High Court of Bombay

5,061 judgments

Year:

Phoenix Industries Limited v. The Union of India

16 Aug 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that non-submission of "Bill of Export" for supplies to SEZ units does not amount to non-discharge of export obligation if other certified evidence is produced, directing issuance of Export Obligation Discharge Certificates accordingly.

administrative appeal_allowed Significant Advance Authorisation Export Obligation Bill of Export Special Economic Zone

Commissioner of Customs v. Modern Trading & Logistics LLP

14 Aug 2024 · K.R. Shriram; Jitendra Jain

The Bombay High Court upheld the CESTAT order expunging a redundant customs policy condition requiring vehicle testing before provisional release when the vehicle is already registered under the Motor Vehicles Act.

customs appeal_dismissed Significant provisional release customs duty policy condition Customs Tariff Act

Tata AIG General Insurance Co. Ltd. v. Insurance Ombudsman for Mumbai

14 Aug 2024 · R.M. Joshi, J.; N.S. Kamble

The Bombay High Court set aside an Insurance Ombudsman award directing claim payment for medical expenses incurred in India, emphasizing strict adherence to insurance policy terms and proper adjudication under the Ombudsman Rules.

administrative appeal_allowed Significant Insurance Ombudsman Overseas Travel Insurance Medical Expenses Policy Exclusion

Shakir Nasir Pathan v. State of Maharashtra

14 Aug 2024 · Sarang V. Kotwal

The Bombay High Court partly allowed appeals by acquitting one appellant and setting aside murder charges against two others while upholding convictions under MCOCA and related IPC offences, modifying sentences considering custody period.

criminal appeal_partly_allowed Significant MCOCA organised crime syndicate continuing unlawful activity section 307 IPC

Marine Electricals India Ltd. v. Union of India

13 Aug 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court held that an enterprise re-classified as 'not an MSME' continues to avail non-tax benefits of its previous MSME status for three years under statutory legal fiction, entitling it to claim relief under the VSV Scheme.

administrative appeal_allowed Significant MSME Act Vivad Se Vishwas I-Relief Scheme legal fiction Clause 8(5) Notification 26 June 2020

Cheftalk Food and Hospitality Services Pvt. Ltd. v. Income Tax Officer

13 Aug 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court quashed an income tax assessment order for failing to provide the mandatory seven-day response period to the assessee as per the Standard Operating Procedure, holding it violated natural justice.

tax appeal_allowed Significant Show Cause Notice principles of natural justice Standard Operating Procedure Section 144B Income Tax Act

Shailja Nitin Mishra v. Nitin Kumar Mishra

13 Aug 2024 · Milind N. Jadhav

The Bombay High Court held that under prevailing ART guidelines, the intending mother is the legal mother with custody and visitation rights over children born through surrogacy, rejecting parental claims by the egg donor.

family appeal_allowed Significant surrogacy egg donor intending parents custody

Kiran Patel & Ors. v. State of Maharashtra & Ors.

13 Aug 2024 · S. M. Modak

The High Court held that while the Sessions Court cannot direct a Magistrate to order investigation under Section 156(3) Cr.P.C., a prima facie cognizable offence involving fraud warrants police investigation, and remanded the matter preserving the Magistrate's discretion.

criminal appeal_allowed Significant Section 156(3) Cr.P.C. Magistrate discretion Sessions Court powers Prima facie offence

Mallinath Vithal Vathakar v. The Registrar, University of Mumbai

13 Aug 2024 · R. M. Joshi

The Bombay High Court upheld the dismissal of a college employee following a fair departmental enquiry and held that the enquiry officer's recommendation of punishment was lawful and the removal was not shockingly disproportionate.

labor petition_dismissed Significant departmental enquiry natural justice preponderance of probabilities recommendation of punishment

Anudan Properties Private Ltd. v. Mumbai Metropolitan Region, Slum Rehabilitation Authority

13 Aug 2024 · Amit Borkar
Cites 1 · Cited by 0

The Bombay High Court held that statutory powers of the Slum Rehabilitation Authority to remove a defaulting developer under the Slum Act survive insolvency resolution under the IBC, and the approved resolution plan does not bar such regulatory action.

administrative appeal_dismissed Significant Insolvency and Bankruptcy Code, 2016 Maharashtra Slum Areas Act, 1971 Section 13(2) Slum Act Resolution plan binding effect

