High Court of Bombay

4,240 judgments

Year:

Bhartiya Samruddhi Finance Ltd v. The State of Maharashtra

16 Dec 2024 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court upheld an arbitral award directing payment to Bhartiya Samruddhi Finance Ltd. for delayed rollout of CSCs, holding that lack of last mile broadband connectivity excused delay and liquidated damages could not be imposed without proof of loss.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 liquidated damages viability gap funding

Appa Bhagwan Patil v. The State of Maharashtra

14 Dec 2024 · Milind N. Jadhav

The Bombay High Court quashed the conviction for robbery under Section 392 IPC due to insufficient and contradictory prosecution evidence, emphasizing the necessity of proving all essential ingredients beyond reasonable doubt.

criminal conviction_overturned Significant robbery Section 392 IPC extortion weapon recovery

P.R. Naik and M.J. Brahmabhatt v. The State of Maharashtra

14 Dec 2024 · Milind N. Jadhav

The High Court quashed convictions under the Drugs and Cosmetics Act due to fatal procedural lapses, undue delay in sample analysis, and improper storage, emphasizing strict adherence to statutory timelines and safeguards.

criminal appeal_allowed Significant Drugs and Cosmetics Act, 1940 Rule 45 Drugs and Cosmetics Rules Government Analyst report drug sample analysis delay

Sambhaji Uttam Suryavanshi v. State of Maharashtra & Anr.

14 Dec 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the conviction and life sentence of a father for repeatedly sexually assaulting his two-and-a-half-year-old daughter, affirming the sufficiency of medical and testimonial evidence under the POCSO Act.

criminal appeal_dismissed Significant POCSO Act penetrative sexual assault vaginal penetration hymenal injury

Lalit Shyam Tekchandani v. State of Maharashtra

13 Dec 2024 · Bharati Dangre; Manjusha Deshpande
Cites 2 · Cited by 0

The Bombay High Court held that failure to communicate grounds of arrest in writing, even when arrest is effected pursuant to Production Warrants under Section 267 Cr.P.C., renders the arrest and remand orders illegal, violating Articles 21 and 22 of the Constitution.

criminal appeal_allowed Significant grounds of arrest Article 22(1) Constitution of India Section 50 Cr.P.C. Production Warrant

Union of India v. Smt. Ameenabi and Another

12 Dec 2024 · Milind N. Jadhav

The High Court dismissed the appeal against acquittal of a woman charged with unauthorized possession of gold, holding that prosecution failed to prove conscious possession beyond reasonable doubt due to lack of corroborative evidence and independent witnesses.

criminal appeal_dismissed Significant Customs Act, 1962 Gold Control Act, 1968 contraband gold possession

A.H. Wadia Charity Trust v. Airport Authority of India

11 Dec 2024 · Milind N. Jadhav

The Bombay High Court held that the amended Section 25 of the Land Acquisition Act applies where awards are declared post-amendment, allowing enhanced compensation beyond claims made during Section 9 inquiry, and accepted the Claimants’ valuation based on comparable sales for lands acquired for Mumbai Airport extension.

property appeal_allowed Significant Land Acquisition Act, 1894 Section 25 amendment market value comparable sales method

Jayanti Vikas Naik & Ors. v. Bibi Begum Fakir Saheb & Ors.

10 Dec 2024 · S. M. Modak

The High Court held that symbolic possession under Order XXI Rules 35 and 36 CPC is valid after demolition of suit premises, dismissing the judgment debtor's challenge to execution of an eviction decree.

civil petition_dismissed Significant Order XXI Rule 35 CPC Order XXI Rule 36 CPC possession warrant symbolic possession

Ratnadeep Ram Patil v. The State of Maharashtra & Ors.

