High Court of Bombay

5,131 judgments

Year:

Sandeep Pandurang Patil v. The State of Maharashtra & Ors.

19 Nov 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.
Cites 1 · Cited by 0

The Bombay High Court directed coordinated digital verification of real estate project documents under the RERA Act to prevent fraudulent registrations, while refusing a broad re-scrutiny absent specific evidence.

administrative petition_dismissed Significant Real Estate (Regulation and Development) Act, 2016 MahaRERA commencement certificate fraudulent registration

Rina Sanjiv Kamdar v. Mr. Murlidhar T. Tilwani

19 Nov 2024 · Madhav J. Jamdar

The Bombay High Court upheld issuance of process against a HUF member under Section 138/141 NI Act, holding that a HUF is not an "association of individuals" under Section 141 but specific averments of active involvement justify process.

criminal appeal_dismissed Significant Negotiable Instruments Act Section 138 Section 141 Hindu Undivided Family

Sunil Dharma Mane v. National Investigating Agency

18 Nov 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court dismissed the appellant's bail plea under the NIA Act, holding that the prosecution has established a prima facie case of conspiracy and murder involving the appellant, warranting denial of bail.

criminal appeal_dismissed Significant bail National Investigation Agency Act conspiracy murder

Manoj Suryakant Dalvi v. The State of Maharashtra & Tina Suny John

18 Nov 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court quashed criminal proceedings under Section 354 IPC against an airline security manager, holding that mere holding of a woman's hand without intent to outrage modesty does not constitute an offence.

criminal petition_allowed Significant Section 354 IPC outraging modesty intent to outrage criminal force

Dattatraya Ramchandra Chavan v. G. Jaykumar

18 Nov 2024 · S. M. Modak

The Bombay High Court held that a co-operative society member can be impleaded as a necessary party in a suit against a local authority concerning unauthorized construction affecting common property, even if the society itself is not a party.

civil appeal_allowed Significant impleadment Order I Rule 10(2) CPC co-operative society member rights unauthorized construction

L & T IHI Consortium v. Union of India & Ors.

14 Nov 2024 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court upheld the constitutional validity of GST levy on advances for supplies "agreed to be made" and denial of input tax credit until actual receipt of services, dismissing the petition challenging Sections 7, 12, 13, 16(2)(b), and refund provisions of the CGST Act.

tax petition_dismissed Significant GST input tax credit advance payment interest-free loan

Shivaji Santu Zanzad v. The State of Maharashtra

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

The High Court set aside convictions for rash and negligent driving causing death, emphasizing the need to consider contributory negligence and contradictory evidence before upholding such convictions.

criminal appeal_allowed Significant rash and negligent driving motor accident contributory negligence Section 279 IPC

Siti Networks Ltd. v. Rajiv Suri

13 Nov 2024 · B.P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that monies deposited in court by a corporate debtor prior to CIRP remain its assets subject to the IBC moratorium, allowing withdrawal of appeal and release of deposited funds to the corporate debtor.

corporate appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Section 14 moratorium Corporate Insolvency Resolution Process monies deposited in court

Subrao Sidu Kadam v. Keru Rama Chavan

13 Nov 2024 · S. M. Modak

The Bombay High Court allowed delayed amendments to plaints at the appellate stage without fresh evidence, limiting their effect to the amendment date and preserving limitation objections.

civil appeal_allowed Significant amendment of plaint limitation mortgage deed sale deed

Stive @ Lisban John Miranda v. The State of Maharashtra

13 Nov 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court ruled that furlough leave spilling over calendar years must be counted in the year sanctioned, entitling the prisoner to full leave in the subsequent year, and mandated timely decision on furlough applications.

criminal petition_allowed Significant furlough leave calendar year Maharashtra Prisons Rules Prisons Act 1894

Uday Sharad Kulkarni v. Claude Lila Narayan Parulekar

12 Nov 2024 · N.J. Jamadar

The Bombay High Court held it has concurrent jurisdiction under section 300 of the Indian Succession Act to entertain a petition for Letters of Administration including properties beyond its ordinary civil jurisdiction and allowed amendment of the petition while rejecting the caveator's application for rejection.

