High Court of Bombay

4,240 judgments

Year:

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

Rakesh Matasharan Shukla v. The State of Maharashtra

11 Oct 2024 · Milind N. Jadhav

The Bombay High Court quashed the stalking conviction under Section 354D IPC but upheld rash and negligent driving convictions under Sections 279 and 337 IPC, reducing the sentence to time already served and ordering the applicant's immediate release.

criminal appeal_allowed Significant stalking Section 354D IPC rash and negligent driving Section 279 IPC

Deepak Birbahadur Jath v. The State of Maharashtra

10 Oct 2024 · Revati Mohite Dere; Shyam C. Chandak

The High Court upheld the conviction for murder and attempted murder but commuted the death sentence to life imprisonment, holding the case not to be 'rarest of rare' warranting capital punishment.

criminal appeal_partly_allowed Significant death penalty rarest of rare dying declaration mental fitness for trial

The State of Maharashtra v. Pradip Vishwanath Jagtap

10 Oct 2024 · Revati Mohite Dere; Shyam C. Chandak
Cites 7 · Cited by 0

The Bombay High Court upheld the conviction and death sentence of Pradip Vishwanath Jagtap for the brutal murder of four family members, affirming the 'rarest of rare' doctrine based on credible eyewitness and forensic evidence.

criminal appeal_dismissed Significant murder death penalty rarest of rare child witness

Cholamandalam M.S. General Insurance Co. Ltd v. Poonam Gupta

10 Oct 2024 · M.M. Sathaye
Cites 3 · Cited by 0

The Bombay High Court enhanced compensation in a fatal motor accident claim by applying average IT return income with managerial loss and deductions, emphasizing the Motor Vehicles Act's beneficial nature and forward-looking compensation.

civil appeal_partly_allowed Significant Motor Vehicles Act, 1988 Section 166 loss of income managerial loss

G. Vishweshwar Rao v. Navi Mumbai Municipal Corporation

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

The Court held that an employee whose demotion and removal are set aside must be reinstated to the original post with all consequential benefits, rejecting reinstatement on a lower post despite abolition of the original post.

administrative petition_allowed Significant reinstatement demotion removal from service municipal corporation

Rajesh Sangamlal Jaiswal v. The State of Maharashtra

10 Oct 2024 · Revati Mohite Dere; Shyam C. Chandak

The Bombay High Court upheld the conviction for rape, holding the video evidence admissible despite absence of a Section 65-B certificate as the trial concluded before the Anvar judgment, and accepted the victim's testimony as reliable and sufficient for conviction.

criminal appeal_dismissed Significant rape electronic evidence Section 65-B Indian Evidence Act video admissibility

A. H. Wadia Trust v. The Charity Commissioner

09 Oct 2024 · Abhay Ahuja

The Bombay High Court held that trustees of a public charitable trust with power to sell trust lands are also empowered to undertake development activities, including joint ventures, subject to statutory provisions, to fulfill the trust’s charitable objectives.

civil appeal_allowed Significant Public Trusts Act Trustees' powers Development of trust property Slum Rehabilitation Authority