High Court of Bombay

4,240 judgments

Year:

IKEA India Private Limited v. State of Maharashtra

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

The Bombay High Court held that no royalty or penalty under Section 48(7) MLRC is payable on earth excavated and redeployed on the same plot during land development, quashing the State’s penalty and royalty demands against IKEA India.

administrative petition_allowed Significant royalty penalty excavated earth minor mineral

Mr. A. S. Rao with Mr. R. v. Dighe, for

10 Apr 2024 · Revati Mohite Dere; N. J. Jamadar; Sharmila U. Deshmukh

The Bombay High Court Larger Bench held that revision under Section 397 CrPC is maintainable against a Magistrate's order under Section 156(3) CrPC directing investigation, but once FIR is registered, the revisional court cannot quash the FIR or subsequent proceedings, which lie within the High Court's extraordinary jurisdiction.

criminal appeal_allowed Significant Section 156(3) CrPC Section 397 CrPC revision jurisdiction FIR registration

Sudesh Sharad Redij & Ors. v. Sunil Shankar Redij & Ors.

08 Apr 2024 · Sandeep V. Marne

The High Court held that a suit for injunction simplicitor is not maintainable without lawful possession of the entire property and set aside decrees granting injunction where the Plaintiff admitted Defendants' possession of half the property.

civil appeal_allowed Significant injunction simplicitor possession ownership declaration recovery of possession

Siyaram Packaging Pvt. Ltd. v. National Flask Industries Ltd.

05 Apr 2024 · Milind N. Jadhav

The High Court upheld the trial court’s reasoned interim compensation order for unauthorized possession post expiry of Leave and Licence Agreements and set aside the appellate court’s arbitrary reduction of compensation without reasons.

civil appeal_allowed Significant Leave and Licence Agreement Lease Agreement Interim compensation Market rate valuation

Shivanand Hanmant Bobade v. The State of Maharashtra

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

The High Court held that the power of review under the Maharashtra Police Act must be exercised with notice and opportunity of hearing, setting aside a dismissal order passed without such compliance and directing reinstatement of the petitioner.

administrative appeal_allowed Significant Maharashtra Police Act, 1951 Section 27 Section 27B power of review

M/s. Organic Agro Manufactures Association v. The Union of India

05 Apr 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court upheld the validity of the 2021 amendment regulating bio-stimulants under the Fertilizer Control Order and dismissed the writ petition filed by an association lacking locus standi.

administrative petition_dismissed Significant bio-stimulants Fertilizer Control Order, 1985 Essential Commodities Act, 1955 Article 226

Siyaram Packaging Pvt. Ltd. v. National Flask Industries Ltd.

05 Apr 2024 · Milind N. Jadhav

The High Court upheld the Trial Court’s interim compensation order for unauthorized possession under expired Leave and Licence Agreements, setting aside the Appellate Court’s unexplained reduction of compensation.

civil appeal_allowed Significant Leave and Licence Agreement Lease Agreement Interim compensation Unauthorized possession

Natwarlal Shamji Gada v. Vinay Raghunath Deshmukh

05 Apr 2024 · Sandeep V. Marne

The High Court held that legal heirs cannot amend the plaint at appellate stage to introduce a new bonafide requirement inconsistent with the original Plaintiff's pleadings and set aside the order permitting such amendment and remand.

civil petition_allowed Significant bonafide requirement amendment of plaint Order 41 Rule 25 CPC eviction suit

Commissioner of Income Tax Central – II v. Income Tax Settlement Commission; M/s. Kanakia Spaces Pvt. Ltd.

