High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

WYNK Ltd v. TIPS Industries Ltd

20 Oct 2022 · G. S. Patel; Gauri Godse

The Bombay High Court held that internet-based on-demand streaming services cannot claim statutory license under Section 31D of the Copyright Act, 1957, and offline downloads by users constitute copyright infringement.

intellectual_property appeal_dismissed Significant Copyright Act 1957 Section 31D statutory license internet streaming

Radhe Zulidas Mandal v. The State of Maharashtra

20 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and robbery charges due to incomplete and inconsistent circumstantial evidence failing to exclude reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence last seen together theory benefit of doubt recovery of stolen property

Mrs. Kusum Ramesh Agarwal and Ors. v. State Minister for Co-operation and Ors.

19 Oct 2022 · SANDEEP K. SHINDE

The Bombay High Court held that mandatory consultation with the Federal Society is a precondition for removal of a co-operative society committee member under Section 78A(1)(b), quashing the removal order for lack of such consultation.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act Section 78A(1)(b) removal of committee member consultation with Federal Society

Mr. Nivedan Bhimrao Torne v. The Municipal Corporation of Greater Mumbai

18 Oct 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J

The Bombay High Court upheld the suspension of a municipal employee despite delayed charge-sheet issuance, directing timely completion of disciplinary proceedings without granting interim relief against final orders.

administrative petition_dismissed Significant suspension disciplinary proceedings charge-sheet preliminary inquiry

Roshini Kapoor v. Union of India

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

The High Court held that an accused granted bail with travel restrictions must seek prior trial court permission for international travel, which may consider and decide on any Look Out Circulars issued against the accused.

criminal petition_dismissed Significant Look Out Circular bail conditions travel abroad interim bail

Guma Tech Marine Services v. State of Maharashtra

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

The High Court upheld the acquittal of a bank employee accused of forgery and criminal breach of trust, holding that mere verification of documents without evidence of collusion or benefit does not attract criminal liability under Sections 408 and 467 IPC.

criminal appeal_dismissed criminal breach of trust forgery Section 408 IPC Section 467 IPC

Hitesh Santosh Vartak v. The State of Maharashtra

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

The Bombay High Court dismissed the appellant's bail plea in a rape case under Section 376 IPC and the Atrocities Act, holding that the prosecution made out a prima facie case and the appellant's antecedents justified denial of bail.

criminal appeal_dismissed bail Section 376 IPC Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act sexual assault

Haridas Raosaheb Bedare v. The State of Maharashtra

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

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, acquitted him of dowry harassment charges, and sentenced him to 10 years imprisonment considering the incident occurred in sudden quarrel and heat of passion.

criminal appeal_allowed Significant dying declaration culpable homicide not amounting to murder Exception 4 to Section 300 IPC intoxication

Ajay Ram Pandit v. The State of Maharashtra

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

The High Court acquitted the appellant of murder charges due to failure of the prosecution to conduct timely psychiatric examination despite knowledge of his mental illness, granting him benefit of doubt under Section 84 IPC.

criminal appeal_allowed Significant unsoundness of mind Section 84 IPC mens rea psychiatric examination

Shri Namdeorao G Gadkh v. Nasik Municipal Corporation for Greater Mumbai

18 Oct 2022 · R. D. Dhanuka; Kamal Khata
Cites 2 · Cited by 0

The Bombay High Court held that failure to initiate acquisition within six months of a Purchase Notice under the MRTP Act causes reservation of land to lapse, invalidating subsequent acquisition proceedings.

property appeal_allowed Significant Maharashtra Regional Town Planning Act Section 127 Land Acquisition Act reservation lapsing

Raju Kondiram More v. State of Maharashtra

17 Oct 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the appellant's conviction for murdering his wife by setting her ablaze, relying on corroborated dying declarations and a complete chain of circumstantial evidence.

criminal appeal_dismissed Significant circumstantial evidence dying declaration Section 302 IPC Section 32 Evidence Act

Jyoti Jagtap v. National Investigating Agency & State of Maharashtra

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

The Bombay High Court dismissed bail to accused Jyoti Jagtap in the Bhima Koregaon case, holding that prima facie material under the UAP Act establishes her involvement with the banned CPI (Maoist) and conspiracy, thus bail is not warranted.

criminal appeal_dismissed Significant bail Unlawful Activities (Prevention) Act Section 43-D(5) prima facie

Mahadeo @ Jijya Nathu Thorve v. State of Maharashtra

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

The High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding that the assault occurred in sudden fight without premeditation.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part II IPC Exception 4 to Section 300 IPC culpable homicide

Apsara Co-operative Housing Society Ltd. v. Vijay Shankar Singh

15 Oct 2022 · Sandeep V. Marne

A cooperative housing society formed for collective management of flats is neither an 'industry' under the Industrial Disputes Act nor an 'establishment' under the Maharashtra Shops Act, rendering labor claims under these statutes not maintainable against it.

labor appeal_allowed Significant cooperative housing society industry definition establishment definition Industrial Disputes Act, 1947

Pandurang Dhondli Khape v. Atmaram Bapu Shinde & Ors.

14 Oct 2022 · Milind N. Jadhav

The Bombay High Court upheld the condonation of a 25-year delay in a land boundary appeal due to non-service of notice, directing a detailed inquiry into the parties' rights.

property petition_dismissed Significant Maharashtra Land Revenue Code, 1966 Section 247 condonation of delay limitation

Priya Paul v. State of Maharashtra

13 Oct 2022 · Revati Mohite Dere; S. M. Modak

The Bombay High Court held that the State Police Complaints Authority lacks jurisdiction to direct FIR registration, quashing both its order and the consequent FIR as illegal.

criminal appeal_allowed Significant State Police Complaints Authority FIR registration jurisdiction Maharashtra Police Act

The State of Maharashtra v. Vandana Ramesh Mungekar & Ors.

13 Oct 2022 · Milind N. Jadhav

The Bombay High Court upheld the MACT's compensation award applying multiplier 15 and set aside contributory negligence deduction, dismissing the State's appeal in a motor accident claim.

civil appeal_dismissed Significant motor accident claim compensation calculation multiplier contributory negligence

Kaizar F. Pithapurwala & Ors. v. Khurshid Safakat Hussain Ladhi & Ors.

12 Oct 2022 · M. S. Karnik

The Bombay High Court held that a refusal to dispose of a suit on merits due to lack of jurisdiction is not a return of plaint and thus not appealable under Order XLIII Rule 1(a) CPC, dismissing the appeal as not maintainable.

civil appeal_dismissed Significant Order VII Rule 10 CPC Order XLIII Rule 1(a) CPC Bombay City Civil Court Act 1948 Section 3 inherent jurisdiction

Nayana Premji Savala v. The Union of India

12 Oct 2022 · K. R. Shriram; A. S. Doctor

The Bombay High Court held that leasing containers with transfer of possession and effective control constitutes a deemed sale subject to VAT, not service tax, and quashed the service tax demand on the transaction.

tax petition_allowed Significant transfer of right to use goods deemed sale service tax value added tax

Nisha Nitin Koppikar v. The State of Maharashtra

12 Oct 2022 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court held that the maximum maintenance payable under Section 9(2) of the Senior Citizens Act is Rs.10,000 per senior citizen per month, modifying the Tribunal's order accordingly while upholding the children's liability to maintain their parents.

family appeal_allowed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 9(2) maintenance allowance cap senior citizens maintenance