civil appeal_allowed Significant Letters of Administration Indian Succession Act 1925 Section 300 Section 273

Nagari Niwara Parishad v. Municipal Corporation of Greater Mumbai

12 Nov 2024 · ARUN R. PEDNEKER, J.
Cites 0 · Cited by 1

The High Court held that a property owner who transfers the property during pendency of a property tax appeal loses locus to continue the appeal, upheld the rateable value fixed by the Small Causes Court, and ruled that excess property tax can only be adjusted against future taxes, not refunded.

property appeal_dismissed Significant Mumbai Municipal Corporation Act, 1888 property tax rateable value transfer of property

Mohibullah Niyamatullah & Ors. v. State of Maharashtra & Ors.

12 Nov 2024 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that failure by authorities to initiate acquisition within statutory timelines causes reservation of land under the MRTP Act to lapse, allowing landowners to develop their property.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 notice land reservation lapse land acquisition

M/S. Truly Pest Solution Private Limited v. Principal Chief Mechanical Engineering

11 Nov 2024 · Rajesh S. Patil

The Bombay High Court upheld an arbitral award dismissing a contractor's claim, holding that a written waiver of arbitrator ineligibility bars challenge under Section 34 of the Arbitration Act.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 12(5) Section 34 Waiver of arbitrator ineligibility

M/s. Esjaypee Impex Pvt. Ltd. v. The Union of India

11 Nov 2024 · M. S. Sonak; Ashwin D. Bhobe

The Bombay High Court quashed a 21-year-old delayed customs show cause notice due to inordinate and unexplained delay violating natural justice and procedural fairness.

administrative petition_allowed Significant inordinate delay show cause notice natural justice principles of fairness

M/s Schulke India Pvt. Ltd. v. Union of India

11 Nov 2024 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:43151-DB

The Bombay High Court quashed a Ministry of Finance Press Release classifying hand sanitisers as disinfectants for GST purposes, holding that executive instructions cannot bind judicial/quasi-judicial authorities in classification matters under the GST Act.

tax petition_allowed Significant GST classification executive power separation of powers Press Release validity

Smt. Shilpa Jay Wagh v. State of Maharashtra

08 Nov 2024 · R. I. Chagla; Advait M. Sethna

The Bombay High Court held that a lawful caste validity certificate issued to a blood relative binds the Committee to grant the same certificate to the petitioner, overruling reliance on the affinity test and pending show cause notices.

constitutional petition_allowed Significant Scheduled Tribe Certificate Thakur Scheduled Tribe Caste Validity Certificate Affinity Test

Chetan Chandrakant Ahire v. Union of India

06 Nov 2024 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court dismissed a writ petition challenging Maharashtra Assembly election results on grounds of maintainability, lack of locus standi, and statutory bar, upholding the validity of the election process and use of EVMs.

constitutional petition_dismissed Significant Article 226 Election Commission of India Representation of the People Act, 1951 writ petition maintainability

Lemon Seeds Hospitality Pvt. Ltd. v. Union of India

25 Oct 2024 · Devendra Kumar Upadhyaya, CJ; M. M. Sathaye, J
Cites 3 · Cited by 0

The Bombay High Court dismissed the writ petition challenging an MPID Act auction sale, holding that explicit caution clauses and statutory procedures preclude refund claims despite non-availability of title documents.

civil petition_dismissed Significant MPID Act auction sale Transfer of Property Act Section 55 attachment

Ranjan Vasudeo Kolambe v. Appa alias Hanmant Maroti Hatnure and Another

25 Oct 2024 · A. S. Chandurkar; Rajesh S. Patil

The Bombay High Court dismissed the appellant's appeal against refusal of interim injunction in a copyright infringement suit involving coaching class notes on Indian Constitution and Economy, holding that no prima facie case of infringement was made out at the interlocutory stage.

civil appeal_dismissed Significant copyright infringement interim injunction original literary work public domain