High Court of Bombay

5,131 judgments

Year:

Mangal Kashinath Dabhade v. The State of Maharashtra & Anr.

06 Mar 2024 · M. S. Karnik · 2024:BHC-AS:11132
Cites 2 · Cited by 1

The Bombay High Court discharged the applicants from charges of abetment of suicide and caste-based atrocity, holding that mere opposition to marriage without direct instigation is insufficient for conviction under Section 306 IPC.

criminal appeal_allowed Significant Section 306 IPC Abetment of suicide Instigation Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

Seetabai Pandharinath Temghare v. Union of India

06 Mar 2024 · Jitendra Jain, J.

The Bombay High Court held that a railway employee travelling on a valid free pass without journey endorsements is a bonafide passenger entitled to compensation for accidental death under the Railways Act, 1989.

civil appeal_allowed Significant Railways Act 1989 Railway Servants Pass Rules 1986 bonafide passenger compensation

Ranjitsinh H. N. Nimbalkar & Ors. v. State of Maharashtra & Anr.

05 Mar 2024 · N. J. Jamadar
Cites 0 · Cited by 1

The Bombay High Court held that mandatory procedural timelines under the Food Safety and Standards Act, 2006 are imperative, a separate license is required for food premises in different areas, and vicarious liability requires clear responsibility, partly allowing the petition and quashing process against some petitioners.

criminal petition_partly_allowed Significant Food Safety and Standards Act, 2006 Section 42 procedural compliance Section 77 limitation Food Business Operator license

Kailash Ramchandani v. State of Maharashtra

05 Mar 2024 · Revati Mohite Dere; Manjusha Deshpande
Cites 5 · Cited by 7

The Bombay High Court dismissed bail to an accused in a terrorist blast case, holding that delay in trial alone does not justify bail where prima facie evidence under UAPA and MCOC Act connects the accused to the offence.

criminal appeal_dismissed Significant bail UAPA MCOC Act delay in trial

Sakharam Shankar Navasare & Ors. v. State of Maharashtra & Ors.

05 Mar 2024 · GS Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that expert technical reports on building safety by the Technical Advisory Committee are not subject to judicial review on merits and upheld the owner's right to demolish a dilapidated building despite tenants' objections.

administrative petition_dismissed Significant Technical Advisory Committee structural stability judicial review writ petition

Milind Patel v. Union Bank of India

04 Mar 2024 · B.P. Colabawalla; Somasekhar Sundaresan
Cites 0 · Cited by 3

The Bombay High Court held that banks must provide all relevant material and pass reasoned orders in wilful defaulter proceedings under the RBI Master Circular, ensuring adherence to natural justice and transparency.

administrative appeal_allowed Significant wilful defaulter natural justice RBI Master Circular disclosure of material

Union of India v. S. M. Padwal; Yashwant Balu Lotale v. Union of India

04 Mar 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor
Cites 3 · Cited by 0

The Bombay High Court held that confessional statements made during criminal investigation are inadmissible in departmental proceedings against employees not tried as co-accused, and disciplinary findings based solely on such statements lack evidentiary basis warranting judicial interference.

administrative appeal_allowed Significant departmental proceedings confessional statements TADA Act judicial review

Neena Uppal v. The Union of India

04 Mar 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court directed provisional release of imported betelnuts after holding that the Customs authorities cannot deny clearance contrary to an advance ruling and FSSAI certification absent conclusive evidence of impurity.

administrative petition_allowed Significant Advance Ruling Customs Act, 1962 Food Safety and Standards Authority of India Provisional Release

West India Continental Oils Fats Pvt. Ltd. v. The Union of India

04 Mar 2024 · M. S. Sonak; Advait M. Sethna
Cites 2 · Cited by 0

The Bombay High Court held that interest is payable on IGST refunded which was collected under unconstitutional notifications, overruling the respondents' rejection based on CGST Act provisions.

tax appeal_allowed Significant IGST reverse charge mechanism refund interest on refund

Mahesh K. Mehta v. Deputy Commissioner of Income Tax

01 Mar 2024 · K. R. Shriram; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court upheld disallowance of interest deduction under Section 14A on borrowed funds invested in shares yielding exempt dividend income, rejecting the dominant purpose test in favor of apportionment.

