High Court of Bombay

5,131 judgments

Year:

T.A.N. Moorthy v. C.K. Narayan and Anr

02 Jan 2025 · Milind N. Jadhav

The High Court upheld the acquittal of the accused under Section 138 of the Negotiable Instruments Act, holding that the complainant failed to prove the existence of a legally enforceable debt at the time of cheque issuance.

criminal appeal_dismissed Significant Negotiable Instruments Act, 1881 Section 138 Section 139 Appeal against acquittal

The State of Maharashtra v. Shivaji Jaisingrao Patil

02 Jan 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the acquittal of a public servant in a bribery case due to invalid sanction and serious doubts in prosecution evidence, emphasizing the necessity of proper application of mind in sanction orders.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Sanction Order Application of mind Bribery

Vasantrao Sampatrao Nalavade v. District Collector, Satara & Ors.

02 Jan 2025 · Milind N. Jadhav

The High Court upheld the District Court's order setting aside injunction restraining defendants' use of a disputed road, holding that plaintiffs failed to establish prima facie ownership over the road which is prima facie a public road maintained by Gram Panchayat.

civil appeal_dismissed Significant injunction vahivat road public road private road

Kisan Soma Sathe v. The State of Maharashtra

02 Jan 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court allowed the discharge application of an accused, holding that confessional statements of co-accused recorded before police without Magistrate's presence are inadmissible and insufficient without corroborative evidence to frame charges.

criminal appeal_allowed Significant confessional statement co-accused discharge application Indian Evidence Act

Presenjeet Manabendra Sen v. The State of Maharashtra

02 Jan 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court set aside the applicant's conviction for rash and negligent driving causing death due to failure of prosecution to prove beyond reasonable doubt that he was driving the vehicle at the time of the accident.

criminal appeal_allowed Significant rash and negligent driving Section 279 IPC Section 304-A IPC hired vehicle

Smita Pansare & Ors. v. State of Maharashtra

02 Jan 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that judicial monitoring of investigation ends once the charge-sheet is filed and directed expeditious trial in the murder case of Govindrao Pansare, dismissing the petition for continued oversight.

criminal petition_dismissed Significant monitoring of investigation Article 226 charge-sheet Special Investigation Team

Navnath Dattatray Lokhande and Ors. v. Kunal Vikram Sawant and Ors.

02 Jan 2025 · Milind N. Jadhav

The High Court upheld the Trial Court's rejection of the application to dismiss the suit plaint under Order VII Rule 11 CPC, holding that the plaint discloses triable issues and a prima facie cause of action for cancellation of a registered Sale Deed.

civil appeal_dismissed Significant Order VII Rule 11 CPC Agreement for Sale Sale Deed Injunction order

Kishor Ramji Patel v. Sunanda Sudhakar Choughule

02 Jan 2025 · Milind N. Jadhav

The Bombay High Court upheld the Trial Court's order rejecting the Defendants' application to dismiss the Plaintiffs' suit for partition, injunction, and possession, holding that the suit is maintainable and not barred by res judicata or limitation.

civil appeal_dismissed Significant res judicata Order VII Rule 11 CPC partition suit permanent injunction

Nilesh Suresh Kene & Ors. v. Ashok Durga Pillay & Ors.

02 Jan 2025 · Milind N. Jadhav

The High Court held that the 120-day mandatory limitation period for filing Written Statements to Counter-claims in Commercial Suits commences only upon valid service of summons, and condoned delay beyond 120 days where summons were not served, dismissing the petition challenging such condonation.

civil petition_dismissed Significant Commercial Courts Act, 2015 Counter-claim Written Statement Condonation of delay

Solapur Municipal Transport Undertaking v. Ashok Leyland Ltd.

02 Jan 2025 · Milind N. Jadhav

The Bombay High Court allowed partial deposit for stay of execution of an arbitral award in a bus supply dispute, upheld the distinction between the Municipal Transport Undertaking and Corporation, and rejected unconditional stay on fraud grounds.

civil appeal_allowed Significant Arbitral Award Stay of Execution Motor Vehicles Act Section 52 Reinforcement Kit

SecLink Technologies Corporation v. The State of Maharashtra & Ors.

