High Court of Bombay

5,131 judgments

Year:

Sukhraj B. Nahar Charitable Trust v. Chief Controlling Revenue Authority

04 Oct 2024 · Jitendra Jain, J.

The Bombay High Court held that stamp duty on a rectification deed is payable only on the excess area beyond the original leased land, quashing the demand for duty on the entire increased area post subdivision/amalgamation.

civil appeal_allowed Significant stamp duty rectification deed lease deed subdivision and amalgamation

Darshan Singh Parmar v. The Union of India & Ors.

04 Oct 2024 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court directed payment of a determined reward to an informer whose information led to tax recoveries, emphasizing fair and timely implementation of government reward schemes.

administrative petition_allowed Significant reward for informer tax evasion government circular government resolution

Nandkumar Infrastructure LLP v. The Superintendent Engineer National Highway Division, Pune

04 Oct 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that the experience of a proprietor can be reckoned as the experience of an LLP for tender eligibility, set aside the rejection of the petitioner's bid, and directed re-opening of financial bids and re-negotiation.

administrative appeal_allowed Significant Limited Liability Partnership Act, 2008 Tender evaluation Experience reckoning Business transfer agreement

Lalit Timothy D’Souza v. Lawra D’Souza

03 Oct 2024 · N. J. Jamadar

The Bombay High Court appointed the Court Receiver as joint Administrator pendente lite alongside the incarcerated executor to preserve and manage the deceased's estate pending final testamentary proceedings.

civil appeal_allowed Significant Administrator pendente lite Indian Succession Act, 1925 executor imprisonment

Sarita Rahul Sharma v. Rahul Udayraj Sharma

03 Oct 2024 · Milind N. Jadhav

The Bombay High Court allowed the wife's plea to transfer matrimonial proceedings to a more convenient family court due to her hardship in traveling with an infant, rejecting the husband's offer to bear travel costs and imposing exemplary costs on him.

family appeal_allowed Significant transfer of matrimonial proceedings hardship to wife infant care Hindu Marriage Act

Jayashree Gangadhar Hiremath v. Nirmala Gangadhar Hiremath

03 Oct 2024 · Milind N. Jadhav

The Bombay High Court upheld that the first wife is the sole legal heir entitled to family pension despite the deceased's nomination of the second wife, as the second marriage was void due to subsistence of the first marriage.

civil appeal_dismissed Significant family pension succession certificate second marriage nomination

Uma Niwas Co-Operative Housing Society Ltd. v. The Collector of Stamps

03 Oct 2024 · Jitendra Jain

The Bombay High Court held that a demand for deficit stamp duty raised beyond the six-year limitation period under Section 53A of the Bombay Stamp Act, 1958 is barred and quashed the impugned orders accordingly.

civil petition_allowed Significant deemed conveyance deficit stamp duty Section 53A Bombay Stamp Act limitation period

Sony Mony Electronics Limited v. State of Maharashtra

03 Oct 2024 · Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court held that orders demanding deficit stamp duty under Section 53A of the Maharashtra Stamp Act must be passed within six years from the date of the Collector's certificate, and quashed orders passed beyond this limitation period and after unreasonable delay.

tax petition_allowed Significant Section 53A Maharashtra Stamp Act limitation period deficit stamp duty valuation of property

The State of Maharashtra v. Sunil Rama Kuchkoravi

01 Oct 2024 · Revati Mohite Dere; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court upheld the death sentence for a son convicted of brutally murdering and mutilating his mother, rejecting defenses of intoxication and insanity, and affirming the sufficiency of circumstantial evidence in a rarest of rare case.

criminal appeal_dismissed Significant death penalty murder circumstantial evidence Section 302 IPC

Alex v. The State of Maharashtra

01 Oct 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court held the petitioner’s arrest illegal for non-compliance with Sections 41 and 41-A CrPC and Supreme Court guidelines, awarded Rs. 50 crore compensation, and directed departmental inquiry against police and Magistrate.

criminal petition_allowed Significant illegal arrest Section 41 CrPC Section 41-A CrPC Article 21

The New India Assurance Co. Ltd. v. Vivek Niwas Patil

01 Oct 2024 · M.M. Sathaye
Cites 2 · Cited by 0

The Bombay High Court modified compensation in a motor accident claim by applying a higher deduction for personal expenses where both spouses earned similarly and lived together without children, reducing the award accordingly.

