High Court of Bombay

4,240 judgments

Year:

Baban Sopan Jitethor v. The State of Maharashtra

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

The Bombay High Court acquitted the appellant of murder charges due to contradictory dying declarations and failure of prosecution to prove homicidal death beyond reasonable doubt.

criminal appeal_allowed Significant dying declaration Section 302 IPC contradictory statements tutoring and prompting

Parsi Punchayet v. Minoo Keki Mistry & Ors.

01 Aug 2024 · Sandeep V. Marne

The Bombay High Court allowed amendment of plaint to raise alternative eviction pleas under both PSCC Act and Maharashtra Rent Control Act, holding that inconsistent pleas are permissible to avoid multiplicity of proceedings and no prejudice was caused.

civil petition_allowed Significant amendment of plaint alternative pleas Maharashtra Rent Control Act Presidency Small Causes Court Act

Tal. Khanapur, Dist. Sangli v. State of Maharashtra

31 Jul 2024 · A. S. Gadkari; Dr Neela Gokhale

The Bombay High Court allowed quashing of proceedings against two petitioners due to vague allegations but refused to quash charges against husband and mother-in-law where specific credible allegations of cruelty and bigamy were made.

criminal appeal_allowed Significant quashing of FIR Section 482 CrPC domestic violence cruelty

Lalchand Sirumal Bhojwani v. The State of Maharashtra & Ms. XYZ

31 Jul 2024 · A. S. Gadkari; Dr. Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court quashed a delayed FIR alleging rape and cheating, holding the relationship was consensual and the complaint an abuse of process under Section 482 Cr.P.C.

criminal appeal_allowed Significant Section 482 Cr.P.C. Delayed FIR Consensual relationship Rape under Section 376 IPC

The Commissioner of Income Tax v. M/s. Tata Engineering & Locomotive Company Ltd.

30 Jul 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that payments made towards community welfare under a trade union settlement are allowable business expenses under Section 37(1) and not disallowable under Section 40A(9) of the Income Tax Act.

tax appeal_dismissed Significant Section 37(1) Income Tax Act Section 40A(9) Income Tax Act Revenue expenditure Memorandum of Settlement

Bajaj Allianz General Insurance Co. Ltd. v. Smt. Sunita Virendra @ Birendra Sahani

30 Jul 2024 · ARUN R. PEDNEKER

The High Court upheld the MACT award fixing notional income and affirmed parents' entitlement to compensation as legal representatives despite separate residence, dismissing the insurer's appeal.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 legal representative dependency

Sunanda Wakhare v. Jaiwant Bhaguji Gadekar & Ors.

30 Jul 2024 · Milind N. Jadhav

The Bombay High Court held that the State Government bears primary liability to pay back wages awarded by the School Tribunal, upheld execution orders against the Education Officer as State representative, and dismissed the writ petition challenging recovery proceedings.

civil petition_dismissed Significant execution of decree back wages aided educational institution State Government liability

Prem Villa Co-operative Housing Society Ltd. v. Uma Deep Co-operative Housing Society Limited

29 Jul 2024 · Madhav J. Jamdar
Cites 4 · Cited by 0

The Bombay High Court quashed a corrigendum order altering earlier deemed conveyance certificates, holding that the Competent Authority lacked jurisdiction for substantive review under MOFA and that procedural review cannot substitute merits after long delay.

property petition_allowed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 procedural review statutory review

Neeraj Sharad Gangla & Ors. v. Mantri Building Condominium & Ors.

28 Jul 2024 · Sandeep V. Marne

The Bombay High Court held that a suit by Hindu coparceners to set aside alienation of ancestral property by their father is governed by Article 109 of the Limitation Act and dismissed the suit as hopelessly barred by limitation under Order VII Rule 11 CPC.

civil appeal_dismissed Significant Limitation Act, 1963 Article 109 Article 59 Order VII Rule 11 CPC

Hemant Surgical Industries Ltd. v. Union of India

26 Jul 2024 · K.R. Shriram; Jitendra Jain

The Bombay High Court set aside a customs order confiscating used haemodialysis machines and imposing penalty, holding that absence of findings on hazardous waste status amounted to acceptance of the petitioner’s explanation and that penalty for mis-declaration was unsustainable without proper show cause.

administrative petition_allowed Significant Customs Act, 1962 Hazardous and Other Wastes Rules, 2016 used medical equipment import hazardous waste definition

Esbee Electrotech LLP v. Union of India

26 Jul 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that redemption fines are waivable under the SVLDR Scheme upon payment of disputed excise duty and quashed the rejection of the petitioners' settlement applications.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme redemption fine waiver central excise duty tax dues

Mahesh Raut & Ors. v. National Investigation Agency & Ors.

