High Court of Bombay

5,131 judgments

Year:

The Commissioner of Income Tax-IV, Pune v. Dr. Kasliwal Medical Care & Research Foundation

21 Oct 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that non-disposal of a registration application under Section 12AA(2) within six months does not result in deemed registration, overruling the Tribunal's order and following the later Supreme Court precedent.

tax appeal_allowed Significant Section 12AA(2) Income Tax Act deemed registration registration of trusts Income Tax Appellate Tribunal

Praveen Kumar Passi v. Pradip Syamlal Das

21 Oct 2024 · Madhav J. Jamdar

The Competent Authority under the Maharashtra Rent Control Act has implied powers to sell attached goods to fully execute eviction orders, and partial delivery of possession does not amount to complete execution.

property appeal_allowed Significant Maharashtra Rent Control Act, 1999 Competent Authority Eviction order execution Section 45 Rent Act

Shivaji Damodar Karne v. The State of Maharashtra

21 Oct 2024 · Milind N. Jadhav
Cites 1 · Cited by 0

The High Court acquitted a bus driver of rash and negligent driving causing death due to lack of evidence and failure to consider contributory negligence, setting aside earlier convictions.

criminal appeal_allowed Significant rash and negligent driving Section 279 IPC Section 304A IPC contributory negligence

The People’s Education Society v. Dr. K. Sudhakar Reddy

21 Oct 2024 · Madhav J. Jamdar
Cites 0 · Cited by 1

The High Court upheld the Tribunal’s order setting aside the compulsory retirement of an associate professor, holding that the purported Chairman of the trust lacked authority due to rejected Change Reports, and that disciplinary action without competent authority violated natural justice.

administrative appeal_dismissed Significant Maharashtra Public Trusts Act, 1950 Change Report Compulsory retirement Principles of natural justice

Hemant Bharat Kachare v. Vasu Anna Shetty & Ors.

21 Oct 2024 · Sandeep V. Marne

The High Court held that tenant's unauthorized permanent constructions in rented premises justified eviction under Section 13(1)(b) of the Bombay Rent Act, setting aside the appellate court's reversal of eviction.

civil appeal_allowed Significant permanent structure Section 13(1)(b) Bombay Rent Act eviction rent agreement

Aspandiar Rashid Irani & Ors. v. Pasayadan Cooperative Housing Society Limited & Ors.

21 Oct 2024 · Amit Borkar

The Bombay High Court held that recovery of cooperative housing society dues under Section 154B-29 is not barred by limitation and applies to persons in possession regardless of membership or registered sale agreement.

civil petition_dismissed Significant Maharashtra Cooperative Societies Act Section 154B-29 recovery of society dues limitation

Ayushi Doshi v. None

17 Oct 2024 · Gauri Godse

The Bombay High Court held that the six-month cooling off period under Section 13B(2) of The Hindu Marriage Act is directory and can be waived when reconciliation is impossible, setting aside the Family Court's order and allowing the divorce by mutual consent petition.

family appeal_allowed Significant Section 13B Hindu Marriage Act cooling off period divorce by mutual consent waiver of waiting period

Kelvion India Pvt. Ltd. v. Shivaji Tukaram Gawari

17 Oct 2024 · Sandeep V. Marne

The High Court upheld the fairness of the departmental enquiry but set aside findings on unauthorised absence due to unlawful insistence on undertakings admitting unproved misconduct as a condition for resuming work.

labor appeal_allowed Significant departmental enquiry perversity Model Standing Orders unauthorised absence

Rajesh Khakar; Sameer Merchant; Dharmesh Dattani v. The State of Maharashtra; Yogesh Dattatray Bagul; The Commissioner of Police

17 Oct 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court quashed an FIR under Sections 420 and 406 IPC as the allegations disclosed only a civil dispute without criminal intent, holding that criminal proceedings cannot be used to settle contractual disputes.

criminal petition_allowed Significant quashing of FIR breach of contract vs cheating Section 420 IPC Section 406 IPC

Prachi Raviraj Barge v. State of Maharashtra and Ors.

16 Oct 2024 · Milind N. Jadhav

The Bombay High Court allowed transfer of a criminal complaint under Section 498-A IPC from Satara to Pune considering the applicant wife's caregiving responsibilities and hardship, balancing parties' convenience under Section 407 CrPC.

criminal appeal_allowed Significant Section 498-A IPC Section 407 CrPC transfer of criminal case domestic violence

Vijendra Kumar Jain v. The Insolvency & Bankruptcy Board of India & Ors.

