law.

commercial_arbitration petition_allowed Significant foreign arbitral award enforcement Arbitration and Conciliation Act, 1996 public policy of India

Pavan Morarka v. Assistant Commissioner of Income Tax – 2(3), Mumbai

17 Feb 2022 · K.R. Shriram; N.J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court held that reassessment notices issued beyond the limitation period without valid findings, directions, jurisdiction, or sanction under the Income Tax Act, 1961 are invalid and quashed the notices issued to the petitioners.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Section 149 limitation Section 150 finding or direction

SMT. Manisha Sanjay Nikam & Ors. v. The New India Assurance Co. Ltd.

17 Feb 2022 · V. G. Bisht

The insurance company must pay compensation for an accident caused by an unlicensed driver but can recover the amount from the vehicle owner under the 'pay and recover' principle.

civil appeal_allowed Significant motor accident claim insurance liability invalid driving license pay and recover