High Court of Bombay
5,131 judgments
Abhijit Arjun Padale v. The State of Maharashtra
The Bombay High Court held the petitioner’s arrest illegal for non-compliance with Sections 41 and 41A CrPC and Supreme Court guidelines, ordered compensation and departmental inquiry, affirming the protection of fundamental rights against unlawful arrest.
Wintry Engineering And Chemicals Private Limited v. The Commissioner of Local Body Tax Department
The Bombay High Court held that under Section 406(8) of the Maharashtra Municipal Corporation Act, only the disputed tax amount, and not interest or penalty, must be deposited for an appeal to be entertained against Local Body Tax demands.
Joseph Paul de Sousa v. The State; Zinnia M. Khajotia; The Regional Passport Office, Mumbai
The Bombay High Court held that offensive emails can constitute an offense under Section 509 IPC and Section 67 IT Act, refusing to quash the FIR except for allegations under Sections 354 and 506(2) IPC.
Rohit Satindra Sharma v. The State of Maharashtra
The Bombay High Court quashed criminal proceedings for sexual harassment, holding that the FIR was frivolous, contradicted by ICC findings, and instituted with malafide intent.
Madhukar Baburao Shete v. Yogesh Trimbak Shete
The High Court held that a Lok Adalat Award passed without a valid court reference under Section 20 of the Legal Services Authorities Act, 1987 and without proper jurisdiction is illegal and set aside the Award, restoring the suit for regular adjudication.
Crimeophobia v. Ministry of Animal Husbandry and Dairy Development and Ors.
The Bombay High Court dismissed a frivolous and omnibus PIL petition lacking legal basis and imposed costs, emphasizing that PILs must be grounded in legal rights and not personal opinions or State policy matters.
Payal Hariom Verma v. The State of Maharashtra
The Bombay High Court held that arresting a woman after sunset without prior magistrate permission under Section 46(4) Cr.P.C. is illegal and ordered her release on bail while allowing re-arrest only with due procedure.
Maharashtra Public Service Commission v. Sarswati d/o Keshavrao Makne & Ors.
The Bombay High Court upheld the Administrative Tribunal's ruling that Clause 5 of the GR dated 04/05/2023 arbitrarily discriminated among female candidates and must be applied uniformly to all recruitments commencing from Advertisement No.83 of 2021, limiting the effect to parties before the Tribunal.
Coaster Shoes Company Pvt. Ltd. v. & Anr
The High Court held that the Registrar must serve the counter statement on the opponent under Section 21(3) of the Trade Marks Act, and failure to do so invalidates dismissal of opposition for non-filing of evidence within time.
Maharashtra Public Service Commission v. Amol Parshuram Patil & Ors.
The Bombay High Court upheld the Tribunal's direction requiring MPSC to supply wait-listed candidates' names, holding that the Appointing Authority's prior requisition within the wait-list's validity period validates subsequent demands even after expiry.
Phoenix Industries Limited v. The Union of India
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.
Commissioner of Customs v. Modern Trading & Logistics LLP
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.
Tata AIG General Insurance Co. Ltd. v. Insurance Ombudsman for Mumbai
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.
Shakir Nasir Pathan v. State of Maharashtra
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.
Marine Electricals India Ltd. v. Union of India
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.
Cheftalk Food and Hospitality Services Pvt. Ltd. v. Income Tax Officer
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.
Shailja Nitin Mishra v. Nitin Kumar Mishra
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.
Kiran Patel & Ors. v. State of Maharashtra & Ors.
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.
Mallinath Vithal Vathakar v. The Registrar, University of Mumbai
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.
Anudan Properties Private Ltd. v. Mumbai Metropolitan Region, Slum Rehabilitation Authority
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.