High Court of Bombay

4,240 judgments

Year:

Karvy Innotech Limited v. State of Maharashtra

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

The Bombay High Court quashed a VAT assessment order passed beyond the four-year limitation period under Section 23(2) of the MVAT Act, holding such orders invalid and without jurisdiction.

tax petition_allowed Significant Maharashtra Value Added Tax Act, 2002 Section 23(2) limitation period assessment order

ICICI Home Finance Company Ltd. v. Union of India

11 Jun 2024 · K.R. Shriram; Jitendra Jain · 2022 (11) TMI 709 (Bom)

The Bombay High Court quashed two delayed show cause notices due to non-communication of their transfer to call book, holding such delay and procedural lapses violate natural justice and render proceedings void.

administrative petition_allowed Significant show cause notice delay in adjudication call book natural justice

Nilesh Anand Pawar v. The State of Maharashtra

11 Jun 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court upheld the trial court's rejection of the appellants' application to drop M.C.O.C. Act charges, affirming that membership and participation in an organised crime syndicate justify application of the Act regardless of individual prior offences.

criminal appeal_dismissed Significant Maharashtra Control of Organised Crime Act organised crime syndicate continuing unlawful activity Section 307 IPC

Satish Ramji Chaurasiya v. The State of Maharashtra

11 Jun 2024 · Bharati Dangre; Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court directed premature release of a life convict who completed the minimum imprisonment period under State remission guidelines, holding that the State cannot arbitrarily refuse release once the prescribed term is served.

criminal petition_allowed Significant premature release life imprisonment Section 432 CrPC Section 433-A CrPC

Trimurti Sahakari Griha Nirman Sanstha Limited v. The Additional Commissioner

11 Jun 2024 · Gauri Godse

The court held that resumption of land for breach of tenancy conditions must be timely, upheld breach of regrant conditions requiring payment of Nazrana, and allowed the petitioner to regularize by quantifying and paying the amount before confirming resumption.

property petition_allowed Significant Maharashtra Tenancy and Agricultural Lands Act Section 63 order of regrant Nazrana

Jaydeep Dilip Taware v. The State of Maharashtra & Rohini Raviraj Taware

11 Jun 2024 · A. S. Gadkari; Shyam C. Chandak

The High Court upheld the trial court's rejection of police exoneration reports, modified the order to delete direction to submit charge-sheet, and transferred investigation to CID for a fair probe into alleged conspiracy and firing involving the appellant.

criminal appeal_allowed Significant Section 169 Cr.P.C. charge-sheet investigation MCOC Act

Mr. Mohan @ Machindra Shankar Mandale v. The State of Maharashtra

11 Jun 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court acquitted the appellant of murder charges due to inconsistencies in prosecution evidence and granted him benefit of doubt.

criminal appeal_allowed Significant benefit of doubt circumstantial evidence ocular evidence child witness

Razi Ahmed Khan v. The State of Maharashtra

11 Jun 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court dismissed bail appeals of PFI members charged with conspiracy to wage war against the Government of India under Section 121-A IPC and UAP Act, holding that strong prima facie evidence justified denial of bail.

criminal appeal_dismissed Significant Section 121-A IPC Unlawful Activities (Prevention) Act Conspiracy Bail under Section 439 Cr.P.C.

Somsay Dalasay Madvi & Ors. v. National Investigation Agency & Ors.

11 Jun 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court held that prosecution under the M.C.O.C. Act requires prior approval based on cognizance taken by the court on the date of offence, and set aside charges under the Act due to non-compliance.

criminal appeal_allowed Significant Maharashtra Control of Organised Crime Act prior approval Section 3 M.C.O.C. Act cognizance

Ashwinkumar Suresh Pardeshi v. Bharat Petroleum Corporation Ltd

11 Jun 2024 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that abandonment of a provisional selection process without adherence to natural justice is impermissible and directed the respondent to consider the petitioner’s representation within a stipulated time.

administrative petition_allowed Significant natural justice fair play selection process retail outlet dealership

Helbon Engineers Pvt. Ltd. v. Ferral Anant Machinery Manufacturers Pvt. Ltd.

