High Court of Bombay

4,240 judgments

Year:

Bermaco Energy Systems Limited v. Directorate of Enforcement

02 Dec 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court held that appeals under Section 42 of the PMLA challenging orders of the Appellate Tribunal must be entertained on the criminal side of the High Court as the proceedings are criminal in nature despite involving civil court powers.

criminal other Significant Prevention of Money Laundering Act, 2002 Section 42 PMLA Appeal jurisdiction Criminal side vs Civil side

Vinesh Rashmikant Shah and Ors. v. Pee Jay Traders and Ors.

29 Nov 2024 · R.I. Chagla

The Bombay High Court held that Zenith Enterprises is not a necessary party in the Plaintiffs’ suit for specific performance, upheld the validity of Plaintiffs’ registered Agreements, and decreed the suit in terms of the compromise between Plaintiffs and Defendants, rejecting Zenith’s claims.

civil appeal_dismissed Significant specific performance impleadment agreement for sale constructive notice

State of Maharashtra v. Chandrakant Revansidha Mathapati

29 Nov 2024 · Milind N. Jadhav

The Bombay High Court dismissed the State's appeal against acquittal in a bribery case due to contradictions in the sole eyewitness's testimony, granting benefit of doubt to the accused under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act bribery demand and acceptance benefit of doubt

Prathamesh Nayan Mulye v. The State of Maharashtra

29 Nov 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court allowed the writ petition directing approval of a Laboratory Assistant's appointment despite procedural irregularities, emphasizing uninterrupted service and non-vitiation by reservation backlog.

administrative appeal_allowed Significant appointment approval laboratory assistant procedural irregularity government resolution

Deepak Manaklal Katariay v. Ahsok Motilal Katariya

29 Nov 2024 · Amit Borkar

The High Court held that the Trial Court erred in conflating jurisdiction with maintainability and restored the arbitration application under the Arbitration Act, 1940, directing the Trial Court to decide on merits.

civil appeal_allowed Significant jurisdiction maintainability Arbitration Act 1940 Arbitration and Conciliation Act 1996

Smt. Pooja Yogesh Singh v. The State of Maharashtra

29 Nov 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe
Cites 0 · Cited by 1

The Bombay High Court dismissed the petition challenging refusal of approval for a teacher's appointment, holding that the advertisement published in a fortnightly newspaper did not comply with mandatory legal requirements, rendering the recruitment invalid.

administrative petition_dismissed Significant MEPS Act 1977 MEPS Rules 1981 Rule 9(2-A) Teacher recruitment

Kondiba Gunjal v. The Union of India and The State of Maharashtra

28 Nov 2024 · Bharat P. Deshpande

The Bombay High Court granted bail to an accused under the NDPS Act, holding that prolonged incarceration without trial progress violates the right to speedy trial and statements under Section 67 NDPS are inadmissible as confessional evidence.

criminal appeal_allowed Significant NDPS Act Section 67 NDPS Section 37 NDPS bail

Rajaram Raghunath Koli v. The State of Maharashtra

28 Nov 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe · AIR 2023 SC 1657

The Bombay High Court held that a person holding a Validity Certificate under the Koli (SBC) category cannot claim a different caste certificate without surrendering the existing certificate, dismissing the petitioner's claim for a Malhar Koli Scheduled Tribe certificate.

administrative petition_dismissed Significant Validity Certificate Caste Certificate Scheduled Tribe Special Backward Class

Afsana Sarfaraj Ahmed Patel v. Sarfaraj Ahamad Mainodin Patel

28 Nov 2024 · Milind N. Jadhav

The Bombay High Court dismissed the criminal appeal challenging acquittal of husband and his family in a domestic cruelty case due to lack of cogent evidence and delay in complaint.

criminal appeal_dismissed Section 498A IPC cruelty unlawful demand domestic violence

Dist. Dharashiv (Osmanabad) v. Terna Medical College & Hospital

28 Nov 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court allowed a writ petition directing admission of a meritorious candidate on a supernumerary seat after wrongful denial by a medical college demanding impermissible fees, applying the principle of restitutive justice.

administrative appeal_allowed Significant medical admission Institutional Quota Fees Regulating Authority Section 14(5) Maharashtra Act 2015

