High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Dr. Harish Shetty v. The State of Maharashtra & Ors.

17 Feb 2022 · Nitin Jamdar; M. M. Sathaye

The Bombay High Court directed Maharashtra to urgently establish and operationalize the State Mental Health Authority with full statutory compliance to protect the rights of persons with mental illness under the Mental Healthcare Act, 2017.

constitutional petition_allowed Significant Mental Healthcare Act 2017 State Mental Health Authority mental health establishments registration and supervision

Smt. Shamal Mahadeo Tate v. The District Collector

16 Feb 2022 · S.J. Kathawalla; Milind N. Jadhav
Cites 2 · Cited by 0

The Bombay High Court held that a putative second wife whose marriage is void under the Hindu Marriage Act is not entitled to family pension under the Maharashtra Civil Services Pension Rules, even after the death of the first wife.

administrative petition_dismissed Significant family pension putative second wife Hindu Marriage Act void marriage

Maharukh Mediomah Patel v. Ruksana Barodawala

16 Feb 2022 · Sandeep V. Marne

The High Court upheld unlawful dispossession but set aside dismissal of suit for insufficient description, holding that sufficient identification of property suffices for relief under Section 6 of the Specific Relief Act.

civil appeal_allowed Significant Section 6 Specific Relief Act unlawful dispossession possession description of suit property

Pravin Khimji Chauhan v. The State of Maharashtra

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

The Bombay High Court reduced the appellant's conviction from murder to culpable homicide not amounting to murder, sentencing him to 10 years imprisonment considering grave and sudden provocation and his conduct post-offence.

criminal appeal_allowed Significant murder culpable homicide not amounting to murder grave and sudden provocation self-defense

Ravi Subhash Naik v. The State of Maharashtra

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

The High Court reclassified the appellant's conviction from murder under section 302 IPC to culpable homicide not amounting to murder under section 304 Part II IPC, reducing the sentence accordingly due to lack of intention to cause death.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC culpable homicide dying declaration

Shell India Markets Private Limited v. Additional/Joint/Deputy/Assistant Commissioner of Income Tax

14 Feb 2022 · K. R. Shriram; N. J. Jamadar

The Bombay High Court held that the assessment order passed beyond the statutory one-month time-limit under Section 144C(13) of the Income Tax Act, 1961, without valid extension under the Relaxation Act or notifications, is illegal and quashed the order dated 30th September 2021.

tax petition_allowed Significant Income Tax Act, 1961 Section 144C(13) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 time-limit extension

Satyanarayan Bankatlal Malu & Ors. v. Insolvency and Bankruptcy Board of India & Ors.

14 Feb 2022 · Sandeep K. Shinde

The Bombay High Court held that offences under the Insolvency and Bankruptcy Code, 2016 are triable only by Special Courts consisting of Magistrates under the Companies Act, 2013, and not by Sessions or Additional Sessions Judges, quashing proceedings initiated before the latter for lack of jurisdiction.

criminal petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Special Courts Companies Act, 2013 Section 435 Companies Act

Ranjit Prakash Gaikwad v. State of Maharashtra

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

The Bombay High Court upheld the invalidation of the petitioner's caste certificate and consequent disqualification from Grampanchayat membership due to failure to produce genuine documentary evidence and proper compliance with procedural rules.

administrative appeal_dismissed Significant caste certificate Other Backward Class Maharashtra Caste Certificate Rules 2012 natural justice

Mansoorali Khan Ahmed Khan & Ors. v. State of Maharashtra

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

The Bombay High Court acquitted appellants of murder charges, holding that the extra judicial confession lacked reliability and independent corroboration, and the circumstantial evidence was insufficient to uphold conviction.

criminal appeal_allowed Significant extra judicial confession circumstantial evidence section 27 Indian Evidence Act murder conviction

C.P. Ravindranath Menon v. Union of India

14 Feb 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that a GST refund application filed manually is maintainable despite a circular mandating electronic filing, quashing the order rejecting the refund on procedural grounds.

tax appeal_allowed Significant GST refund manual filing electronic filing Rule 97A CGST Rules

