High Court of Bombay

5,131 judgments

Year:

Starlift Services Pvt. Ltd. v. Alba Asia Pvt. Ltd. and others

26 Apr 2024 · Manish Pitale

The Bombay High Court dismissed the contempt petition against company directors for non-deposit of a court-ordered sum, holding no willful disobedience amid financial difficulties and COVID-19 impact, clarifying the scope of Section 12(5) of the Contempt of Courts Act and self-operating clauses in court orders.

civil petition_dismissed Significant Contempt of Courts Act, 1971 civil contempt willful disobedience Section 12(5)

M/s. Poonam Builders v. ACIT, Central Circle - 8(4), Mumbai & Ors.

26 Apr 2024 · K.R. Shriram; Dr. Neela Gokhale
Cites 0 · Cited by 1

The Bombay High Court quashed a reassessment notice under Section 148 as barred by the proviso to Section 147 since the issue was already under appeal before the CIT(A).

tax petition_allowed Significant Income Tax Act, 1961 Section 147 proviso Reassessment Section 80-IB(10)

Govind Laxman Bawkar v. Mrs. Pramila Prakash Sodye & Ors.

26 Apr 2024 · Gauri Godse

The Bombay High Court allowed a senior citizen's petition under the Senior Citizens Act directing his children to vacate his residential premises, holding that children have no vested right to reside in parents' property during their lifetime and the Tribunal must protect senior citizens from harassment.

family appeal_allowed Significant Senior Citizens Act Section 5 maintenance tribunal right to residence

HDFC Bank Limited v. Bank of Bahrain & Kuwait BSC

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

The Bombay High Court set aside the DRAT's remand order, directing it to decide the appeals on merits without further remand, emphasizing that appellate courts must not routinely remand matters when sufficient material exists to decide issues including jurisdiction.

civil appeal_allowed Significant Debt Recovery Tribunal Debt Recovery Appellate Tribunal Section 2(g) Recovery of Debts and Bankruptcy Act jurisdiction

Gramastha Mandal Kundevahal v. State of Maharashtra

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

The Bombay High Court held that the Land Acquisition Officer lacked jurisdiction to decide apportionment disputes under Section 19-C(4) of the Maharashtra Highways Act, set aside the illegal disbursal of compensation, and directed referral of the dispute to the Principal Civil Court.

administrative appeal_allowed Significant Maharashtra Highways Act, 1955 Section 19-C Land Acquisition Officer Apportionment dispute

Navin Popatlal Shah & Nitin Sundraji Shah v. The State of Maharashtra & Ors.

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

The Bombay High Court upheld the State's power under Section 36A of the Maharashtra Land Revenue Code to impose a minimum price condition based on current Ready Reckoner rates for transfer of tribal land to non-tribals, dismissing the petition challenging the valuation date and price condition.

property petition_dismissed Significant Section 36A Maharashtra Land Revenue Code tribal land transfer minimum price condition Ready Reckoner value

Milind Balaso Gadhave v. The State of Maharashtra

25 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court allowed partial clubbing and transfer of multiple criminal cases against the petitioner to avoid multiplicity of trials and delay, while rejecting transfer of cases involving multiple accused and investors.

criminal petition_allowed Significant clubbing of cases multiple criminal cases MPID Act charge-sheet

Global Waste Management Cell Pvt. Ltd. v. Panvel Municipal Corporation

24 Apr 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court upheld the rejection of a bidder's technical bid for failing to meet the tender's experience criteria, ruling that multiple contracts cannot be aggregated to constitute a single project under the tender conditions.

administrative petition_dismissed Significant tender eligibility criteria municipal solid waste project technical bid rejection project vs contract

Ved Prakash Arya v. The State of Maharashtra & The Competent Authority

24 Apr 2024 · A.S. Gadkari; Shyam C. Chandak

The Bombay High Court dismissed the appeal of Ved Prakash Arya, holding that the sale deed must be executed in the name of the partnership firm M/s. Arya Lusters Associates, not the appellant individually, reaffirming the finality of auction orders and prohibiting change of party status post-finality.

criminal appeal_dismissed Significant auction partnership firm authorized agent sale deed

