High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Sheetal Anil Berlekar & Babasaheb Gangaram Daingade v. The State of Maharashtra

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

The Bombay High Court acquitted appellants of murder charges due to inconsistencies in eyewitness testimony and failure of prosecution to prove the case beyond reasonable doubt.

criminal appeal_allowed Significant eyewitness testimony benefit of doubt quality of evidence topography

Essar Shipping Limited v. Union of India & Ors.

08 Feb 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that a DGFT circular clarifying the Foreign Trade Policy cannot retrospectively withdraw benefits already granted under the Served from India Scheme, invalidating demand notices issued to recover such benefits.

administrative appeal_allowed Significant Foreign Trade Policy Served from India Scheme Policy Circular DGFT

Bombay Gymkhana Limited v. Regional Director, ESI Corporation

08 Feb 2022 · N. J. Jamadar

The Bombay High Court held that the ESI Corporation is entitled to levy interest at varying statutory rates on unpaid contributions as a continuing liability, dismissing the appellant's challenge to interest charged above 6% for pre-amendment periods.

administrative appeal_dismissed Significant Employees’ State Insurance Act, 1948 interest on delayed contribution continuing default Section 39(5)

The State of Maharashtra v. Mohammad Aabed Mohammad Ajmir Shaikh

08 Feb 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan
Cites 0 · Cited by 1

The Bombay High Court upheld the death sentence of a man convicted for the brutal murder and sexual assault of a child, relying primarily on a voluntary extra-judicial confession and corroborative circumstantial evidence.

criminal appeal_dismissed Significant extra-judicial confession sexual assault child murder death sentence

Ashwini Builders and Developers Pvt. Ltd. v. Assistant Commissioner, Central Excise

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

The Bombay High Court held that orders passed on rectification applications under Section 74 of the Finance Act, 1994 qualify as 'Orders' under the Sabka Vishwas Scheme, entitling the petitioner to file under the 'Litigation Category' and quashed the demand notice placing the declaration under 'Arrears Category'.

tax petition_allowed Significant Sabka Vishwas Scheme Section 74 Finance Act 1994 Order of rectification Litigation Category

The State of Maharashtra v. Gulab Dattu Patil & Ors.

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

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 based on circumstantial evidence.

criminal appeal_dismissed Significant appeal against acquittal circumstantial evidence contract killing last seen theory

Sagar Bhagwan Dhembre v. State of Maharashtra

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

The High Court altered the appellant's conviction from murder to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, sentencing him to ten years imprisonment for causing death in a sudden fight without premeditation.

criminal appeal_allowed Significant culpable homicide murder Section 302 IPC Section 304 IPC

Nandu Dada Survase v. The State of Maharashtra

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

The Bombay High Court modified a murder conviction to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, recognizing grave and sudden provocation as mitigating circumstances.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC grave and sudden provocation

Nanda Rajendra Bhosale v. The State of Maharashtra

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

The Bombay High Court held that the original filing date of a Section 18 application under the Land Acquisition Act governs limitation, not the date of reconstruction after loss of records, and quashed the rejection of the petitioners' application filed within time.

administrative petition_allowed Significant Land Acquisition Act, 1894 Section 18 application Limitation period Reconstruction of records

Sayed Arshad Zaidi v. The Municipal Commissioner, The Municipal Corporation of Greater Bombay & Ors.

03 Feb 2022 · Sandeep K. Shinde J.

The Bombay High Court dismissed the contempt petition against the Municipal Corporation for alleged disobedience of court orders, holding that the eviction order was final and the Corporation’s counsel’s statement was binding only temporarily, with development permissions challenge requiring separate legal proceedings.

civil petition_dismissed Contempt of Courts Act, 1971 Eviction under Section 105B BMC Act Development permissions Intimation of Disapproval (IOD)

Kamla Chandrasingh Kabali v. Principal Commissioner of Income Tax-27

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

The Bombay High Court held that advance tax payments must be credited against tax liability under the Income Declaration Scheme, 2016, and directed issuance of the Form 4 certificate accordingly.