26 Jul 2024 · A.S. Gadkari; Shyam C. Chandak
Cites 1 · Cited by 0

The Bombay High Court dismissed appeals challenging rejection of default bail, upholding the validity of extension of time to file charge-sheet under U.A.P. Act and confirming that accused were not entitled to default bail after Supreme Court's restoration of the extension order.

criminal appeal_dismissed Significant default bail Section 167(2) Cr.P.C. Section 43D(2)(b) U.A.P. Act extension of time to file charge-sheet

Daulatrao Shankarrao Thakare v. The Divisional Joint Registrar

26 Jul 2024 · Sharmila U. Deshmukh · 2024:BHC-AS:30921

The Bombay High Court held that an auditor’s report under Section 81 of the Maharashtra Co-operative Societies Act, concluding financial fraud and directing criminal prosecution, is a revisable decision or order under Section 154 of the Act.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 81 audit report Section 154 revision auditor’s report revisable

Ahmed Fakirsaheb Kokani and Ors. v. Shri Mohammedsaheb Hasansaheb Khatib and Ors.

25 Jul 2024 · Gauri Godse · 2000(1) Mh LJ 685

The Bombay High Court held that a Sanad granted under Section 133 of BLRC is a permanent and transferable grant, not a lease, and quashed the resumption and revision orders passed without hearing the petitioner.

property appeal_allowed Significant Sanad Bombay Land Revenue Code Maharashtra Land Revenue Code resumption of land

Sneha Akshay Garg v. Nil

25 Jul 2024 · Gauri Godse

The Bombay High Court allowed waiver of the six-month cooling off period under Section 13-B(2) of the Hindu Marriage Act and granted divorce by mutual consent, emphasizing a pragmatic approach where reconciliation is impossible.

family petition_allowed Significant Hindu Marriage Act 1955 Section 13-B cooling off period mutual consent divorce

Dattatraya Irranna Kurle v. Maharashtra State Electrical Board

25 Jul 2024 · Prithviraj K. Chavan

The Bombay High Court held that an employee’s resignation, once accepted and communicated, cannot be withdrawn and the employment relationship ceases, dismissing the appeal challenging acceptance of resignation and refusal of reinstatement.

civil appeal_dismissed Significant resignation withdrawal acceptance of resignation employment termination locus poenitentiae

Rizwan Ibrahim Momin v. The State of Maharashtra

25 Jul 2024 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed bail to an accused under UAPA, holding that absence of reasonable grounds to believe accusations are prima facie true overcomes the statutory bar under Section 43-D(5).

criminal appeal_allowed Significant UAPA bail Section 43-D(5) harboring

Shree Ganesh Enterprises v. The City and Industrial Development Corporation of Maharashtra Limited

23 Jul 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J · 2014 (5) Mh. L. J. 399
Cites 1 · Cited by 0

The Bombay High Court upheld CIDCO's cancellation of the highest bid for a plot, ruling that acceptance of the highest tender is a commercial decision subject to relevant considerations and limited judicial review against arbitrariness.

administrative petition_dismissed Significant tender cancellation highest bidder commercial decision arbitrariness

Abdur Rahman v. Union of India

23 Jul 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court held that the Central Government must apply its mind before accepting voluntary retirement of an IPS officer and upheld its refusal to accept retirement due to pending disciplinary proceedings.

administrative petition_dismissed Significant voluntary retirement Indian Police Service Rule 16(2A) 1958 Rules Central Government acceptance

Tanpreen Kohli and Anr. v. Indus Towers Ltd.

22 Jul 2024 · Milind N. Jadhav

The Bombay High Court held that disputes arising from a leave and license agreement for an open plot involving recovery of license fees fall exclusively within the jurisdiction of the Court of Small Causes under Section 41 of the Presidency Small Causes Courts Act, 1882, and not the Civil Court.

civil other Significant leave and license agreement jurisdiction Court of Small Causes license fee