High Court of Bombay
5,131 judgments
Sunita Gorakhnath Deshmukh v. State of Maharashtra
The Bombay High Court held that overage objections raised belatedly after long service and retirement cannot be sustained, directing regularization and payment of benefits to employees similarly situated to others whose overage was condoned.
Tukaram Moraba Jaunjal and Ors. v. Mangala Balkrishna Patwardhan and Ors.
The Bombay High Court dismissed the writ petition challenging eviction on ground of continuous non-user without reasonable cause, upholding concurrent factual findings and limiting interference under Article 227.
Baban Sadashiv Sasar and Ors. v. Nivrutti Sabaji Sasar & Ors.
The Bombay High Court dismissed the second appeals holding that the suit for partition challenging old registered sale and gift deeds was barred by limitation and the properties sold to third parties ceased to be joint family property.
M/s. Poonawalla Estate Stud & Agricultural Farm v. Commissioner of Income Tax
The Bombay High Court held that insurance claims received for death of horses treated as capital assets cannot be taxed as profits under Section 41(1) but only as capital receipts under Section 45 of the Income Tax Act, 1961.
Aniket Mahendra Mandhare & Ors. v. Sukhdev Dattatray Waje & Ors.
The Bombay High Court held that a plaint cannot be rejected entirely under Order VII Rule 11 CPC if any relief claimed is maintainable, remanding the suit for trial on merits including alternative claims and limitation issues.
Rajendra Shankar Raut v. The State of Maharashtra
The Bombay High Court upheld the murder conviction of Accused No.1 with modified sentencing but acquitted Accused No.2 due to insufficient evidence, emphasizing the prosecution's burden to prove guilt beyond reasonable doubt and the necessity of proper examination under Section 313 CrPC.
Rawman Metal & Alloys v. The Deputy Commissioner of State Tax, Thane
The Bombay High Court held that Rule 86-A CGST Rules permits blocking of Input Tax Credit only if credit is available in the Electronic Credit Ledger at the time of the order, rejecting the concept of blocking future or nil credits.
Aditya Vishvanath Golwad v. The State of Maharashtra
The Bombay High Court quashed the rejection of a Scheduled Tribe certificate claim due to manipulated genealogical evidence and directed a fresh detailed inquiry into the petitioner’s and his father’s claims.
Aditya Birla Housing Finance Limited v. M/s. Rise Projects Pvt. Ltd.
The Bombay High Court dismissed the Lender’s application for arbitration reference due to lack of territorial jurisdiction, holding that the cause of action and arbitration seat must have a real nexus with the Court’s territory.
Nagani Akram Mohammad Shafi v. The Union of India & The State of Maharashtra
The Bombay High Court held that offences under the Bharatiya Nyaya Sanhita, 2023 correspond to scheduled offences under the PMLA despite the repeal of the IPC, applying Section 8(1) of the General Clauses Act, and invalidated the executive notification attempting to substitute statutory references without legislative sanction.
Dattatray Laxman Desai v. Deputy Collector and Competent Authority
The Bombay High Court held that the Supreme Court's Shantistar Builders judgment and related government resolution apply prospectively, denying retrospective benefit to schemes sanctioned before 31 January 1990.
Vinayak Baban Parab v. Snehal Vinayak Parab
The High Court reduced the interim maintenance for a minor child from Rs.30,000 to Rs.23,250 per month, emphasizing that maintenance must be reasonable and based on the child's actual needs rather than speculative income claims.
Kishor Prabhakar Patwardhan v. The State of Maharashtra
The Bombay High Court held that the period of an interim restraint order must be excluded from the limitation period under Section 23 of the Registration Act, allowing registration of documents presented after such restraint is lifted.
Kishor Prabhakar Patwardhan v. The State of Maharashtra
The Bombay High Court held that the period of a court restraint order must be excluded from the limitation period under Section 23 of the Registration Act, allowing registration of documents presented after the statutory period due to bona fide delay.
Kamlesh Mishra v. The State of Maharashtra
The Bombay High Court quashed criminal proceedings under Sections 354-B and 506(II) IPC as the allegations were inherently improbable and motivated by malice, applying its inherent powers under Article 226 and Section 482 CrPC.
Srinwati Mukherji v. State of Maharashtra & Ors.
The Bombay High Court held that a flat booked but not yet possessed does not qualify as a "Shared Household" under the DV Act, and relief directing payment of installments under Section 19 is not maintainable.
Ningbo Aux Imp & Exp Co. Ltd. v. Amstrad Consumer India Pvt. Ltd.
The Bombay High Court held that interim measures under Section 9 of the Arbitration Act cannot be granted against a third party deleted from enforcement proceedings and against whom the foreign arbitral award is not enforceable.
Bharat Petroleum Corporation Ltd. v. Assistant Commissioner of Income Tax
The Bombay High Court held that reopening income tax assessments beyond four years requires failure to disclose material facts and quashed reassessment notices issued on mere change of opinion without such failure.
Saravana Prasad v. Endemol India Private Limited
The Bombay High Court held that interim deposit and disclosure directions under arbitration can be imposed on an OPC but not on its sole shareholder personally, reaffirming the limited liability protection of OPCs under the Companies Act.
Baban Bhiva Jadhav v. The State of Maharashtra
The Bombay High Court upheld conviction under Section 304 Part II IPC based on reliable dying declarations and corroborative evidence despite minor inconsistencies and investigation lacunae.