High Court of Bombay

5,061 judgments

Year:

Vikram Ramesh Rughani v. The State of Maharashtra

26 Feb 2024 · Sharmila U. Deshmukh
Cites 0 · Cited by 1

The Bombay High Court held that imprisonment for maintenance default under Section 125(3) Cr.P.C. is limited to a maximum of 12 months per application, quashing a 47-month sentence imposed without adhering to this limit.

criminal appeal_allowed Significant Section 125 Cr.P.C. maintenance arrears Protection of Women from Domestic Violence Act, 2005 imprisonment limit

Subham Suresh Misale v. The State of Maharashtra & Ors.

26 Feb 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court dismissed the writ petitions challenging the appointment of a candidate with higher merit and valid experience, holding that preference for a plumber course certificate applies only when candidates are equally placed.

administrative petition_dismissed recruitment preference clause experience certificate merit list

Mumbai Metropolitan Region Development Authority v. Mumbai Metro One Private Limited

26 Feb 2024 · Sandeep V. Marne
Cites 6 · Cited by 0

The Bombay High Court heard a Section 34 challenge to a majority arbitral award granting MMOPL damages for delays and increased costs in the Mumbai Metro-1 project, with the petitioner MMRDA contesting liability and quantum, while the respondent supported the award's detailed findings.

commercial_arbitration other Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Concession Agreement Right of Way delay

The Commissioner of Income Tax (TDS) v. M/s. B. Arunkumar Trading Ltd.

23 Feb 2024 · K. R. Shriram; Sharmila U. Deshmukh

The Bombay High Court held that payments for storage tanks do not constitute rent under Section 194I of the Income Tax Act, and TDS on such payments is deductible under Section 194C, dismissing the Revenue's appeals.

tax appeal_dismissed Significant Section 194I Income Tax Act Section 194C Income Tax Act Tax Deduction at Source Storage charges

Gufran Suleman Qureshi v. Municipal Corporation of Greater Mumbai

23 Feb 2024 · G. S. Patel; Kamal Khata

The Bombay High Court held that the Municipal Corporation cannot arbitrarily refuse further redevelopment permissions based on unchanged road width after initially granting permission, applying promissory estoppel, legitimate expectation, and principles of administrative law.

administrative appeal_allowed Significant promissory estoppel legitimate expectation Wednesbury unreasonableness proportionality

Samita Rajendra Patil v. The State of Maharashtra

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

The Bombay High Court dismissed a writ petition challenging a coordinate bench order permitting bridge construction, holding that allegations of fraud and suppression of facts were unsubstantiated and the proper remedy was review or appeal, not collateral writ petition.

environmental / administrative petition_dismissed Significant Article 226 Constitution of India coordinate bench order suppression of facts fraud

Shrikant Chimaji Jahagirdar v. State of Maharashtra

23 Feb 2024 · M. S. Karnik

The Bombay High Court acquitted a public servant accused of corruption, holding that demand and acceptance of illegal gratification must be proved beyond reasonable doubt, and mere circumstantial evidence without direct proof is insufficient.

criminal appeal_allowed Significant Prevention of Corruption Act Section 7 PC Act Section 13(1)(d) PC Act demand and acceptance

~ v. ~

23 Feb 2024 · G.S. Patel; Kamal Khata

The Bombay High Court upheld MHADA's No Objection Certificate and the SRA's authority in a slum redevelopment dispute, dismissing petitions challenging redevelopment orders and emphasizing no fundamental right to trespass on public land.

administrative appeal_dismissed Significant Slum Rehabilitation Authority Maharashtra Slum Areas Act, 1971 No Objection Certificate MHADA

Bahar Infocons Pvt. Ltd. v. Principal Commissioner of Income Tax, Mumbai-2 & Ors.

23 Feb 2024 · G. S. Kulkarni; Somasekhar Sundaresan · 2024:BHC-OS:14829-DB

The Bombay High Court held that the Commissioner’s revisional powers under Section 264 of the Income Tax Act can be exercised to rectify inadvertent double taxation errors even after the time limit for filing revised returns has expired, allowing the petitioner’s revision applications.

tax appeal_allowed Significant Section 264 Income Tax Act revision application revised return double taxation

Bahar Infocons Pvt. Ltd. v. Principal Commissioner of Income Tax, Mumbai-2 & Ors.