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

The Bombay High Court upheld the one-year suspension of a Resolution Professional by the IBBI for failure to perform duties under the Insolvency and Bankruptcy Code, relying on unchallenged NCLAT findings and proper disciplinary procedure.

administrative appeal_dismissed Significant Resolution Professional Insolvency and Bankruptcy Code, 2016 Disciplinary Committee Suspension of registration

Pooja Sanjay Gondage v. State of Maharashtra & Ors.

16 Oct 2024 · Milind N. Jadhav

The Bombay High Court allowed transfer of a criminal case and restoration of a dismissed domestic violence application to Thane for convenience, financial hardship, and to avoid multiplicity of proceedings, directing expeditious hearing and legal aid appointment.

criminal appeal_allowed Significant Section 407 Cr.P.C. transfer of criminal case restoration of dismissed application Domestic Violence Act

Arun Valu Tambekar v. State of Maharashtra

16 Oct 2024 · Ravindra V. Ghuge; M. M. Sathaye

The Bombay High Court held that recoveries of excess pay from retired employees without valid contemporaneous undertakings are impermissible, quashing such recovery orders and directing refund of amounts deducted.

administrative petition_allowed Significant recovery of excess salary retiral benefits undertaking validity pay scale revision

Sandesh alias Shilvya Lajras Chopade v. Commissioner of Police, Pimpri Chinchwad & Ors.

16 Oct 2024 · Sarang V. Kotwal; S.M. Modak

The Bombay High Court quashed a preventive detention order due to unexplained delay in deciding the petitioner's representation, violating Article 22(5) of the Constitution.

criminal petition_allowed Significant preventive detention Article 22(5) representation delay M.P.D.A. Act

Tata Capital Limited v. Priyanka Communications (India) Pvt. Ltd.

15 Oct 2024 · Firdosh P. Pooniwalla

The Bombay High Court held that the existence of a valid arbitration agreement must be prima facie established at the Section 11 stage, and disputes involving financial institutions under SARFAESI Act can be referred to arbitration notwithstanding parallel statutory proceedings.

commercial_arbitration appeal_allowed Significant Section 11 Arbitration and Conciliation Act, 1996 SARFAESI Act RDDB Act arbitrability

Ashok Kumar Rungta v. Income Tax Officer 24(1)(1)

15 Oct 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court allowed the appellant's income tax appeals, holding that disallowance of expenses for alleged bogus purchases must be based on cogent evidence and that mere suspicion or partial disallowance without justification is impermissible.

tax appeal_allowed Significant bogus purchases disallowance of expenses Income Tax Appellate Tribunal Assessing Officer

Manda w/o Prakash Sonawane v. The State of Maharashtra & Ors.

15 Oct 2024 · Ravindra V. Ghuge; M.M. Sathaye

The Bombay High Court held that pension and gratuity benefits cannot be withheld from legal representatives of a deceased employee appointed on a reserved post despite pending caste certificate validation, emphasizing welfare obligations and procedural fairness.

administrative petition_allowed Significant pensionary benefits retiral benefits caste certificate validation reserved post

Sadanand Ramchandra Newase v. Rajeshwari Suresh Newase

15 Oct 2024 · S. M. Modak

The Bombay High Court allowed the petitioner to adduce secondary evidence by producing a photocopy of a lost notarized will in probate proceedings, setting aside the trial court's refusal.

civil appeal_allowed Significant probate secondary evidence lost will Indian Succession Act

Azharali Jaferali Qureshi v. The State of Maharashtra

14 Oct 2024 · Milind N. Jadhav
Cites 3 · Cited by 0

The Bombay High Court overturned the conviction of an accused under Section 332 IPC due to contradictory prosecution evidence and procedural lapses, acquitting him for lack of proof beyond reasonable doubt.

criminal conviction_overturned Significant Section 332 IPC Assault on public servant Contradictory eyewitness testimony Section 313 CrPC

Swati v. The State of Maharashtra

14 Oct 2024 · Ravindra V. Ghuge; M. M. Sathaye · 2018 SCC OnLine Bom 103

The Bombay High Court allowed the writ petition directing issuance of a Scheduled Tribe validity certificate to the petitioner based on consistent documentary evidence despite prior invalidation by the Scrutiny Committee.

administrative petition_allowed Significant Scheduled Tribe certificate Thakar tribe caste certificate contra entry