High Court of Bombay

4,240 judgments

Year:

Renaissance Buildcon v. The Chief Executive Officer SRA

10 Jun 2024 · Milind N. Jadhav

The Court upheld the termination of the original developer for prolonged non-compliance and restored the appointment of the new developer who complied with all statutory requirements, quashing the AGRC’s order reinstating the former.

property appeal_allowed Significant Maharashtra Slum Areas Act Section 13(2) developer termination Annexure-II

Sanjay Ramchandra Yejgar v. The State of Maharashtra

10 Jun 2024 · Revati Mohite Dere; Shyam C. Chandak

The Bombay High Court upheld the conviction and life sentence of a father for murdering his son by throwing him into a well, relying on credible eyewitness and corroborative evidence.

criminal appeal_dismissed Section 302 IPC murder extra-judicial confession ocular evidence

ABC v. The State of Maharashtra

10 Jun 2024 · Revati Mohite Dere; Shyam C. Chandak

The Bombay High Court upheld the acquittal of the accused in a criminal appeal, holding that the trial court's finding of consensual relationship was not perverse and no compelling reasons existed to disturb the acquittal.

criminal appeal_dismissed Significant appeal against acquittal scope of interference presumption of innocence Section 376 IPC

Rajaram Vithal Jadhav; Ragini Rajaram Jadhav v. The State of Maharashtra; Rajendra Murlidhar Golesar

10 Jun 2024 · A. S. Gadkari; Neela Gokhale

The Bombay High Court quashed the FIR against in-laws in a matrimonial cruelty and abetment of suicide case due to vague allegations and acquittal of the principal accused, holding such prosecution an abuse of process.

criminal petition_allowed Significant Article 226 quashing of FIR Section 498A IPC Section 306 IPC

Sunil Pandurang Mantri v. The State of Maharashtra

10 Jun 2024 · N. J. Jamadar

The High Court quashed the summons issued under Section 319 CrPC against the petitioner, holding that the evidence was insufficient to prima facie establish his complicity in cheating, emphasizing the stringent standard for exercising such extraordinary power.

criminal appeal_allowed Significant Section 319 CrPC summoning additional accused cheating dishonest intention

Narendra Namdev Mulik v. Ananda Demji Chougale

10 Jun 2024 · N. J. Jamadar

The High Court upheld the Charity Commissioner's order invalidating the reported change in trust management due to invalid membership induction and defective meeting notice, dismissing the petition challenging the appellate order.

administrative petition_dismissed Significant Maharashtra Public Trusts Act, 1950 Change Report Charity Commissioner validity of membership

Navjivan Commercial Premises Co-operative Society v. Navjivan Co-operative Housing Society

10 Jun 2024 · Gauri Godse

The Bombay High Court upheld the cancellation of a bifurcation order of a co-operative society for a commercial building due to lack of Registrar's satisfaction and unresolved common property issues, dismissing the petition challenging the appeal order.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 18 bifurcation Registrar satisfaction common property division

Leena Chhaban Tonde v. Dilip Yashwant Padale and Ors.

10 Jun 2024 · Milind N. Jadhav

The Bombay High Court held that a limitation issue once decided on merits under Section 9-A CPC cannot be reopened, and the trial court's order reframing limitation was quashed as contrary to res judicata and statutory amendments.

civil petition_allowed Significant limitation Section 9-A CPC preliminary issue res judicata

Afsar Ali Sajjad Shah v. Shera Ali Sajjad Ali Shah

10 Jun 2024 · Milind N. Jadhav

The High Court upheld refusal to appoint a Court Receiver over disputed property possession, directing expeditious trial while maintaining interim injunction protecting the plaintiff's title.

civil appeal_dismissed Significant Court Receiver Interlocutory Application Injunction Possession

M/s. Bajaj Constructions v. The State of Maharashtra

10 Jun 2024 · N. J. Jamadar

The Bombay High Court held that awarding interim compensation under Section 143A of the Negotiable Instruments Act is discretionary, requiring prima facie evaluation of claims and defenses, and set aside the order directing mandatory payment of 20% interim compensation.

criminal petition_allowed Significant Section 143A Negotiable Instruments Act interim compensation discretionary power Section 138 NI Act

Prakash Mehta v. The Insurance Ombudsman for State of Goa and Mumbai Metropolitan Region & Ors.