Anudan Properties Private Ltd. v. Mumbai Metropolitan Region, Slum Rehabilitation Authority

13 Aug 2024 · Amit Borkar, J.
Cites 1 · Cited by 0

The Bombay High Court held that the SRA’s power to remove a defaulting developer under the Slum Act survives insolvency resolution and upheld termination of the petitioner despite an approved IBC resolution plan.

administrative appeal_dismissed Significant Insolvency and Bankruptcy Code Slum Rehabilitation Authority Section 13(2) Slum Act Resolution plan

Mahesh K. Mehta v. The Bharatiya Friend’s Co-Operative Housing Society Ltd.

09 Aug 2024 · A. S. Chandurkar; Jitendra Jain · 2024:BHC-OS:12019-DB

The High Court dismissed the review petition against its order refusing writ relief against a Co-operative Housing Society, holding the order final and no error apparent to justify review.

civil petition_dismissed review petition writ petition Co-operative Housing Society finality of order

Dr. Kirtikumar Sankleshwar Trivedi v. State of Maharashtra

09 Aug 2024 · R. M. Joshi

The High Court allowed discharge of doctors accused in the death of a minor during egg donation procedures, holding insufficient grounds to proceed and applying parity with similarly discharged accused.

criminal appeal_allowed Significant Section 227 Cr.P.C. discharge application medical negligence egg donation

Abasaheb Anandrao Patil v. The State of Maharashtra

09 Aug 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court set aside the Maharashtra State Human Rights Commission's order imposing compensation and departmental enquiry on a police officer for failure to afford him notice and hearing, remitting the matter for fresh consideration.

administrative appeal_allowed Significant natural justice Protection of Human Rights Act, 1993 Maharashtra State Human Rights Commission notice and hearing

Bhavesh P. Bhinde v. The State of Maharashtra

09 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the legality of the petitioner's arrest and detention, holding that all constitutional and procedural safeguards were complied with, and dismissed the petition challenging the arrest.

criminal petition_dismissed Significant arrest procedure D.K. Basu guidelines grounds of arrest Section 50 CrPC

Jayesh Dinesh Kadam and Anr. v. Andrew David Fernandes and Ors.

09 Aug 2024 · Milind N. Jadhav

The Bombay High Court allowed revision to dismiss a suit challenging vintage registered sale deeds as barred by limitation and lacking cause of action, emphasizing rejection of vexatious claims at the threshold.

civil appeal_allowed Significant Order VII Rule 11 CPC limitation cause of action registered sale deed

Dr. Kirtikumar Sankleshwar Trivedi v. State of Maharashtra

09 Aug 2024 · R. M. Joshi

The Bombay High Court allowed discharge of doctors accused in the death of a minor during egg donation procedures, holding no sufficient grounds existed to proceed against them and applying parity with a previously discharged co-accused.

criminal appeal_allowed Significant Section 227 Cr.P.C. discharge of accused medical negligence egg donation

M/s. Shrinath Cotfab & Ors. v. The Authorised Officer, Canara Bank & Ors.

09 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court upheld the DRAT order requiring pre-deposit based on the entire outstanding debt under SARFAESI Act when the challenge is to Section 13(4) measures, dismissing the petitioners' plea to limit it to the auction sale price.

civil petition_dismissed Significant SARFAESI Act Section 18(1) pre-deposit Debts Recovery Appellate Tribunal

Invest Assets Securitisations & Reconstruction Private Limited v. Bank of Baroda

08 Aug 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court dismissed the writ petition challenging an auction sale for non-compliance with Regulation 37(1) of the Debts Recovery Tribunal Regulations, holding that the assignee waived the mandatory procedural requirement by failing to raise timely objections.

civil petition_dismissed Significant Debts Recovery Tribunal Regulations 2015 Regulation 37(1) valuation of immovable property reserve price fixation

Sachin Manohar Khambe v. The State of Maharashtra

08 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court upheld the State Government’s categorization of a convict serving concurrent life sentences under stricter remission guidelines, ruling that concurrent sentences under Section 427(2) CrPC justify applying the 2010 remission policy requiring 30 years imprisonment including remission.

criminal petition_dismissed Significant life imprisonment remission concurrent sentence Section 427 CrPC