High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Madhavrao Bhagwatrao Rajebahadur and Ors. v. State of Maharashtra and Ors.

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

The Bombay High Court directed fresh land acquisition proceedings and compensation assessment under the 2013 Act after quashing an earlier award, ensuring fair compensation to petitioners whose land was utilized by the government.

administrative appeal_allowed Significant land acquisition Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Land Acquisition Act, 1894 writ petition

Kotak Mahindra Bank Limited v. The State of Maharashtra

12 Jan 2022 · G.S. Kulkarni; Rajesh S. Patil

The Bombay High Court held that possession orders under Section 14 of the SARFAESI Act must be executed promptly without being stalled by third party civil suits, which must be challenged only under Section 17 before the DRT.

civil petition_allowed Significant SARFAESI Act Section 14 SARFAESI Section 17 SARFAESI District Magistrate powers

Jayant Industries v. Indian Tobacco Company (ITC)

11 Jan 2022 · B. P. Colabawalla

The Bombay High Court dismissed the Plaintiff's copyright and passing off suit under Order XIII-A CPC for lack of real prospect of success due to fabricated evidence and abuse of process, awarding costs to the Defendant.

civil appeal_allowed Significant Order XIII-A CPC summary judgment copyright infringement passing off

Oracle Financial Services Software Limited v. Deputy Commissioner of India

10 Jan 2022 · K.R. Shriram; N. J. Jamadar

The Bombay High Court quashed the reopening of income tax assessment for AY 2014-15, holding that mere change of opinion without tangible material does not justify reassessment under section 147.

tax petition_allowed Significant reopening of assessment section 147 Income Tax Act reason to believe mere change of opinion

Parvathi Venkatesh v. State of Maharashtra

10 Jan 2022 · R. D. Dhanuka; Abhay Ahuja

The Bombay High Court held that a government servant discharged without fault before superannuation is entitled to compensation pension under MCS Pension Rules, and arbitrary denial of pension violates constitutional rights.

administrative appeal_allowed Significant compensation pension Maharashtra Civil Services Pension Rules superannuation pension annual increment

The State of Maharashtra v. XYZ

10 Jan 2022 · S. S. Shinde; S. P. Tavade
Cites 1 · Cited by 0

The High Court upheld the acquittal of the accused in a child sexual assault case due to contradictions and delays in prosecution evidence, emphasizing that the prosecution must prove guilt beyond reasonable doubt.

criminal appeal_dismissed Significant Section 376 IPC sexual assault minor victim medical evidence

Reliance General Insurance Co. Ltd. v. Mr. Keshar Gopal Singh Thakur

10 Jan 2022 · N.J. Jamadar
Cites 0 · Cited by 2

The Bombay High Court dismissed the insurer's appeal, holding that loss of the right eye constituted permanent total disablement for a driver under the Employees Compensation Act, 1923, entitling the employee to full compensation.

labor appeal_dismissed Significant Employees Compensation Act, 1923 Section 30 appeal permanent total disablement loss of right eye

Sunil Jay Prakash Singh v. Union of India

10 Jan 2022 · R. D. Dhanuka; S. M. Modak
Cites 0 · Cited by 2

The Bombay High Court held that rejection of an SVS Scheme application without granting a personal hearing violates natural justice and directed reconsideration after hearing.

administrative petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 natural justice personal hearing tax liability quantification

Parag Prakash Mutha v. Kashinath Barku Bhalsingh & Ors.

10 Jan 2022 · Sandeep V. Marne

The High Court set aside the trial court’s order impleading the petitioner’s parents as parties, holding they are not necessary parties under Order 1 Rule 10 CPC as their claims introduce distinct issues unrelated to the suit’s original controversy.

civil appeal_allowed Significant Order 1 Rule 10 CPC impleadment of parties necessary parties dominant litis

Bhimrao Baharang Chavare v. State of Maharashtra & Ors.

