High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Awadesh Singh Yadav & Ors v Labour Enforcement Officer Dadra & Nagar Haveli & Ors

23 Nov 2022 · G. S. Patel; Gauri Godse

The High Court held that denial of proper representation vitiated the domestic enquiry, quashed the approval of dismissal under Section 33(2)(b) of the Industrial Disputes Act, resulting in automatic reinstatement of workmen with back wages.

labor appeal_allowed Significant Industrial Disputes Act, 1947 Section 33(2)(b) domestic enquiry natural justice

The Principal Commissioner of Customs (General) v. Mahavir Logistics

23 Nov 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 0 · Cited by 1

The Bombay High Court upheld the CESTAT's order setting aside the revocation of a Customs Broker's license on grounds of proportionality while affirming penalty and forfeiture, emphasizing judicial review of punishment under Customs Broker Licensing Regulations.

administrative appeal_dismissed Significant Customs Broker Licensing Regulations, 2013 doctrine of proportionality judicial review revocation of license

Mohammad Azad Alam Diljad Ansari v. The State of Maharashtra

22 Nov 2022 · Sarang V. Kotwal

The Bombay High Court modified the appellant’s conviction from attempt to murder under Section 307 IPC to attempt to commit culpable homicide under Section 308 IPC, reducing the sentence accordingly due to lack of requisite intention.

criminal appeal_allowed Significant Section 307 IPC Section 308 IPC Attempt to murder Attempt to commit culpable homicide

Chandrakant Alias Chandar Basu Chavan v. The Commissioner Of Police & Ors.

21 Nov 2022 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order due to unreasonable delay in deciding the detainee's representation, affirming the constitutional right under Article 22(5) for expeditious consideration.

constitutional petition_allowed Significant preventive detention Article 22(5) representation unreasonable delay

Sheikhah Fadiah Saad Al-Abdullah Al-Sabah v. Sanjay Mishrimal Punamiya

18 Nov 2022 · B. P. Colabawalla

The Bombay High Court held that forged tenancy agreements executed after the landlord's death do not confer rights, declared the Defendants trespassers, and granted equitable relief including appointment of a Court Receiver and mesne profits to the Plaintiff.

civil appeal_allowed Significant tenancy agreement forgery constituted attorney possession

M/s. Renaissance Global Limited v. Union of India

18 Nov 2022 · K.R. Shriram; A.S. Doctor
Cites 2 · Cited by 0

The Bombay High Court held that import of finished jewellery for remaking within SEZs is permitted under the SEZ Act, and Customs authorities lack jurisdiction to impose penalties or confiscate such goods under the Customs Act.

administrative appeal_allowed Significant Special Economic Zone Act, 2005 Customs Act, 1962 import of finished jewellery remaking of jewellery

Santu Sukhdeo Jaibhave & Ors. v. Nashik Municipal Corporation & Ors.

18 Nov 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that failure to initiate acquisition within the statutory period after a valid Purchase Notice under Section 127 of the MRTP Act causes reservation of land to lapse, and a Draft Revised Development Plan not yet sanctioned cannot invalidate such notice.

administrative appeal_allowed Significant Maharashtra Regional Town Planning Act Section 127 Purchase Notice Reservation lapsing

Devendra Ramlal Bidlan v. Commissioner of Police Pune City & Ors.

18 Nov 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court quashed a preventive detention order due to unreasonable delay in considering the detainee's representation and failure to furnish vital documents, violating Article 22(5) of the Constitution.

criminal petition_allowed Significant preventive detention Article 22(5) representation delay detention order

QED Properties Private Limited v. Maharashtra State Road Development Corporation Limited & Ors.

18 Nov 2022 · Anuja Prabhudessai

The Bombay High Court held that a conditional Letter of Acceptance is not a concluded contract and its bona fide cancellation by a government undertaking is not arbitrary or illegal.

civil appeal_dismissed Significant Letter of Acceptance Concluded contract Government approval Lease agreement

Anjali Vilas Deshpande & Ors. v. Prabha Rajendra Gupta & Ors.

18 Nov 2022 · G.S. Patel; Gauri Godse

The Bombay High Court enhanced compensation in a motor accident claim by holding that the deceased's income should be determined based on Form 16, including future prospects, and awarded appropriate amounts for loss of consortium and other conventional heads.

civil appeal_allowed Significant motor accident claim compensation enhancement Form 16 income future prospects

Dr. Anand Teltumbde v. National Investigation Agency & Ors.

