High Court of Bombay

5,131 judgments

Year:

Dattatraya Ramchandra Chinchalikar v. The Collector of Sangli

29 Aug 2024 · Milind N. Jadhav

The High Court enhanced compensation in two land acquisition appeals by directing proper consideration of comparable sale instances for market value and held that additional solatium under Section 23(1-A) is not payable for awards made before 30.04.1982.

property appeal_allowed Significant Land Acquisition Act, 1894 market value determination comparable sale transactions Section 23(1-A) solatium

Mr. Anil Dnyandev Pawar v. The State of Maharashtra

28 Aug 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court quashed criminal proceedings against a family accused of cheating in a broken matrimonial engagement, holding that mere silence about a daughter's relationship does not constitute a cognizable offence under IPC Section 420.

criminal appeal_allowed Significant quashing of FIR cheating under IPC Section 420 IPC Section 482 CrPC

Priyanka Hirlekar v. Mayur Hirlekar

28 Aug 2024 · Milind N. Jadhav

The Bombay High Court allowed transfer of a matrimonial petition from Mumbai to Nagpur prioritizing the wife’s hardship and convenience under Section 24 CPC, despite opposition based on hardship to the husband’s representative.

family appeal_allowed Significant Section 24 CPC transfer of suit matrimonial proceedings wife’s convenience

Shivaji Education Society v. State of Maharashtra

28 Aug 2024 · R. M. Joshi · [2023] 2 BomCR 406

Termination of a permanent school employee without prior approval of the Education Officer under Rule 26 of Maharashtra Employees of Private Schools Regulation Act is illegal, warranting reinstatement.

labor petition_dismissed Significant retrenchment permanent employee prior approval Education Officer

Sir Jamsetjee Jejeebhoy Charity Fund v. Income Tax Officer (Exemption)

28 Aug 2024 · B. P. Colabawalla; Amit Satyavan Jamsandekar
Cites 1 · Cited by 0

The Bombay High Court held that a charitable trust complied with Section 11(2) of the Income Tax Act by filing Form 10 and providing a trustees' resolution, and quashed reassessment notices issued based on a mere change of opinion without new material.

tax appeal_allowed Significant Section 11(2) Income Tax Act accumulation of income Form 10 reopening of assessment

Vascon Engineers Limited v. Universal Builders

27 Aug 2024 · SOMASEKHAR SUNDARESAN

The Bombay High Court upheld the appointment of an arbitrator under Section 11 of the Arbitration Act, rejecting the recall application despite the Original Respondent's absence at hearing and objections on limitation and stamping, emphasizing minimal judicial interference and leaving substantive issues to the Arbitral Tribunal.

commercial_arbitration appeal_dismissed Significant Section 11 Arbitration and Conciliation Act appointment of arbitrator limitation period inadequate stamping

Suhas Ganpat Mahajan & Ors. v. Prabhakar Laxman Dhage

27 Aug 2024 · Milind N. Jadhav

A registered agreement for sale with delivery of possession entitles the purchaser to maintain a suit for injunction to protect possession even without a registered sale deed, and rejection of plaint under Order VII Rule 11(d) CPC is improper where triable issues exist.

civil appeal_dismissed Significant agreement for sale possession perpetual injunction Order VII Rule 11(d) CPC

Nanji Dana Patel v. State of Maharashtra

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

The Bombay High Court held that delay in filing refund applications for stamp duty beyond six months can be condoned under the Limitation Act, and the State cannot retain stamp duty collected twice on the same property, directing reconsideration of the refund on merits.

civil appeal_allowed Significant stamp duty refund Maharashtra Stamp Act, 1958 limitation period Section 48(1)

Jagannath Anna Gavade & Ors. v. Shashikant Bhupal Khandekar & Ors.