Swapnil Baban Shinde v. State of Maharashtra

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

The Bombay High Court upheld the cancellation of the petitioner's caste certificate and consequent disqualification from a reserved Grampanchayat seat due to failure to prove the genuineness of caste claim documents and proper enquiry under the Maharashtra Caste Certificate Rules.

administrative appeal_dismissed Significant caste certificate OBC reservation Maharashtra Caste Certificate Rules 2012 Vigilance Cell enquiry

M/s. Century Enka Ltd v. Shri Ratansingh Prakashsingh Bange

14 Feb 2022 · Ravindra V. Ghuge

The Bombay High Court modified a Labour Court award granting reinstatement with full back wages by reducing back wages proportionately, holding that reinstatement relief under Section 11A must be commensurate with proven misconduct and past disciplinary record.

labor appeal_allowed Significant industrial dispute unauthorized absence disciplinary enquiry Section 11A Industrial Disputes Act

Hany Babu v. National Investigation Agency & State of Maharashtra

14 Feb 2022 · Nitin Jamdar; N.R. Borkar
Cites 2 · Cited by 0

The Bombay High Court dismissed the bail appeal of an accused member of the banned CPI (Maoist), holding that the material on record prima facie establishes his involvement in terrorist conspiracy under the UAP Act, thus bail is not warranted under Section 43-D(5).

criminal appeal_dismissed Significant bail Unlawful Activities (Prevention) Act Section 43-D(5) CPI (Maoist)

Phoenix Arc Pvt. Ltd. v. The Registrar, Debts Recovery Appellate Tribunal

11 Feb 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court quashed the stay on auction of secured assets granted on an incorrect pre-deposit amount, affirming that recovery authorities must verify actual dues before granting relief in debt recovery proceedings.

civil appeal_allowed Significant Debt Recovery Tribunal Debt Recovery Appellate Tribunal Recovery Certificate Pre-deposit

Munish Rajkumar Mahajan v. The Union of India

11 Feb 2022 · R.D. Dhanuka; N.R. Borkar

The Bombay High Court held that a final assessment order determining service tax dues entitles the declarant to file under the 'Arrears' category of the SVLDR Scheme, and reclassification under 'Litigation' is impermissible.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Service Tax Assessment Order Arrears category

Deepak Annaraya Metakari; Ramchandra Mhalappa Petaragi; Kamalabai Siddhappa Kothe v. The State of Maharashtra

10 Feb 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court acquitted appellants convicted of murder due to failure of the prosecution to establish guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence murder Section 302 IPC illicit relationship

The State of Maharashtra v. Omprakash @ Munna Aliyar Singh & Ors.

10 Feb 2022 · S. S. Shinde; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court dismissed the State's appeal against acquittal in a murder case, holding that the prosecution failed to prove guilt beyond reasonable doubt and the trial court's findings were not liable to be disturbed.

criminal appeal_dismissed Significant Acquittal Appeal against acquittal Eyewitness testimony Reasonable doubt

Acquino Avith Martis v. The State of Maharashtra

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

The Bombay High Court upheld the appellant's conviction for murder and attempted suicide, finding the prosecution's evidence credible and motive established beyond reasonable doubt.

criminal appeal_dismissed Section 302 IPC Section 309 IPC murder attempted suicide

State of Maharashtra v. Ramraksha Chhatradhari Singh

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

The High Court dismissed the State's appeal and upheld the acquittal of accused for murder due to failure of prosecution to prove guilt beyond reasonable doubt on circumstantial evidence.

criminal appeal_dismissed Significant circumstantial evidence benefit of doubt appeal against acquittal Section 302 IPC

The State of Maharashtra v. Mahadev Ramu Takkekar & Ors.

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

The Bombay High Court dismissed the State's appeal upholding the trial Court's acquittal under Section 326 IPC and affirmed convictions under lesser offences based on the nature of injuries caused by an agricultural tool.

criminal appeal_dismissed Section 326 IPC grievous hurt agricultural tool as weapon Section 325 IPC