High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Shree Hari Chemicals Export Ltd. v. Grocery Markets and Shops Board for Greater Mumbai

29 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.
Cites 1 · Cited by 0

The Bombay High Court held that the Mathadi Act and Grocery Scheme apply only to a specific class of unprotected workers and their employers, not to factories employing regular workers, and emphasized mandatory legislative procedure for scheme validity.

labor appeal_allowed Significant Mathadi Act Grocery Scheme unprotected workers scheduled employment

Sachin Laxman Dandekar v. State of Maharashtra

29 Sep 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court reclassified the appellants' conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding the killing occurred in sudden heat of passion without premeditation.

criminal appeal_partly_allowed Significant culpable homicide murder Section 300 IPC Exception 4 heat of passion

Sunil Mallikarjun Patil v. State of Maharashtra

29 Sep 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that failure to acquire reserved land within one year under section 127 of the MRTP Act causes the reservation to lapse, and a landowner cannot be compelled to accept TDR in lieu of compensation.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 MRTP Act reservation lapse land acquisition

Parag Jyotindra Gandhi v. Jayant Narendra Mehta and Others

28 Sep 2022 · N.J. Jamadar

The court granted conditional leave to defend in a summary suit involving disputed compensation for breach of contract, emphasizing the balance between expeditious recovery and bona fide defence.

civil appeal_allowed Significant summary suit leave to defend liquidated damages penalty

Allcargo Logistics Ltd. v. Dhanesh B. Jain

28 Sep 2022 · N. J. Jamadar

The Bombay High Court held that an agent of a disclosed principal can be held liable for wrongful delivery by another agent of the same principal, awarding damages for breach of contract while modifying the interest rate and currency of the decree.

civil appeal_partly_allowed Significant agent of disclosed principal wrongful delivery Bills of Lading breach of contract

Sachin Subhash Bhosale v. Union of India

28 Sep 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J

The Bombay High Court held that departmental disciplinary proceedings against a Railway Protection Force constable should not be stayed pending criminal trial unless the criminal charge is grave, involves complex questions, and continuation would prejudice the defence, and dismissed the petition seeking such stay.

criminal appeal_dismissed Significant departmental proceeding criminal trial stay of inquiry Railway Protection Force Rules, 1987

Nabi Hasan Noor Hasan Khan v. The State of Maharashtra

28 Sep 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the appellant for murder under Section 302 IPC based on conclusive circumstantial evidence including last seen together theory and extra-judicial confession.

criminal appeal_dismissed Significant circumstantial evidence last seen together theory extra-judicial confession Section 302 IPC

Sarthi Seva Sangh v. Mumbai Municipal Corporation

27 Sep 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J
Cites 1 · Cited by 0

The Bombay High Court dismissed a PIL challenging additional FSI granted by MCGM, holding the petition to be an abuse of PIL jurisdiction filed for extraneous motives, not genuine public interest.

administrative petition_dismissed Significant Public Interest Litigation Floor Space Index Development Control and Promotional Regulations Abuse of PIL

Sudarshan Narayan Mengade v. The State of Maharashtra

27 Sep 2022 · Revati Mohite Dere; Sharmila U. Deshmukh

The Bombay High Court acquitted the appellant of murder charges, holding that the death was suicidal and the prosecution failed to prove guilt beyond reasonable doubt due to infirmities in the dying declaration and circumstantial evidence.

criminal appeal_allowed Significant dying declaration circumstantial evidence Section 302 IPC Section 316 IPC

Munib Memon v. The State of Maharashtra

27 Sep 2022 · Revati Mohite Dere; Sharmila U. Deshmukh
Cites 1 · Cited by 0

The Bombay High Court dismissed the appellant's bail plea in a terrorism-related bomb blast case, holding that prima facie evidence of conspiracy and complicity precluded bail despite prolonged pre-trial detention, while directing expeditious trial completion.

criminal appeal_dismissed Significant bail terrorism MCOC Act confessional statement

Goel Ganga Foundation v. Federation of Swarganga Co.op Society Limited

27 Sep 2022 · Sandeep K. Shinde

The Bombay High Court held that stilt parking spaces are common areas under MOFA and a promoter cannot allot them to third parties, dismissing the petitioner's claim to exclusive use of such parking spaces.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 stilt parking spaces common areas promoter rights

Surendra Rudra Pratap Singh v. State of Maharashtra

26 Sep 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and cruelty charges due to contradictions in dying declarations and insufficient circumstantial evidence, extending benefit of doubt.

criminal appeal_allowed Significant dying declaration Section 302 IPC Section 498-A IPC benefit of doubt

Shankar Shrirang Gulik v. The State of Maharashtra

26 Sep 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court upheld the conviction of the appellant for murder based on reliable and corroborated ocular testimony of a child witness supported by medical and forensic evidence.

criminal appeal_dismissed Significant child witness ocular evidence Section 302 IPC murder

Vijay Radhaji Bhandare v. The State of Maharashtra

26 Sep 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, applying Exception 4 to Section 300 IPC due to sudden fight and heat of passion.

criminal appeal_partly_allowed Significant murder culpable homicide not amounting to murder dying declaration Exception 4 to Section 300 IPC

Prysmian Cavi E Sistemi S.R.I v. Vijay Karia and others

26 Sep 2022 · Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court held that a foreign arbitral award enforceable under the Arbitration Act is executable as a decree under the CPC, subject to compliance with FEMA and Indian laws, and dismissed Respondents' objections to execution.

commercial arbitration / civil execution appeal_allowed Significant foreign arbitral award enforcement executability Arbitration and Conciliation Act, 1996

Chenab Bridge Project Undertaking v. Konkan Railway Corporation Ltd

23 Sep 2022 · G.S. Patel; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court partially allowed the appeal, holding that reimbursement claims for entry and toll tax under a specific contract clause prevail over general price variation exclusions, while upholding the arbitral award on structural steel price variation.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Contract interpretation Price variation clause Reimbursement of taxes

Shri Bhagwan Tanaji Sawant v. The Executive Engineer, Irrigation Project, Ratnagiri

23 Sep 2022 · M. S. Karnik

The Bombay High Court held that delay in filing revision applications under the Maharashtra Recognition of Trade Unions Act must be viewed liberally, setting aside dismissal on limitation grounds and directing hearing on merits.

labor appeal_allowed Significant limitation labour court industrial court unfair labour practice

Anwar Hussain J. Thim and M/s. Amit Builders v. State of Maharashtra and Others

23 Sep 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that inclusive housing regulations apply prospectively to revised commencement certificates issued after the notification date, and prior commencement certificates protect only the covered area from such regulations.

administrative petition_dismissed Significant Maharashtra Regional and Town Planning Act Development Control Regulations commencement certificate inclusive housing

Sandip Sarjerao Sule & Ors. v. The State of Maharashtra & Ors.

23 Sep 2022 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court quashed the FIR under Section 498A IPC and related offences based on an amicable settlement, emphasizing the need to make Section 498A compoundable to reduce litigation and hardship.

criminal petition_allowed Significant Section 498A IPC quashing of FIR matrimonial dispute compoundable offence

Abhishek Mahendra Umbarje v. State of Maharashtra & Ors.

23 Sep 2022 · S. V. Gangapurwala; R. N. Laddha

The Bombay High Court held that tribe validity certificates granted to blood relatives entitle petitioners to similar certificates, quashing the Scrutiny Committee's invalidation orders and directing issuance of Koli Mahadev Scheduled Tribe certificates.

administrative petition_allowed Significant Scheduled Tribe Certificate Koli Mahadev Validity Certificate Affinity Test