High Court of Bombay

5,131 judgments

Year:

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

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