18 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the bail plea of Dr. Anand Teltumbde in a UAP Act case, holding that reasonable grounds exist to believe the accusations against him are prima facie true under Section 43-D.

criminal appeal_dismissed Significant bail Unlawful Activities (Prevention) Act Section 43-D prima facie

Ganesh Sidhanth Khilare v. The State of Maharashtra

18 Nov 2022 · Nitin Jamdar; M. M. Sathaye

The Bombay High Court held that an education authority cannot review or cancel an appointment approval without fraud or misrepresentation and directed entry of the petitioner's name in the Shalarth ID system.

administrative petition_allowed Significant Shalarth ID system Education Officer approval Review of administrative order Fraud and misrepresentation

Sabita Patra and ors v. The State of Maharashtra and anr

18 Nov 2022 · Bharati Dangre; Shyam C. Chandak
Cites 0 · Cited by 1

The Bombay High Court quashed an FIR alleging outrage of modesty under Section 354 IPC, holding the complaint to be malicious and the allegations unsubstantiated, thereby preventing abuse of process of law.

criminal petition_allowed Significant Section 354 IPC Outraging modesty Quashing of FIR Section 482 CrPC

Anand Apparao Mane v. The State of Maharashtra; Ravi Narayan Mane v. The State of Maharashtra

17 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court modified murder convictions to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC, recognizing the killing occurred in sudden fight and heat of passion without premeditation.

criminal appeal_allowed Significant culpable homicide not amounting to murder Exception 4 to Section 300 IPC Section 304 Part II IPC ocular evidence

Stanislaus J.T. D’Souza v. Federick Cyril Braganza

17 Nov 2022 · Anuja Prabhudessai

The Bombay High Court dismissed the writ petition challenging rejection of late-stage amendment and Commissioner appointment applications in a long-pending eviction suit, emphasizing judicial discretion to prevent abuse and uphold bonafide requirement principles.

civil petition_dismissed Significant Order VI Rule 17 CPC amendment of pleadings appointment of Commissioner bonafide requirement

Shri Yuvraj Datajirao Patil v. District Deputy Registrar Co-op. Societies, Kolhapur & Ors.

17 Nov 2022 · Sandeep K. Shinde

The Bombay High Court held that disqualification of a cooperative society committee member for loan default under Section 73CA operates automatically upon due declaration, is not remedied by payment or resignation, and does not require a removal order under Section 78A.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act Section 73CA disqualification cessation of membership

Shabbir Kankaru Inamdar v. Mirza Salimbeg Jabbarbeg & Ors.

16 Nov 2022 · Madhav J. Jamdar, J.
Cites 1 · Cited by 0

The Bombay High Court held that under Section 22(1)(b) of the Specific Relief Act, a plaintiff suing for specific performance can amend the plaint at any stage to claim injunction relief, overriding CPC provisions, and allowed the petitioner to amend accordingly.

civil appeal_allowed Significant Specific Relief Act Section 22 Amendment of plaint Injunction relief Specific performance

Monty Bahadur Karotiya v. Commissioner of Police, Thane

15 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court quashed a preventive detention order for failure to furnish vital injury certificates to the detenu, violating his constitutional right to make an effective representation under Article 22(5).

criminal petition_allowed Significant preventive detention Article 22(5) Constitution of India non-communication of grounds injury certificates

Amol Ambadas Bankar & Amol Bhagwan Shende v. The State of Maharashtra

15 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the appeal and upheld the conviction of appellants for murder based on strong circumstantial evidence including motive, recovery of incriminating articles, and DNA identification of the deceased.

criminal appeal_dismissed Significant circumstantial evidence murder motive last seen theory

Thr. Chief General Manager & Anr v. Sandeep Sadanand Vanjari

14 Nov 2022 · M. S. Karnik

The Bombay High Court held that while labour disputes should generally be decided on all issues together to avoid delay, a Labour Court may frame and decide preliminary issues when the employee enjoys interim protection, and set aside the Industrial Court's order directing otherwise.

labor appeal_allowed Significant preliminary issue labour dispute unfair labour practice MRTU & PULP Act