09 Dec 2024 · Bharati Dangre; Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court quashed an FIR under Section 79 BNS against an Advocate, holding that statements made in judicial proceedings without intent to insult a woman's modesty are protected by privilege and no offence is made out.

criminal petition_allowed Significant Section 79 Bharatiya Nyaya Sanhita Insulting modesty of woman Advocate privilege Mens rea

Bhagwat Bajirao Kale v. The State of Maharashtra

09 Dec 2024 · Bharati Dangre; Manjusha Deshpande
Cites 4 · Cited by 0

The Bombay High Court upheld the death sentence of Bhagwat Bajirao Kale for the brutal murder of four family members, emphasizing strict adherence to procedural safeguards and comprehensive consideration of mitigating factors in capital punishment cases.

criminal appeal_allowed Significant death sentence confirmation rarest of rare circumstantial evidence mitigating circumstances

Indian Express (P) Ltd v. Prashant Ambekar

09 Dec 2024 · Sandeep V. Marne

A delinquent employee in a domestic enquiry is entitled to legal representation only if the management representative is a legally trained mind, which requires pleadings and evidence of such training or experience; mere legal background of the enquiry officer is insufficient.

labor appeal_allowed Significant domestic enquiry legal representation legally trained mind management representative

The State of Maharashtra v. Vishal Prakash Shinde and Ors.

06 Dec 2024 · Milind N. Jadhav

The High Court upheld the acquittal of accused in a dowry harassment case, holding that mere allegations of demand and harassment without specific proof do not constitute cruelty under Section 498A IPC.

criminal appeal_dismissed Significant Section 498A IPC cruelty harassment demand for dowry

Rahul Madan Sharma v. The State of Maharashtra

06 Dec 2024 · Sarang V. Kotwal; Dr. Neela Gokhale

The Bombay High Court quashed the FIR and criminal proceedings under the NDPS Act against the petitioner due to lack of material evidence and improper destruction of seized narcotic substances.

criminal petition_allowed Significant NDPS Act quashing of FIR destruction of seized narcotic substance prima facie evidence

Sharadchandra Ramkrishna Deshmukh v. Kuldeep Builders

06 Dec 2024 · Amit Borkar

The High Court held that in execution proceedings, interest must be calculated as per the decree till realization and reciprocal claims adjusted after interest calculation, quashing the Executing Court's order restricting interest and prematurely deducting amounts.

civil appeal_allowed Significant Order XXI Rule 19 CPC interest calculation execution of decree adjustment of reciprocal claims

Vijay Lulla v. State of Maharashtra

05 Dec 2024 · Milind N. Jadhav

The Bombay High Court allowed the revision application and discharged accused No.6 for lack of prima facie evidence linking him to the murder conspiracy or incident, emphasizing that mere presence without active involvement is insufficient to proceed to trial.

criminal appeal_allowed Significant discharge under Section 227 Cr.P.C. prima facie evidence conspiracy murder

Daniel Ifeanychukwu Ezieke v. State of Maharashtra

04 Dec 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court held that continued detention of foreign nationals after serving their sentence, solely on apprehension of absconding, violates Article 21 and ordered their release subject to reasonable conditions pending deportation.

criminal petition_allowed Significant Article 21 illegal detention foreign nationals Foreigners Act, 1946

Avinash Madhav Dhotre v. Khushi Avinash Dhotre

03 Dec 2024 · S. M. Modak

The Bombay High Court held that a daughter's statutory right to maintenance cannot be barred by a prior Lok Adalat settlement between her parents, and a plaint cannot be rejected under Order VII Rule 11(d) CPC on grounds outside the plaint's averments.

civil petition_dismissed Significant Order VII Rule 11(d) CPC Lok Adalat award maintenance claim Hindu Adoption and Maintenance Act

Shri Bhaskar Dhondu Prabhulkar v. The Chief Officer, The Kokan Housing & Area Development Board

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

The Bombay High Court dismissed a petition by individual cooperative society members challenging the lawful conversion of amenity plots to commercial cum residential use, holding that only the society can sue and the change of use was valid under applicable regulations.

administrative petition_dismissed Significant amenity plots change of land use cooperative society locus standi

Ravindra Waghu Jadhav v. The State of Maharashtra

02 Dec 2024 · Milind N. Jadhav

The Bombay High Court upheld the conviction under Section 498A IPC but modified the sentence to the period already served, emphasizing the need for reliable medical evidence and allowing interference under Section 397 CrPC due to discrepancies in prosecution evidence.

criminal sentence_modified Significant Section 498A IPC cruelty dowry demand medical evidence

Jayesh Natwarlal Shah v. The State of Maharashtra

02 Dec 2024 · Milind N. Jadhav

The Bombay High Court upheld the conviction of accused for cheating under Section 420 read with Section 34 IPC, dismissing their revision petition for lack of any illegality or perversity in the trial and appellate courts' findings.

criminal appeal_dismissed Section 420 IPC Section 34 IPC cheating common intention