27 Aug 2024 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court enhanced compensation in a motor accident death claim by applying the correct multiplier based on the deceased's age and recognizing the deceased's daily wage income despite employer's labor law non-compliance.

civil appeal_allowed Significant motor accident claim multiplier factor age of deceased filial consortium

The Saraswat Co-operative Bank Ltd. v. Assistant Commissioner of Income-tax Circle-1(3)(1)

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

The Bombay High Court quashed a reassessment notice issued after four years for lack of failure to disclose material facts and held that mere change of opinion by the Revenue does not justify reassessment under Section 147 of the Income Tax Act.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Reassessment Failure to disclose material facts

Byramjee Jeejeebhoy Private Limited v. State of Maharashtra

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

The Bombay High Court held that without a specific Section 13 notice, the 120-day period for landowners to submit redevelopment schemes does not commence, affirming the landowner's preferential redevelopment rights and quashing the AGRC order rejecting their proposal as belated.

administrative appeal_allowed Significant Maharashtra Slum Areas Act Section 13(1) Section 14 slum rehabilitation area

Mujibur Rehman Haji Israr Alam Siddiqui v. Noorjahan Begum Haji Israr Alam Siddiqui & Ors.

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

The Bombay High Court upheld the substitution of legal heirs and executor as plaintiffs in a family property declaratory suit after the original plaintiff's death, holding that such substitution does not alter the suit's nature or cause of action.

civil appeal_dismissed Significant substitution of legal heirs Order 22 Rule 3 CPC Section 213 Succession Act executor under Will

Kunal Housewares Private Limited v. Union of India

26 Aug 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that exporters claiming higher drawback must refund the differential amount before receiving IGST export refund, preventing double benefit under GST and Customs laws.

tax appeal_allowed Significant IGST refund drawback zero rated supplies Section 16(3)(b) IGST Act

Surel Milk & Food Processor Pvt Ltd & Ors. v. Bhagwan Krishna Pawar & Ors.

26 Aug 2024 · Milind N. Jadhav

The High Court held that appointment of a Court Commissioner for property survey cannot be made at the initial stage before evidence is led, and such appointment is discretionary after assessing evidence.

civil appeal_allowed Significant Court Commissioner Order XXVI Rule 9 CPC mandatory injunction encroachment

State of Maharashtra v. Shashikant Dnyanu Jadhav

26 Aug 2024 · S. M. Modak

The Bombay High Court upheld the acquittal of a police constable accused of accepting a bribe, holding that circumstantial evidence was insufficient to prove demand and acceptance under the Prevention of Corruption Act.

criminal appeal_dismissed Significant Prevention of Corruption Act Section 7 Section 13(1)(d) demand and acceptance

Haresh Panchal Alias Harish Vallabhbhai Naroliwala v. Leela Chandrakant Naik

26 Aug 2024 · Sandeep V. Marne

The Bombay High Court upheld eviction on grounds of rent arrears, unauthorized subletting, and illegal construction, affirming that rent must be deposited before framing of issues under Section 12(3) of the Bombay Rent Act to avoid eviction.

civil appeal_dismissed Significant Bombay Rent Act Section 12(3) eviction arrears of rent

M/s. Tolani Ltd. v. The DCIT Spl. Range-31 Mumbai

23 Aug 2024 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 0 · Cited by 2

The Bombay High Court held that the deduction under Section 33AC must be reduced from profits of a ship before computing the Section 80-I deduction, dismissing the assessee's appeal.

tax appeal_dismissed Significant Section 33AC Income-tax Act Section 80-I Income-tax Act deduction computation profits and gains from ship

Karunakar Shetty v. Shanta Chandappa Alva

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

The Bombay High Court held that a petition for declaration of sole ownership of property jointly held by spouses is not barred by omission to include such claim in an earlier divorce petition, as the causes of action are distinct.

family appeal_allowed Significant Order 2 Rule 2 CPC cause of action family court property dispute

Aashish Niranjan Shah v. Union of India

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

The Bombay High Court quashed reassessment proceedings initiated beyond four years where the petitioner’s returns had been scrutinized and no failure to disclose material facts was demonstrated, affirming the strict jurisdictional limits under Section 147 of the Income-tax Act.

tax petition_allowed Significant Income-tax Act, 1961 Section 147 Section 148 Reassessment

Yogesh Ramdas Bachhav v. The State of Maharashtra

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

The Bombay High Court upheld the appellant's conviction and life sentence for the murder of Jyotsna, attempt to murder her friend, and attempt to commit suicide, based on credible eyewitness and forensic evidence.

criminal appeal_dismissed murder attempt to murder attempt to commit suicide Indian Penal Code