High Court of Bombay

5,131 judgments

Year:

Vidyaa Sudhir Moravekar v. Serious Fraud Investigation Office

18 Dec 2024 · Revati Mohite Dere; Advait M. Sethna

The Bombay High Court quashed the Look-Out Circular against a senior citizen accused after chargesheet filing and cognizance, emphasizing that LOCs require valid reasons and cannot be maintained post-bail and cooperation.

criminal petition_allowed Significant Look-Out Circular Serious Fraud Investigation Office chargesheet cognizance

Arya Sandip Tarar v. National Testing Agency & Ors.

18 Dec 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court allowed a writ petition directing admission of a candidate to MBBS by creating a supernumerary seat, holding that a valid Caste Validity Certificate suffices despite non-production of the original Caste Certificate referenced therein.

constitutional appeal_allowed Significant Caste Validity Certificate MBBS admission Institutional Stray Vacancy Round restitutive justice

M/s. Pyramid Land Developers v. Mr. Shivnarayan Acchaibar Singh & Ors.

18 Dec 2024 · M. M. Sathaye

The Bombay High Court upheld an interim injunction restraining a terminated developer from using a conveyance deed executed under a cancelled power of attorney, emphasizing the validity of termination and the need to protect redevelopment progress.

civil appeal_dismissed Significant Development Agreement Power of Attorney Slum Rehabilitation Authority Interlocutory injunction

Arun Bhoomi Corporation v. M/s. Jagruti Developers

17 Dec 2024 · Arif S. Doctor

The Bombay High Court set aside an Arbitral Tribunal's interim order granting reliefs to Jagruti Developers due to gross delay, procedural errors, and conflict with prior court orders, emphasizing strict adherence to principles governing interim relief under arbitration law.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 17 interim relief delay and laches Real Estate Regulatory Authority (RERA)

Savitri Shekuram Jadhav v. Subhash Namdev Shinde

17 Dec 2024 · S. M. Modak

The Bombay High Court allowed a writ petition permitting expert examination of the petitioner’s thumb impression to challenge execution of a registered agreement for sale, affirming that denial of execution can be proved despite the document’s registration.

civil petition_allowed Significant agreement for sale registered document thumb impression Section 92 Indian Evidence Act

Shashikant Sakharam Gawade v. State of Maharashtra

16 Dec 2024 · A. S. Chandurkar; Rajesh S. Patil

The Bombay High Court held that the Chief Judicial Magistrate has the power to extend the period of the Writ of Commission under Section 14 of the SARFAESI Act without requiring a fresh application, directing expeditious execution of possession orders with necessary assistance.

civil petition_allowed Significant SARFAESI Act Section 14 Chief Judicial Magistrate Writ of Commission

Gopal Radheshyam Yadav v. State of Maharashtra

16 Dec 2024 · Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court granted bail to the accused in a MCOC Act case, holding that the statutory conditions for invoking the Act were not met and prolonged detention without trial violated fundamental rights.

criminal appeal_allowed Significant Maharashtra Control of Organized Crime Act Section 18 confession predicate offence organized crime syndicate

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