10 Jun 2024 · Sandeep V. Marne

The Bombay High Court set aside the Insurance Ombudsman's award rejecting a health insurance claim, holding that occasional alcohol consumption and non-disclosure of hypertension were not material non-disclosures justifying repudiation, especially given the insurer's conduct in continuing and renewing the policy.

civil petition_allowed Significant health insurance non-disclosure pre-existing ailment materiality

Kalavati Rajendra Kokale v. State of Maharashtra

07 Jun 2024 · Sandeep V. Marne
Cites 1 · Cited by 0

The Court held that a Sarpanch's resignation withdrawn during the verification meeting does not take effect, and no dispute filing is necessary to prevent its operation under the Maharashtra Village Panchayats Act.

administrative petition_allowed Significant resignation withdrawal Maharashtra Village Panchayats Act Section 29 Sarpanch resignation

Kores (India) Ltd. v. Ashish Kumar Ahooja

04 Jun 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal and set aside the acquittal in a Section 138 NI Act case, holding that the accused failed to rebut the presumption of liability for dishonoured cheques issued for goods supplied.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 139 presumption Dishonour of cheque Rebuttal of presumption

Kores (India) Ltd. v. Ashish Kumar Ahooja

04 Jun 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal against acquittal in a cheque bounce case, holding that the accused failed to rebut the presumption under Section 139 of the NI Act and is liable to pay the amount due for goods supplied.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 139 presumption Dishonour of cheque Rebuttal of presumption

Dr. Mehernosh Jamshed Jassawalla v. Dr. Lalitrao Bhaskarrao Patil and Ors.

04 Jun 2024 · Sandeep V. Marne

The Bombay High Court held that the Charity Commissioner can entertain removal applications against trustees under Section 41D of the Maharashtra Public Trust Act despite pending Change Reports under Section 22, as confirmed trusteeship status is not a precondition for such disciplinary action.

administrative petition_dismissed Significant Maharashtra Public Trust Act, 1950 Section 22 Change Reports Section 41D removal of trustees Charity Commissioner jurisdiction

Zensar Technologies Limited v. The Regional Provident Fund Commissioner-I, Pune

31 May 2024 · Sandeep V. Marne

The High Court held that rejection of a review application under Section 7B does not bar filing a substantive appeal under Section 7-I against the original order under Section 7A of the Employees Provident Fund Act, and dismissed the writ petition accordingly.

administrative appeal_dismissed Significant Employees Provident Fund Act Section 7A Section 7B Section 7-I

Infantry Security and Facilities v. The Income Tax Officer, Ward 4(5)

29 May 2024 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that the Income Tax Appellate Tribunal cannot amend its order under Section 254(2) based on a subsequent Supreme Court decision and that such rectification applications filed beyond six months are barred by limitation.

tax appeal_allowed Significant Section 254(2) Income Tax Act rectification jurisdiction mistake apparent on record limitation period

Pradip s/o Prabhakar Kolhe v. The State of Maharashtra

16 May 2024 · M.S. Karnik; Kamal Khata

The Bombay High Court held that public authorities cannot withhold deposits collected for event permissions without legal authority and directed refund of the amount withheld by the SDO along with interest.

administrative petition_allowed Significant refund of deposit temporary Non-Agricultural charges unjust enrichment Article 14

Pandurang Punja Avhad v. Director, The Automotive Research Association of India

15 May 2024 · Sandeep V. Marne

The court held that the State Government is the appropriate government for ARAI and that the petitioner, being in a supervisory capacity, is not a 'workman' under the Industrial Disputes Act, dismissing his challenge to termination.

labor petition_dismissed Significant Appropriate Government Industrial Disputes Act, 1947 workman definition supervisory duties

Maharashtra Conductors Association v. State of Maharashtra

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

The Bombay High Court restored a writ petition withdrawn with liberty after alternative proceedings under the MSMED Act were held not maintainable but rejected the petitioner's request to convert the writ petition into a Section 34 arbitration challenge application in absence of an arbitral award.

civil appeal_allowed Significant Writ Petition restoration MSMED Act 2006 Section 2(n) supplier definition Arbitration and Conciliation Act 1996