High Court of Bombay

5,131 judgments

Year:

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

Jehangir Soli Sorabjee v. M/s. Warden and Company (India) Private Limited

03 Apr 2024 · Sandeep V. Marne

The High Court set aside the order allowing recall of a witness after long delay, holding that Order 18 Rule 17 CPC must be sparingly used to clarify doubts and not to fill omissions or cause delay in a suit pending since 1986.

civil petition_allowed Significant Order 18 Rule 17 CPC recall of witness re-examination Indian Evidence Act Sections 137 and 138

Nav Chetna Charitable Trust v. Commissioner of Income Tax (Exemption)

03 Apr 2024 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 0

The Bombay High Court allowed the writ petition directing condonation of 799-day delay in filing Form 9A under Section 119(2)(b) of the Income Tax Act, emphasizing the discretionary power to mitigate genuine hardship and rejecting a hyper-technical approach.

tax petition_allowed Significant Section 119(2)(b) Income Tax Act condonation of delay Form 9A CBDT Circulars

Babubhai Shankarlal Mehta & Ors. v. State of Maharashtra & Ors.

03 Apr 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure by the Planning Authority to take effective acquisition steps within statutory timelines under Section 127 of the MRTP Act results in lapse of land reservation, entitling the landowner to notification of lapse and development rights.

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

Sarfaraz S. Furniturewalla v. Afshan Sharfali Ashok Kumar

02 Apr 2024 · Rajesh S. Patil

The Bombay High Court held that hardship or rehabilitation allowances paid as 'transit rent' during redevelopment are capital receipts not subject to TDS under Section 194(I) of the Income Tax Act, and interest on amounts withdrawn from the Small Causes Court is at that court's discretion.

tax appeal_allowed Significant Section 194(I) Income Tax Act TDS on rent transit rent hardship allowance

Shilpa Santosh Salvi v. Pankaj Shobhnath Yadav & Ors.

02 Apr 2024 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court upheld the validity of a caste certificate issued by the Mumbai Suburban authority, ruling that jurisdiction depends on residence at the relevant deemed date and that the certificate was lawfully issued after due scrutiny.

administrative petition_dismissed Significant Caste Certificate Competent Authority Territorial Jurisdiction Inherent Jurisdiction

M/s. Sateri Builders and Developers LLP v. Slum Rehabilitation Authority

02 Apr 2024 · Milind N. Jadhav

The High Court upheld the AGRC’s order setting aside the acceptance of an incomplete slum redevelopment proposal that excluded eligible occupants, emphasizing strict compliance with statutory consent and procedural requirements under the Maharashtra Slum Areas Act.

administrative appeal_dismissed Significant Slum Rehabilitation Scheme Maharashtra Slum Areas Act, 1971 Circular No.144 51% consent

Zainab Rafiullah Shaikh v. Puthenveedu Joseph Mathew

02 Apr 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court upheld the appointment of a Court Receiver over disputed commercial premises, dismissing the appellant's challenge that the appointment was unjustified and confirming that a trespasser cannot resist such appointment by invoking equitable tests.

civil appeal_dismissed Significant Court Receiver Order XL Rule 1 CPC Specific Relief Act Consent Decree

Sar Senapati Santaji Ghorpade Sugar Factory Ltd. v. Assistant Commissioner of Income Tax

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

The Bombay High Court held that an application filed before retrospective amendments barring such applications is a vested right and cannot be invalidated, quashing eligibility restrictions imposed by CBDT notifications beyond statutory provisions.

tax appeal_allowed Significant Income Tax Act, 1961 Section 245C Settlement Commission Interim Board for Settlement

M. H. Patel v. Virendra Babubhai Dalal

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

The High Court held that de novo trial under Section 326 CrPC does not apply to verification under Section 202 CrPC and remanded the matter for reconsideration without requiring fresh verification, clarifying that offences under Section 500 IPC are not triable summarily.

criminal appeal_dismissed Significant Section 326 CrPC verification under Section 202 CrPC summary trial Section 500 IPC

‘K’ Savakash Auto Rickshaw Sangha v. Union of India

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

The Bombay High Court upheld the validity of additional fees levied under the Central Motor Vehicles Rules, 1989 for delayed applications, holding such fees are authorized regulatory fees under Section 211 of the Motor Vehicles Act, 1988 and not penalties.

administrative petition_dismissed Significant Motor Vehicles Act, 1988 Central Motor Vehicles Rules, 1989 Section 211 additional fee

Sharad Devidas Shelke v. The State of Maharashtra

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

The Bombay High Court upheld the disqualification of a candidate for incorrectly stating his educational qualification in the recruitment application, emphasizing the candidate's responsibility for accuracy and refusing to disturb the completed selection process.

administrative petition_dismissed Significant recruitment educational qualification disqualification online application

Soheb Sageerali Khan v. The State of Maharashtra

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

The Bombay High Court held that cancellation of a student's improved re-examination result for failure to collect the marksheet within six months is unjustified and directed issuance of the revised marksheet upon payment of prescribed charges.

administrative petition_allowed Significant Higher Secondary Certificate Examination marksheet issuance re-examination result cancellation

Amol Bhaskar Sulakhe v. The State of Maharashtra & Ors.

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

The Bombay High Court quashed the FIR under Sections 504 and 506 IPC for lack of prima facie offence but allowed other charges related to wrongful occupation to proceed to trial in a family business dispute.

criminal appeal_allowed Significant Section 482 CrPC quashing of FIR Section 504 IPC Section 506 IPC