High Court of Bombay

4,240 judgments

Year:

Leonard Holding & Trading Pvt. Ltd. v. Satish Dhirajlal Vithlani

02 Jul 2024 · Sandeep V. Marne

The Bombay High Court held that re-examination of a witness cannot be conducted by filing an affidavit in-lieu and must be conducted orally by the Court or a Commissioner as mandated under Order 18 Rule 4 CPC.

civil petition_allowed Significant Order 18 Rule 4 CPC examination-in-chief re-examination affidavit in-lieu

Mahesh Ramdas Jejurkar v. The Union of India & Ors.

02 Jul 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court quashed a COFEPOSA detention order for failing to specify the precise statutory ground of detention, holding that such ambiguity vitiates the subjective satisfaction and violates procedural safeguards under the Constitution.

criminal petition_allowed Significant preventive detention COFEPOSA Act subjective satisfaction disjunctive vs conjunctive grounds

Maharashtra State Electricity Distribution Co. Ltd. v. USV Private Limited

02 Jul 2024 · Avinash G. Gharote
Cites 1 · Cited by 0

The Bombay High Court held that the respondent's activity constituted manufacturing, not unauthorized use of electricity, and upheld the levy of industrial tariff under the Electricity Act, 2003.

administrative petition_dismissed Significant manufacture definition unauthorized use of electricity Section 126 Electricity Act tariff classification

Ajit Prabhakar Kulkarni v. State of Maharashtra

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

The Bombay High Court dismissed the petition to quash an FIR alleging extortion and intimidation of a public servant through social media threats, holding that virtual force falls within Section 353 IPC and the FIR discloses prima facie cognizable offences.

criminal petition_dismissed Significant Section 353 IPC criminal force extortion public servant

Kishore Tulshiram Mantri v. Dilip Janak Mantri & Ors.

01 Jul 2024 · Milind N. Jadhav

The Bombay High Court held that an executing court cannot modify a final partition decree based on a belatedly produced Will suppressed during trial and appeals, dismissing the writ petition challenging the rejection of such application.

civil petition_dismissed Significant partition decree executing court jurisdiction Section 47 CPC registered Will

M/S Hotel Ratanamahal v. Mr. Shivaji Chandrakant Sonawane

01 Jul 2024 · Sandeep V. Marne

The High Court set aside the Labour Court's award of reinstatement and back wages to an employee who voluntarily abandoned service to contest elections and suppressed material facts, holding that such relief is inadmissible despite procedural lapses by the employer.

labor appeal_allowed Significant Industrial Disputes Act, 1947 Section 25F termination of service voluntary abandonment

Konkan LNG Limited v. The Commissioner of State Tax

28 Jun 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that a breakwater constructed adjacent to a jetty is a civil structure and not "plant and machinery" under GST law, thus disallowing input tax credit on its construction.

tax petition_dismissed Significant input tax credit Section 17(5)(d) CGST Act plant and machinery

Symbiosis Open Education Society v. University Grants Commission

28 Jun 2024 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court upheld UGC's accreditation and programme offering criteria for distance and online education but directed exemption for skill universities pending development of appropriate accreditation standards.

administrative petition_allowed Significant University Grants Commission Open and Distance Learning Online Programmes NAAC accreditation

V. K. Pandey & Ors. v. Union of India & Ors.

28 Jun 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court dismissed writ petitions challenging the non-application of Dockyard Memorandum 6/85 to apprentices who joined after its cessation, holding that subsequent valid memorandums govern their service conditions and that the earlier Tribunal order was not binding on them.

administrative petition_dismissed Significant Dockyard Memorandum 6/85 Dockyard Temporary Memorandums Central Administrative Tribunal judgment in rem

Hemant Sambhaji Pawar & Ors. v. The State of Maharashtra

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

The Bombay High Court quashed criminal proceedings under Section 498-A IPC as an abuse of process where the complainant repeated previously resiled allegations resulting in acquittal, emphasizing protection against misuse of law in matrimonial disputes.

criminal petition_allowed Significant Section 498-A IPC quashing of FIR Section 482 CrPC abuse of process