08 Jan 2022 · G. S. Kulkarni

The Bombay High Court set aside an order of the Competent Authority under the Money Lending Act for lack of jurisdiction, holding that the authority cannot order return of vehicles absent proof of illegal money lending and cannot usurp criminal court jurisdiction over seized property.

civil appeal_allowed Significant Maharashtra Money-Lending (Regulation) Act, 2014 Section 17(1) money lending jurisdiction

Yakinali Nasirali Shaikh v. The State of Maharashtra

07 Jan 2022 · Sadhana S. Jadhav; Prithviraj K. Chavan

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC, rejecting the defense of transferred malice and affirming the sufficiency of eyewitness and forensic evidence.

criminal appeal_dismissed Significant Section 302 IPC murder transferred malice doctrine of transferred malice

Haresh Narendra Gharat v. The State of Maharashtra

07 Jan 2022 · S. S. Shinde; N. R. Borkar

The Bombay High Court acquitted the appellant of murder due to failure of prosecution to prove his presence at the crime scene and incomplete circumstantial evidence, emphasizing the mandatory legal principles governing burden of proof and benefit of doubt.

criminal appeal_allowed Significant circumstantial evidence burden of proof Section 302 IPC Section 313 CrPC

State of Maharashtra v. Singarasingh Sarvansingh

07 Jan 2022 · S. S. Shinde; N. R. Borkar

The High Court dismissed the State's appeal and upheld the acquittal of accused due to inconsistencies between oral and medical evidence and lack of independent corroboration.

criminal appeal_dismissed assault grievous hurt medical evidence oral evidence

Vikram Trimbak Pawar v. Technocrat Construction

05 Jan 2022 · Sandeep V. Marne

The High Court held that a defendant can challenge conditional leave to defend in a substantive appeal and that deposit made before appellate court for stay can satisfy trial court's condition, remanding the suit for trial upon further deposit.

civil appeal_allowed Significant conditional leave to defend summary suit deposit as condition remand for trial

Alphonso D’Souza v. Apex Grievances Redressal Committee

05 Jan 2022 · M. S. Sonak; Kamal Khata · 2024:BHC-OS:12683-DB

The Bombay High Court held that the AGRC lacked original jurisdiction to entertain the 3rd respondent's application and set aside its order, directing the parties to resolve contractual disputes in civil courts.

administrative appeal_allowed Significant Apex Grievance Redressal Committee original jurisdiction appellate authority Maharashtra Slum Areas Act

Gunvant Rohidas Bansode v. State of Maharashtra

04 Jan 2022 · S.S. Shinde; Surendra P. Tavade

The High Court acquitted the appellant of murder charges due to failure of prosecution to establish a complete and conclusive chain of circumstantial evidence excluding all reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence Section 302 IPC murder benefit of doubt

Janardan Trimbak Wagh v. The State of Maharashtra

04 Jan 2022 · Prasanna B. Varale; N.R. Borkar

The Bombay High Court modified a murder conviction to culpable homicide not amounting to murder based on the reliability of the dying declaration and absence of premeditation.

criminal appeal_partly_allowed Significant dying declaration Section 302 IPC Section 304(I) IPC Exception 4 to Section 300 IPC

Kanaka Kedar Sapre v. Kedar Narhar Sapre & Ors.

04 Jan 2022 · Sandeep K. Shinde

The Bombay High Court held that applications under the Domestic Violence Act cannot be filed on behalf of a deceased aggrieved person, as the rights under the Act are personal and extinguish upon death.

criminal petition_dismissed Significant Protection of Women from Domestic Violence Act, 2005 Section 12 aggrieved person maintainability

Hareshwar Harischandra Mistry v. Pravin B. Nayak

04 Jan 2022 · N. J. Jamadar

The High Court enhanced compensation for permanent disability in a motor accident claim by applying the multiplier method and ordered interest from an earlier date, emphasizing just and detailed assessment under recognized heads of damages.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Section 166 compensation permanent disability

The New India Assurance Company Ltd. v. Rama Vishram Gavas

04 Jan 2022 · N. J. Jamadar
Cites 2 · Cited by 1

Dependents of a deceased borrower-driver are not entitled to compensation under Section 163-A of the Motor Vehicles Act, 1988, as the borrower is deemed to be in the shoes of the owner and not a third party.

civil appeal_partly_allowed Significant Section 163-A Motor Vehicles Act borrower-driver third party insurance liability