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

The Bombay High Court upheld the Income Tax Settlement Commission's order allowing settlement and capitalization claims, holding that judicial interference is limited to procedural violations or contravention of the Income Tax Act.

tax petition_dismissed Significant Income Tax Settlement Commission Section 245D(4) Section 80IB(10) judicial review

Giridhar Yadav and Ors. v. State of Maharashtra

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

The High Court set aside the conviction for robbery due to denial of fresh hearing by the appellate court and remanded the matter for fresh hearing, emphasizing the necessity of hearing and reasoned appellate interference with acquittals.

criminal appeal_allowed Significant natural justice fresh hearing appellate court reversal of acquittal

Daksh Juber Ghelani v. The Commissioner of Police, Pune City

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

The Bombay High Court quashed a preventive detention order due to unexplained delay in recording witness statements and issuing the order, breaking the causal link required for valid detention under the MPDA Act.

criminal petition_allowed Significant preventive detention delay in detention order in-camera statements Maharashtra Prevention of Dangerous Activities Act

Divyaniben Ajaykumar Patel v. Union Territory of Dadra and Nagar Haveli Daman & Diu

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

The Bombay High Court quashed a preventive detention order due to unexplained seven-month delay breaking the proximate link between alleged offence and detention, emphasizing the necessity of timely detention orders.

criminal petition_allowed Significant preventive detention undue delay proximate link Gujarat Prevention of Anti-Social Activities Act, 1985

Rajesh Shantilal Sejpal v. Maharashtra State Road Transport Corporation

04 Apr 2024 · A. S. Chandurkar; Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court held that a head-on collision was due to composite negligence of both drivers, rejected the act of God defense, and awarded compensation with interest to the appellant's legal heirs.

civil appeal_allowed Significant Motor Vehicles Act, 1988 composite negligence act of God compensation calculation

Rahul Gorakhanath Kadam; Nilesh Shivaji Patil v. The State of Maharashtra

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

The Bombay High Court upheld the exclusion of powerlifting from sports reservation under the 2016 Government Resolution, dismissing petitioners' claims based on promissory estoppel and Article 14.

administrative petition_dismissed Significant sports reservation powerlifting Government Resolution 2016 Article 14

Sandip Suresh Mali & Ors. v. Maharashtra Public Service Commission & Ors.

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

The High Court dismissed the petitioners' challenge to the PSI recruitment process, holding that delayed challenges and interference in subsequent recruitments are impermissible under Article 226.

administrative petition_dismissed Article 226 Police Sub-Inspector recruitment Maharashtra Public Service Commission delay in challenge

Sanjeev Malhotra v. SBI Global Factors Ltd. & Anr.

04 Apr 2024 · Sandeep V. Marne

The Bombay High Court dismissed the petition challenging the arbitral award upholding the guarantor's liability for enhanced credit facilities and rejecting delay and procedural objections.

commercial_arbitration petition_dismissed Significant Arbitral Award Section 34 Arbitration Act Guarantor liability Novation of contract

Principal Commissioner of Income Tax-2 v. M/s. Tata Capital Ltd.

03 Apr 2024 · K. R. Shriram; Dr. Neela Gokhale
Cites 2 · Cited by 0

The Bombay High Court dismissed the Revenue's appeal, holding that the Assessing Officer must record cogent reasons of dissatisfaction before disallowing expenditure under Section 14A read with Rule 8D of the Income Tax Rules.

tax appeal_dismissed Significant Section 14A Rule 8D Income Tax Act, 1961 disallowance

Rajan Garg v. Chief Executive Officer, Slum Rehabilitation Authority & Ors.

03 Apr 2024 · G. S. Patel; Kamal Khata

The Bombay High Court held that the IBC moratorium does not stay slum rehabilitation acquisition proceedings under the Maharashtra Slum Areas Act, prioritizing slum dwellers' welfare over corporate insolvency protections.

administrative petition_dismissed Significant Insolvency and Bankruptcy Code Section 14 moratorium Maharashtra Slum Areas Act Slum rehabilitation

Kiran Ramjan Machare v. State of Maharashtra

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

The Bombay High Court quashed a preventive detention order due to unexplained delay breaking the necessary live link between alleged illegal activities and the need for detention.

criminal petition_allowed Significant preventive detention delay in detention order live link Maharashtra Prevention of Dangerous Activities Act

Raosaheb Damu Ghule v. The State of Maharashtra

03 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The High Court acquitted the appellant of murder charges due to failure of the prosecution to prove guilt beyond reasonable doubt under the stringent principles governing circumstantial evidence.

criminal appeal_allowed Significant circumstantial evidence last seen theory murder Section 302 IPC