tax appeal_dismissed Significant Section 14A exempt income dividend income interest deduction

Kesar Corporation; Troika Constructions Company; Dattashram Cooperative Housing Society Ltd v. Municipal Corporation of Greater Mumbai; Assistant Commissioner (Estate)

01 Mar 2024 · G. S. Patel; Kamal Khata
Cites 0 · Cited by 6

The Bombay High Court held that for compulsorily registrable leasehold transfers, the transfer premium demand under Section 92(dddd) of the MCGM Act arises from the date of registration, not execution, and ordered refund of wrongly collected fees.

civil petition_allowed Significant transfer premium Section 92(dddd) Mumbai Municipal Corporation Act registration of documents Section 47 Registration Act

The State of Maharashtra v. Bhimrao Rohidas Ghadge

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

The Bombay High Court upheld the Tribunal’s order regularizing the suspension period of a police officer discharged in corruption proceedings where no fresh sanction was obtained and acquittals in related cases were not stayed.

administrative petition_dismissed Significant suspension regularization Prevention of Corruption Act, 1988 sanction for prosecution discharge and acquittal

Vedant Baban Nandgavkar v. The Navodaya Vidyalaya Samiti

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

The Bombay High Court dismissed writ petitions challenging cancellation of admission to 6th standard due to delay, laches, and non-compliance with admission conditions, denying admission to 7th standard thereafter.

administrative petition_dismissed writ petition admission cancellation delay and laches school admission

Shell India Markets Private Limited v. The Union of India

01 Mar 2024 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that payments under a Cost Contribution Arrangement for general business support services do not constitute taxable fees for technical services under the India-UK DTAA, quashing the AAR's order requiring tax withholding.

tax petition_allowed Significant fees for technical services make available Cost Contribution Arrangement General Business Support Services

The State of Maharashtra v. Chandrakant Laxman Patil

01 Mar 2024 · S. M. Modak

The High Court upheld the acquittal of the accused for cheating under Section 417 IPC, holding that absence of a false promise from inception negates criminal liability despite consensual sexual intercourse and subsequent breach of promise.

criminal appeal_dismissed Significant Section 417 IPC cheating false promise consent

Era International v. Aditya Birla Global Trading India Private Limited

29 Feb 2024 · Bharati Dangre

The Bombay High Court held that an arbitrator appointed by MCIA was ineligible under Section 12(5) and directed substitution, affirming the Court’s power under Section 14(2) despite institutional arbitration rules.

civil petition_allowed Significant Arbitration and Conciliation Act, 1996 Section 14(2) Section 12(5) Seventh Schedule

Jayram Vinayak Deshpande v. Directorate of Enforcement

29 Feb 2024 · M. S. Karnik · 2024:BHC-AS:9792

The Bombay High Court granted bail to Jayram Vinayak Deshpande under PMLA, observing his role was limited to knowingly assisting money laundering unlike the prime accused who was already granted bail by the Supreme Court.

criminal appeal_allowed Significant Prevention of Money Laundering Act bail under PMLA money laundering Coastal Regulation Zone

Atul Baban Rupnavar v. State of Maharashtra

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

The Bombay High Court dismissed the writ petition challenging the examination answer key, holding that courts should not interfere with expert evaluation unless the answer key is palpably wrong or perverse.

administrative petition_dismissed Significant judicial review examination answer key competitive examination Article 226

Shri Indrakumar Jain v. M/s. Dainik Bhaskar

29 Feb 2024 · Nitin Jamdar; Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court held that working journalists are not 'employees' under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, as the legal fiction treating them as workmen under the Industrial Disputes Act, 1947, does not extend to that Act.

labor appeal_dismissed Significant working journalist employee definition Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Working Journalists Act, 1955

Rajghor Ranjhan Jaynatilal v. Election Scrutiny Committee of B.B.A.

29 Feb 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the Bombay Bar Association is not a 'State' under Article 12, thus writ jurisdiction under Article 226 is not available to challenge its election decisions after conclusion of the election.

constitutional petition_dismissed Significant Article 12 Constitution of India Article 226 Constitution of India State definition Writ jurisdiction