High Court of Bombay

5,131 judgments

Year:

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

Dr. Vilas Gangadhar Mamde v. The State of Maharashtra and Ors.

09 Oct 2024 · Ravindra V. Ghuge; M.M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court held that a professor entitled to extended service must be paid salary for the period he was prevented from working due to delayed issuance of the extension order.

labor petition_allowed Significant extension of service superannuation age unpaid salary no work no wages

Babaso Ganpatil Awate v. State of Maharashtra

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

The Bombay High Court held that 50% of part-time service must be counted towards pension qualifying service and directed payment of pension benefits with interest for delay under the Maharashtra Civil Services (Pension) Rules.

administrative petition_allowed Significant pension benefits part-time service full-time service Old Pension Scheme

Ananda Ramchandar Salunkhe v. Maharashtra State Road Transport Corporation

09 Oct 2024 · Sandeep V. Marne

The High Court upheld the dismissal of a MSRTC conductor after finding the domestic enquiry fair and evidence sufficient despite non-examination of the passenger, dismissing the writ petition challenging the disciplinary action.

labor petition_dismissed Significant domestic enquiry disciplinary proceedings hearsay evidence principles of natural justice

Bank of Baroda v. Geeta Smruti Premises Co-operative Society Ltd.

08 Oct 2024 · Madhav J. Jamdar

The Bombay High Court held that a purchaser of premises against whom a recovery certificate is issued has locus to file revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960, and quashed the dismissal of such revision for want of locus.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 154 revision Recovery Certificate locus standi

Commissioner of Income Tax (Exemptions), Mumbai v. Shree Sai Baba Sansthan Trust – Shirdi

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

The Bombay High Court held that a trust established for both religious and charitable purposes is exempt from tax on anonymous donations under Section 115BBC(2)(b) despite registration under Section 80G.

tax appeal_dismissed Significant anonymous donations Section 115BBC Section 80G charitable trust

Kishor Sitaram Dongardive v. Brihanmumbai Municipal Corporation

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

The Bombay High Court quashed termination orders passed without due process and directed fresh show cause notices and hearings before finalizing termination of municipal school teachers.

administrative appeal_allowed Significant termination of service show cause notice natural justice police character certificate

Sayali Shivaji Sable v. The State of Maharashtra

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

The Bombay High Court held that siblings cannot hold different Scheduled Tribe certificates and quashed the rejection of the petitioner’s claim, directing issuance of the validity certificate.

constitutional appeal_allowed Significant Scheduled Tribe validity certificate Koli Mahadev tribe siblings caste certificate Scrutiny Committee

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08 Oct 2024 · Jitendra Jain; M. S. Sonak

The Bombay High Court held that omission of CGST Rules 89(4B) and 96(10) without savings clause lapses pending proceedings under them and declared these rules unconstitutional and ultra vires.

tax appeal_allowed Significant CGST Rules 2017 Rule 89(4B) Rule 96(10) Omission of rules

Varun Dhupe; Suresh Dhupe; Vibhavari Dhupe v. The State of Maharashtra; Sanjiv Ukey

07 Oct 2024 · A. S. Gadkari; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court refused to quash an FIR alleging mental cruelty and abetment to suicide under Sections 498-A and 306 IPC, holding that a prima facie case exists requiring investigation and trial.

criminal petition_dismissed Significant Section 306 IPC abetment to suicide Section 113-A Indian Evidence Act quashing of F.I.R.

Adithya Krishnan v. The State of Maharashtra

07 Oct 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court refused to quash rape proceedings where sexual intercourse was induced by a false promise of marriage made with no intention to fulfill it, holding the consent vitiated by misconception of fact.

criminal petition_dismissed Significant false promise to marry rape consent vitiated Section 376(2)(n) IPC

Vinisha Sawant v. Mahendra Sawant & The State of Maharashtra

07 Oct 2024 · A. S. Gadkari; Neela Gokhale

The Bombay High Court held that a Magistrate cannot order FIR registration under Section 156(3) Cr.P.C. after taking cognizance and directing inquiry under Section 202 Cr.P.C., and quashed the FIR accordingly.

criminal petition_allowed Significant Section 156(3) Cr.P.C. Section 202 Cr.P.C. cognizance preliminary inquiry

Nayeem Akhtar Gouse Mohiuddin Sherpyade v. The State of Maharashtra

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

The Bombay High Court allowed the writ petition directing approval of the petitioner's appointment as Shikshan Sevak, holding that procedural lapses in recruitment did not invalidate the selection.

administrative petition_allowed Significant Shikshan Sevak appointment Government Resolution compliance Recruitment procedure Approval of appointment

Savita Kamlakar Pingale v. Directorate of Art

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

The Bombay High Court held that an employee retiring voluntarily from a grant-in-aid arts institution is entitled to pensionary benefits including service during non grant-in-aid periods, with statutory interest on delayed payments.

labor petition_allowed Significant pensionary benefits grant-in-aid voluntary retirement qualifying service