tax petition_allowed Significant Income Declaration Scheme, 2016 Advance Tax Tax Deducted at Source Form 4 Certificate

Surgonda Kalgonda Patil v. Ramkrishna Apa Topkar

02 Feb 2022 · A.S. Gadkari

The High Court upheld dismissal of an eviction suit where tenants had deposited rent pending fixation, had not acquired alternate accommodation, and the landlord's claim of bonafide need was unsubstantiated.

civil petition_dismissed Significant eviction rent arrears suit for possession reasonable and bonafide need

Wheels India Ltd. v. Ganesh Bajirao Vishwasrao

02 Feb 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the fairness of the domestic enquiry and set aside the Industrial Tribunal's award of reinstatement with backwages, holding the dismissal penalty for threatening co-workers was not disproportionate.

labor appeal_allowed Significant domestic enquiry principles of natural justice disproportionate punishment industrial dispute

M/s. Globus Petroadditions Pvt. Ltd. v. The Union of India

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

The Bombay High Court held that the Assistant Commissioner must comply with the Commissioner (Appeals-II)'s orders and cannot refuse compliance on grounds of pending appeal or review, quashing the Assistant Commissioner's rejection of GST refund claims.

administrative petition_allowed Significant GST refund Assistant Commissioner Commissioner Appeals Order compliance

GlaxoSmithKline Pharmaceuticals Ltd. v. Assistant Commissioner of Income Tax

01 Feb 2022 · M.S. Sonak; Jitendra Jain

The Bombay High Court quashed the reopening notice under Section 148 of the Income-tax Act for AY 2013-14, holding that no failure to disclose material facts justified reopening beyond four years.

tax petition_allowed Significant Income-tax Act 1961 Section 148 notice Reopening of assessment Failure to disclose material facts

Mpower Facility Services Pvt. Ltd. v. The Union of India

31 Jan 2022 · R.D. Dhanuka; S.M. Modak

The Bombay High Court held that bona fide admission of tax dues before the SVLDRS cut-off date suffices for scheme eligibility, setting aside the rejection of the petitioner’s declaration and directing grant of relief.

tax appeal_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme tax dues admission quantified tax dues service tax liability

Sayyad Naimali Kachruddin v. Border Roads Organisation

31 Jan 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court upheld the Border Roads Organisation's decision to declare a candidate permanently medically unfit due to Presternal Keloid Chest, emphasizing the finality of military medical standards and service conditions in recruitment.

administrative petition_dismissed Significant Permanent Medical Unfitness Presternal Keloid Chest Border Roads Organisation Medical Review Board

UCC Infrastructure Pvt. Ltd. v. Union of India

31 Jan 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that investigations initiated after 30th June 2019 do not bar eligibility under the Sabka Vishwas Scheme's voluntary disclosure category and quashed rejection orders for failure to grant hearing.

administrative petition_allowed Significant Sabka Vishwas Scheme 2019 voluntary disclosure investigation cut-off date natural justice

Shivaji Fakira Bhambare v. Dashrath Baburao Naik

31 Jan 2022 · Sandeep K. Shinde

The Bombay High Court dismissed the appeal seeking restoration of a civil appeal dismissed for willful breach of court undertaking, holding that intentional breaches cannot be condoned merely by subsequent remedy.

civil appeal_dismissed Significant breach of undertaking Order 39 Rule 11 CPC restoration of appeal willful breach

Anand Apartment Co-op Hsg. Society Ltd. v. Aikya Realty Pvt. Ltd. and Ors.

28 Jan 2022 · Sandeep K. Shinde, J.
Cites 1 · Cited by 0

The Bombay High Court upheld the validity of development permission granted with lawful relaxation of open space requirements under the MRTP Act and held that such permissions cannot be challenged in civil suits under Section 149 of the Act.

property appeal_dismissed Significant development permission Maharashtra Regional and Town Planning Act Development Control and Promotion Regulations Municipal Commissioner discretionary powers