Neilan International Co Limited v. Powerica Limited

27 Nov 2024 · Arif S Doctor

The Bombay High Court upheld enforcement of a foreign arbitral award against challenges based on unilateral assignment and public policy, affirming that unchallenged tribunal findings on jurisdiction and assignment are final and binding.

commercial_arbitration appeal_allowed Significant foreign arbitral award enforcement Section 48 Arbitration Act public policy exception assignment of arbitration agreement

Sushmita Lalchand Yadav v. State of Maharashtra

26 Nov 2024 · Milind N. Jadhav

The Bombay High Court allowed the criminal revision and discharged the accused from Section 306 IPC, holding that mere harassment without active instigation does not constitute abetment of suicide.

criminal appeal_allowed Significant Section 306 IPC abetment of suicide discharge application WhatsApp conversation

Suyesha Arun Vaswade v. State of Maharashtra

26 Nov 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court held that biological lineage and existing valid Scheduled Tribe Certificates of paternal relatives must be recognized in granting tribe certificates, quashing refusals based solely on historical record entries.

administrative appeal_allowed Significant Scheduled Tribe Certificate Koli Mahadev biological lineage caste certificate refusal

Shahaji Nanai Thorat Alias Shahajirao Dhondiba Thorat v. State of Maharashtra Returning Officer

26 Nov 2024 · Sandeep V. Marne

The Bombay High Court held that review petitions are not maintainable against its orders dismissing election petitions under the Representation of the People Act, 1950, as the Act does not confer power of review and provides a self-contained remedy scheme.

constitutional petition_dismissed Significant Representation of the People Act, 1950 Election Petition Review Petition Power of Review

Shahaji Nanai Thorat Alias Shahajirao Dhondiba Thorat v. State of Maharashtra Returning Officer & Ors.

26 Nov 2024 · Sandeep V. Marne

The Bombay High Court held that review petitions are not maintainable against its orders dismissing election petitions under the Representation of the People Act, 1951, as the Act does not confer power of review and is a self-contained code.

constitutional petition_dismissed Significant Representation of the People Act, 1951 Election Petition Review Petition Power of Review

Shri. Hanuman Maruti Mandir Deosthan Trust v. Sau. Vina Yogesh Doke

25 Nov 2024 · Madhav J. Jamdar
Cites 2 · Cited by 0

The court upheld the cancellation of a second trust's registration for the same temple, holding that only one public trust can be registered per temple under the Maharashtra Public Trusts Act and that procedural review is permissible to correct fundamental errors.

administrative appeal_dismissed Significant Maharashtra Public Trusts Act, 1950 registration of public trust review power procedural illegality

Arun Popat Darekar v. Valuba Pandurang Urade

25 Nov 2024 · S. M. Modak

The High Court allowed the writ petition directing the trial court to permit Defendant No. 3 to lead independent evidence despite Defendant No. 2 having testified on his behalf, emphasizing the party's right to give evidence and balancing procedural rules.

civil appeal_allowed Significant Order XVIII Rule 3-A CPC Power of Attorney evidence Right to give evidence Civil Procedure Code

ALJ Residency Co-operative Housing Society Ltd. v. The State of Maharashtra

25 Nov 2024 · Sharmila U. Deshmukh

The Bombay High Court held that absence of occupation certificate does not bar grant of deemed conveyance under MOFA, and promoter’s default cannot defeat flat purchasers’ statutory rights.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership of Flats Act occupation certificate promoter's obligation

Arunkumar Udayraj Singh v. The State of Maharashtra and Anr

25 Nov 2024 · Milind N. Jadhav
Cites 2 · Cited by 0

The Bombay High Court upheld convictions for rash and negligent driving causing death and injury, rejecting contributory negligence and dismissing the revision application.

criminal appeal_dismissed Significant rash and negligent driving overtaking from wrong side fatal road accident contributory negligence

Rajrishi Bindawat v. The State of Maharashtra

25 Nov 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court dismissed petitions challenging arrests for a fatal hit-and-run, holding that non-communication of written grounds of arrest does not invalidate custody in serious offences where the accused are aware of the charges and evidence.

criminal petition_dismissed Significant grounds of arrest Article 22(1) Constitution of India Bharatiya Nagrik Suraksha Sanhita 2023 illegal arrest