23 Feb 2024 · G. S. Kulkarni; Somasekhar Sundaresan · 2024:BHC-OS:14828-DB

The Bombay High Court held that the Commissioner has revisional powers under Section 264 to rectify bona fide mistakes in income tax returns even after the time limit for filing revised returns has expired, allowing the petitioner’s revision applications for correction of double taxation of excess bonus provisions.

tax appeal_allowed Significant Section 264 Income Tax Act revision application revised return double taxation

Bahar Infocons Pvt. Ltd. v. Principal Commissioner of Income Tax, Mumbai-2 & Ors.

23 Feb 2024 · G. S. Kulkarni; Somasekhar Sundaresan · 2024:BHC-OS:14827-DB

The Bombay High Court held that the Commissioner has wide revisional powers under Section 264 of the Income Tax Act to rectify bona fide mistakes even after the time limit for filing revised returns has expired, and set aside the rejection of the petitioner’s revision applications on this ground.

tax appeal_allowed Significant Section 264 Income Tax Act revisional powers double taxation revised return

Hikal Ltd. v. Union of India

22 Feb 2024 · A.S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court held that while the writ petition challenging the Principal Bench of NGT's orders is maintainable, it declined to entertain it on forum conveniens grounds, directing the petitioner to seek remedy before the Gujarat High Court.

administrative other Significant National Green Tribunal territorial jurisdiction writ petition Article 226

Hikal Ltd. v. Union of India & Ors.

22 Feb 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court held that while the writ petition challenging the Principal Bench of NGT's orders is maintainable, it declined to entertain it on forum conveniens grounds, directing the petitioner to seek remedy before the Gujarat High Court.

administrative other Significant National Green Tribunal territorial jurisdiction writ petition Article 226

Sunil Ramji Singh v. Central Bureau of Investigation

22 Feb 2024 · M. S. Karnik
Cites 0 · Cited by 3

The Bombay High Court upheld the rejection of discharge for an accused in a bank fraud and corruption case, ruling that a private settlement does not warrant quashing serious economic offence proceedings under Section 482 CrPC.

criminal petition_dismissed Significant discharge application Section 482 CrPC Prevention of Corruption Act economic offences

Kamal J. Sheth v. State of Maharashtra

22 Feb 2024 · A. S. Gadkari; Shyam C. Chandak

The High Court quashed the Magistrate's order directing investigation into alleged forgery for non-compliance with mandatory procedural requirements and failure to apply judicial mind.

criminal petition_allowed Significant Section 156(3) Cr.P.C. Section 154 Cr.P.C. Section 195 Cr.P.C. Priyanka Srivastava

City Center Mall Private Limited v. The State of Maharashtra

22 Feb 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court declined to interfere with the electricity assessment order under Section 126 of the Indian Electricity Act, 2003, directing the petitioner to pursue the statutory remedy under Section 127.

administrative petition_dismissed Significant Section 126 Indian Electricity Act 2003 Section 127 Indian Electricity Act 2003 Unauthorized use of electricity Distribution Franchisee

Anisa Arashad Diwan v. The State of Maharashtra

22 Feb 2024 · A. S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court allowed a writ petition quashing cancellation of an OBC candidate's engineering admission due to delay in submitting caste validity certificate, holding the delay was not attributable to her and the college's conduct implied waiver.

administrative petition_allowed Significant Caste Validity Certificate Admission cancellation Reservation OBC category

Arrow Engineering Limited v. Punit Jitendra Chande & Anr.

21 Feb 2024 · R.I. Chagla

The Bombay High Court set aside multiple arbitration awards for lack of reasoned decisions and held that contracts lacking certainty of property description are unenforceable, claims barred by limitation, and readiness to perform unproven, thereby allowing the Petitioner’s challenge.

civil appeal_allowed Significant arbitration award specific performance certainty of property description limitation

Administrative Council Walchand College of Engineering v. State of Maharashtra

21 Feb 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court held that the Administrative Council is the lawful managing body of Walchand College of Engineering, quashing government nominations to a rival governing body constituted by the parent society.

administrative appeal_allowed Significant Administrative Council Walchand College of Engineering control and management governing body

M/s. Jagruti Foundation v. The State of Maharashtra

21 Feb 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court upheld the State's discretionary grant and refusal of Letters of Intent for new colleges under the MPU Act, ruling the decision-making process was reasonable and not arbitrary.

administrative appeal_dismissed Significant Letter of Intent Maharashtra Public Universities Act, 1960 Section 109 judicial review