civil appeal_allowed Significant Motor Vehicles Act, 1988 compensation dependency personal expenses deduction

Kanij Fatima Alisaheb Mujawar v. Jamir Abdulmujir Shiledar

01 Oct 2024 · Sharmila U. Deshmukh

The Bombay High Court upheld the validity of a 1956 Will proved by secondary evidence and attesting witness's heir, modified the Trial Court's grant of Probate to Letters of Administration with Will annexed, and dismissed the appeal.

civil appeal_dismissed Significant Probate Letters of Administration Indian Succession Act, 1925 Indian Evidence Act, 1872

Raghavendra Construction Company Pvt. Ltd. v. Municipal Commissioner and Ors.

01 Oct 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court set aside MCGM's sanction of a new road line cutting through the petitioner's land for failure to provide hearing and non-application of mind, directing fresh consideration with due process.

administrative appeal_allowed Significant Section 291 MMC Act Road Line sanction Natural justice Non-application of mind

Gulshan Townplanners LLP v. Gulshan Co-operative Housing Society Limited & Baiju Mahendra Doshi

30 Sep 2024 · ARIF S. DOCTOR

The Bombay High Court dismissed a Section 9 Arbitration Act petition seeking interim relief against a non-member occupant, holding that no arbitration agreement existed with the occupant and relief under Section 9 cannot be granted to non-signatories without privity.

civil petition_dismissed Significant Section 9 Arbitration Act arbitration agreement deemed conveyance cooperative housing society

The State of Maharashtra v. Ramdas Bhagwan Vairat

30 Sep 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court upheld acquittal of a Talathi due to invalid sanction by a subordinate officer despite reliable evidence of bribe demand and acceptance, emphasizing the necessity of sanction by a competent authority under Article 311 and the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Sanction for prosecution Article 311 Constitution of India Competent authority

Mahesh Padmakar Jagtap v. Ld. Joint District Registrar Pune City

30 Sep 2024 · Jitendra Jain

The Bombay High Court held that a refund application for stamp duty paid on a cancelled Agreement to Sale was timely under Section 48(1) of the Bombay Stamp Act and its amended proviso, directing refund to the petitioner.

civil petition_allowed Significant Stamp duty refund Section 48 Bombay Stamp Act Cancellation deed Time limit for refund

Harpritsingh Bhupindersingh Hora & Ors. v. The State of Maharashtra & Ors.

30 Sep 2024 · A.S. Chandurkar; Gauri Godse; Rajesh S. Patil

The Bombay High Court held that under Section 142(1) of the Maharashtra Prohibition Act, the Collector may order closure of multiple licensed liquor-selling places in a district if in the interest of public peace, overruling prior restrictive interpretations.

administrative other Significant Section 142 Maharashtra Prohibition Act Collector's power closure of liquor shops public peace

Satguru Corporate Services Pvt Ltd v. The Mumbai Metropolitan Region Development Authority & Ors

27 Sep 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that land acquired under the MRTP Act and Land Acquisition Act for a BEST bus depot cannot be developed by the former owner under the Development Control Regulations, dismissing the petitioner’s writ petition challenging the acquisition.

administrative petition_dismissed Significant land acquisition Maharashtra Regional and Town Planning Act, 1966 Land Acquisition Act, 1894 Development Control Regulations, 1991

Ashokrao Ganpati Ghatge v. Shri Madhavrao Ramchandra Ghatge

27 Sep 2024 · R. M. Joshi, J.

The Bombay High Court held that an order condoning delay in filing an appeal under the Maharashtra Land Revenue Code is revisable before the immediate superior officer and does not merge into the order admitting the appeal, thus allowing the petitioners' revision.

property appeal_allowed Significant condonation of delay Maharashtra Land Revenue Code, 1966 Section 257 Section 252

RBL Bank Ltd v. Sohanlal V. Jain (HUF) & Ors.

26 Sep 2024 · M.M. Sathaye

The Bombay High Court held that setting aside an ex-parte decree restores the suit and the timeline for filing a Section 8 arbitration application runs from restoration, thus upholding the referral to arbitration despite delay in filing written statement.

civil petition_dismissed Significant Section 8 Arbitration and Conciliation Act Order IX Rule 13 CPC ex-parte decree commercial suit