Amol Bhagwan Nehul v. The State of Maharashtra

28 Jun 2024 · A. S. Gadkari; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court dismissed the petition to quash rape and related charges, holding that prima facie allegations disclose offenses and the court cannot conduct a mini-trial at the quashing stage.

criminal petition_dismissed Significant quashing of FIR Section 376 IPC rape consent

Lata Ratan Rokade v. The State of Maharashtra

28 Jun 2024 · A. S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court upheld the validity of prior approval under the M.C.O.C. Act and dismissed anticipatory bail, holding that bail under Section 438 Cr.P.C. is barred in M.C.O.C. cases except in rare circumstances under Article 226.

criminal petition_dismissed Significant Maharashtra Control of Organised Crime Act prior approval anticipatory bail Section 438 Cr.P.C.

Lata Ratan Rokade v. The State of Maharashtra

28 Jun 2024 · A. S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court upheld the validity of prior approval under the M.C.O.C. Act and denied anticipatory bail to the petitioner, emphasizing the statutory embargo and sparing exercise of writ jurisdiction for bail in organised crime cases.

criminal petition_dismissed Significant M.C.O.C. Act prior approval anticipatory bail Section 438 Cr.P.C.

Shridhar Kashinath Bhagat v. Sub-Divisional Officer at Panvel and Ors.

28 Jun 2024 · Sandeep V. Marne

The Bombay High Court upheld interim closure orders under Section 133 CrPC against stone crushing plants near Mumbai Trans Harbour Sea Link as valid precautionary measures pending expert inquiry into alleged public nuisance and danger.

criminal petition_dismissed Significant Section 133 CrPC public nuisance interim closure order stone crushing plants

Raj Shipping Agencies Ltd. v. The Board of Trustees of the Port of Mumbai

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

The Bombay High Court held that berth hire charges must be levied based on actual GRT as per binding TAMP clarification, quashing the port authority's demand notices and restraining enforcement.

administrative petition_allowed Significant Tariff Authority for Major Ports Major Port Trust Act, 1963 Berth Hire Charges Gross Registered Tonnage

Rajkumar @ Bheli Ramtirth Nishad v. The State of Maharashtra

26 Jun 2024 · Revati Mohite Dere; Shyam C. Chandak
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellant in a murder case due to failure of the prosecution to establish a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence last seen evidence recovery of incriminating articles identification evidence

Sandeep Vilas Ranade and Anr. v Pune Municipal Corporation and Ors.

26 Jun 2024 · M. S. Sonak; Kamal Khata · 2024:BHC-AS:24852-DB

The Bombay High Court dismissed petitions challenging demolition of illegal commercial structures in Pune's green belt zone, holding that deliberate violations cannot be regularised and interim relief against demolition is not warranted without bona fide applications.

administrative appeal_dismissed Significant illegal construction regularisation green belt zone river protection belt

Apollo Tyres Limited v. Union of India & Ors.

26 Jun 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that writ petitions challenging GST show cause notices are not maintainable at the notice stage absent fundamental rights violations or jurisdictional defects, directing the petitioner to respond to the notice and pursue statutory remedies.

tax petition_dismissed Significant show cause notice Article 226 CGST Act limitation

Ivory Properties & Hotels Private Limited v. Vasantben Ramniklal Bhuta

25 Jun 2024 · B.P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court upheld the setting aside of an arbitral award directing specific performance of an incomplete, unexecuted draft agreement, holding the award patently illegal and dismissing the developer's appeals.

commercial_arbitration appeal_dismissed Significant Arbitral Award Section 34 Arbitration and Conciliation Act Specific Performance Draft Supplemental Agreement

Pooja Gagan Jain v. State of Maharashtra

25 Jun 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court held that a juvenile released on bail under the Juvenile Justice Act cannot be detained in an Observation Home without revoking bail, and quashed illegal detention orders, directing immediate release.

criminal petition_allowed Significant Juvenile Justice Act 2015 bail of juvenile Observation Home Section 104 JJ Act