10 Jun 2024 · Abhay Ahuja

The Bombay High Court held that a bona fide sale agreement executed by a company in liquidation after the winding up petition but before the winding up order is valid and binding under Section 536(2) of the Companies Act, 1956, and protected the purchaser's possession against the Official Liquidator.

corporate appeal_allowed Significant Section 536(2) Companies Act, 1956 winding up petition bona fide purchaser sale agreement validity

Priya R. Soparkar v. Vidharbha Irrigation Development Corporation

10 Jun 2024 · Abhay Ahuja

The Bombay High Court held that its Original Side Rules and Letters Patent prevail over the Commercial Courts Act, 2015, allowing condonation of delay beyond 120 days for filing written statements in original side commercial suits.

civil appeal_allowed Significant Commercial Courts Act, 2015 Bombay High Court Original Side Rules Letters Patent Section 129 CPC

Rikin Ranchhodlal Chokshi v. Shaila Abhay Shah

10 Jun 2024 · Manish Pitale
Cites 1 · Cited by 0

The Bombay High Court granted probate of a Will relying on affidavit evidence under Rule 384, rejecting forgery and suspicious circumstance claims where the opponent accepted benefits under the Will and failed to discharge the burden of proof.

civil appeal_allowed Significant probate Will execution Rule 384 Bombay High Court Rules Section 69 Indian Evidence Act

Manju Anil Aggarwal v. Rajeev Lalchand Goyal

10 Jun 2024 · Manish Pitale

The Bombay High Court revoked Letters of Administration obtained by fraud under Section 263(b) of the Indian Succession Act, recognizing the petitioner as the adopted daughter despite absence of formal adoption deed, and held the revocation petition was within limitation.

civil petition_allowed Significant Letters of Administration Indian Succession Act 1925 Section 263(b) revocation of grant

Combitic Global Caplet Pvt. Ltd. v. The Union of India

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

The Bombay High Court held that refunds of excess duty or CENVAT credit under the pre-GST regime must be paid in cash under Section 142(3) of the CGST Act, 2017, overruling orders directing re-credit to CENVAT accounts.

tax petition_allowed Significant CENVAT credit refund Section 142(3) CGST Act Central Excise Act, 1944

Byramjee Jeejeebhoy Pvt. Ltd. v. Union of India

10 Jun 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court upheld the constitutional validity of the Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014, rejecting challenges based on separation of powers and manifest arbitrariness.

constitutional petition_dismissed Significant Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act, 2014 Separation of powers Manifest arbitrariness Article 14

Bombay Iron and Steel Labour Board v. State Bank of India

10 Jun 2024 · Abhay Ahuja

The Bombay High Court held that a suit for recovery of fixed deposits from a bank, despite allegations of fraud by bank employees, constitutes a commercial dispute maintainable under the Commercial Courts Act, 2015.

civil appeal_dismissed Significant Commercial Courts Act, 2015 commercial dispute fixed deposit receipts banking transaction

Deputy Collector (Land Acquisition) No. 4 Mumbai Suburban v. Ibrahim Musa Athoniya & Ors.

10 Jun 2024 · Milind N. Jadhav

The High Court held that apportionment references under the old Land Acquisition Act, where Awards are passed after the new Act's commencement, fall within the jurisdiction of the Competent Authority under the 2013 Act, and thus transferred all such references accordingly.

property appeal_allowed Significant Land Acquisition Act, 1894 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 30 apportionment reference Section 64 jurisdiction

Chemco Plastic Industries Pvt. Ltd. v. Chemco Plast

10 Jun 2024 · Manish Pitale

The Bombay High Court held that a commercial suit contemplating urgent interim relief is exempt from mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act, and dismissed the defendant's application to reject the plaint for non-compliance.

civil appeal_dismissed Significant Section 12-A Commercial Courts Act pre-institution mediation urgent interim relief Order VII Rule 11 CPC

Usha Sureshchandra Jhaveri v. Himanshu S. Jhaveri and Ors.

10 Jun 2024 · Milind N. Jadhav

The Bombay High Court dismissed the Plaintiff's suit for one-fourth share in properties alleged to belong to her deceased husband, holding she failed to prove ownership and was estopped by a prior agreement.

civil appeal_dismissed Significant partition suit ownership benami property burden of proof