Aniruddha Ganesh Pathak v. Registrar General

23 Apr 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court dismissed the writ petition challenging the removal of a judicial officer for proven misconduct, holding that disciplinary authority’s decision under proper procedure is not liable to interference under Article 226.

administrative petition_dismissed Significant judicial service disciplinary enquiry removal from service judicial misconduct

Shivaji Baburao Avhad v. The Special Commissioner of Sales Tax

23 Apr 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court dismissed the writ petition challenging a suspension order confirmed by the Tribunal, holding that delay was unjustified and the issue had attained finality by a prior Coordinate Bench order.

administrative petition_dismissed suspension order departmental enquiry delay in filing writ petition finality of orders

Sunny Arjun Sonavane v. The State of Maharashtra

23 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court upheld the conviction and life sentence of the appellant for murder by setting the victim on fire, relying on credible eyewitness evidence despite infirmities in the dying declaration.

criminal appeal_dismissed Section 302 IPC murder eyewitness testimony dying declaration

Sunrise Biscuit Company Pvt. Ltd. v. Oriental Insurance Company

22 Apr 2024 · Abhay Ahuja

The Bombay High Court held that the mandatory 120-day period for filing a written statement in commercial suits cannot be extended and that return of plaint under Order VII Rule 10 CPC does not imply continuation of proceedings, thereby dismissing the defendant's application to file a delayed written statement.

civil appeal_dismissed Significant Commercial Suit Written Statement 120 days limitation Service of Summons

Sunil Pran Sikand v. The Assistant Commissioner of Income Tax

19 Apr 2024 · K.R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that payments received under a development agreement and related commitment letter for additional development rights constitute taxable Long Term Capital Gains, reversing the ITAT's treatment of such payments as income from other sources.

tax appeal_allowed Significant Income Tax Act, 1961 Long Term Capital Gain development agreement Transferable Development Rights

Kishor Popat Deore v. The State of Maharashtra

19 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court acquitted the appellant of murder charges, holding that the prosecution failed to prove beyond reasonable doubt that death was caused by strangulation and smothering, and that the possibility of suicide by poison could not be ruled out.

criminal appeal_allowed Significant murder manual strangulation smothering suicide

Jignesh Girishbhai Makwana v. State of Maharashtra

19 Apr 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed a criminal case under Section 309 IPC due to lack of evidence that the accused consumed a poisonous substance, holding that continuation of the case would be an abuse of process of law.

criminal appeal_allowed Significant Section 309 IPC Attempt to commit suicide Quashing of criminal case Section 482 CrPC

Momin Zulfikar Kasam v. Ajay Balkrishna Durve & Aventis Pharma Limited

19 Apr 2024 · Sandeep V. Marne

The High Court held that a transferee of property can execute a decree without separate assignment of the decree under amended Order 21 Rule 16 CPC and set aside the Appellate Bench's order delaying execution.

civil appeal_allowed Significant Order 21 Rule 16 CPC execution of decree assignment of decree transferee of property

Principal Commissioner of Income Tax v. Income Tax Settlement Commission & Ors.

18 Apr 2024 · K. R. Shriram; Neela Gokhale

The Bombay High Court upheld the Income Tax Settlement Commission's order, limiting judicial review to procedural legality and rejecting revenue's challenge on merits of settlement terms.

tax petition_dismissed Significant Income Tax Settlement Commission Section 245D of Income Tax Act judicial review search and seizure

Sunil Ashok Kondugale v. The State of Maharashtra

18 Apr 2024 · Madhav J. Jamdar
Cites 5 · Cited by 0

The Bombay High Court rejected bail to an accused under the MCOC Act, holding that the applicant's nexus with an organised crime syndicate was established and the statutory conditions for bail were not met.

criminal petition_dismissed Significant MCOC Act organised crime syndicate continuing unlawful activity bail under MCOC Act

Frick India Ltd v. Ion Exchange Enviro Farms Ltd

18 Apr 2024 · G.S. Patel

The Bombay High Court held that the exemption under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 applies to premises and excludes sub-tenants from protection if the head tenant is excluded due to paid up capital exceeding Rs 1 crore.

property appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 3(1)(b) sub-tenant protection paid up capital