20 Dec 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J

The court upheld the cancellation of the earlier Dharavi redevelopment tender due to material changes involving railway land inclusion and dismissed the petition challenging the fresh tender and award to respondent No.3.

administrative petition_dismissed Significant tender cancellation material change railway land inclusion Letter of Award

The State of Maharashtra v. Swenjita Sanjeet Goraksha and Anr.

20 Dec 2024 · Milind N. Jadhav

The Bombay High Court upheld the acquittal of accused in a criminal case arising from a civil dispute, holding that inconsistent and uncorroborated prosecution evidence failed to prove guilt beyond reasonable doubt.

criminal appeal_dismissed Section 324 IPC Section 504 IPC Section 506 IPC Section 34 IPC

Nisar Abdul Shaikh v. State of Maharashtra and Anr.

20 Dec 2024 · Milind N. Jadhav

The High Court quashed the conviction under Section 326 IPC due to inconsistencies and lack of corroborative evidence, allowing the criminal revision and ordering the applicant's release.

criminal appeal_allowed Significant Section 326 IPC grievous hurt medical evidence independent eyewitness

AFX+Q Engineers v. Nikita Udyog

20 Dec 2024 · Milind N. Jadhav
Cites 12 · Cited by 0

The Bombay High Court held that it has jurisdiction under Sections 397 and 401 Cr.P.C. to accept consent terms and allow compounding of offences under Section 138 of the Negotiable Instruments Act even after conviction and appeal, subject to conditions and in the interest of justice.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Compounding of offences Section 397 Cr.P.C. Section 401 Cr.P.C.

AFX+Q Engineers and Anr. v. Nikita Udyog and Anr.

20 Dec 2024 · Milind N. Jadhav
Cites 11 · Cited by 0

The Bombay High Court held that it has jurisdiction under Section 397 Cr.P.C. to accept compromise terms and allow compounding of offences under Section 138 of the Negotiable Instruments Act even after conviction and appeal, subject to conditions in the interest of justice.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 147 Negotiable Instruments Act Section 397 CrPC Section 401 CrPC

ECGC Ltd. v. Nifty Labs Pvt. Ltd.

19 Dec 2024 · R.I. Chagla J.
Cites 7 · Cited by 0

The Bombay High Court set aside an arbitral award for lack of jurisdiction and upheld that non-disclosure in an insurance proposal voids the policy absent clear waiver.

commercial_arbitration appeal_allowed Significant arbitration jurisdiction composite transaction insurance contract non-disclosure

Sunil Vitthal Wagh v. State of Maharashtra

19 Dec 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court held that an accused arrested after filing of the charge-sheet who was shown as absconding is entitled to default bail under Section 167(2) CrPC if investigation is not completed within the prescribed period, affirming the interpretation in Pankaj vs. State of Maharashtra and emphasizing the constitutional protection of personal liberty.

criminal other Significant default bail Section 167(2) CrPC further investigation charge-sheet

Dr. Prince John Edavazhikal v. Collector of Stamps and Joint District Registrar, Palghar & Ors.

19 Dec 2024 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that stamp duty on a property sold by Bank of India under SARFAESI Act must be levied on the declared sale price in the Sale Certificate, not on independently assessed higher market value by Stamping Authorities.

property petition_allowed Significant stamp duty market value SARFAESI Act, 2002 Government Undertaking

Alka Shrirang Chavan & Anr. v. Hemchandra Rajaram Bhonsale & Ors.

19 Dec 2024 · Madhav J. Jamdar

The Bombay High Court held that a decree for specific performance is executable against transferees pendente lite under Section 52 of the Transfer of Property Act, and the executing court must enforce possession despite appellants' claims of title acquired during suit pendency.

civil appeal_dismissed Significant specific performance lis pendens transfer pendente lite Section 52 Transfer of Property Act

Jyoti Builders v. The Chief Executive Officer, The Slum Rehabilitation Authority & Ors.

18 Dec 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court dismissed the writ petition challenging the Slum Rehabilitation Authority’s orders, holding that rehabilitation alone does not confer land rights absent clear title and that acquisition under the Slum Act requires mandatory procedural compliance.

property petition_dismissed Significant Slum Rehabilitation Authority Section 14 Maharashtra Slum Act Land acquisition Preferential rights