High Court of Bombay
5,061 judgments
Mr A.B.C. v. State of Maharashtra & Ors.
The Bombay High Court quashed an FIR under Section 376 IPC alleging rape based on a promise of marriage, holding that mere breach of promise without dishonest intent does not vitiate consent and the proceedings were instituted with ulterior motives.
Sudhir Santuji Murkute v. State of Maharashtra
The Bombay High Court held that a long-serving employee cannot be denied pension and retirement benefits on procedural grounds raised post-retirement, affirming pension as a statutory right protected under Article 21 and legitimate expectation doctrine.
Ashwini Sanjay Kale & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that age relaxation under Maharashtra Judicial Service Rules, 2008 applies only to recognized backward classes and not to Economically Weaker Section candidates, dismissing their claim for appointment as judicial officers.
Shri Yogesh Rajendra Mehra v. Principal Commissioner CGST & Central Excise Raigad
The Bombay High Court allowed the writ petition directing refund of tax mistakenly deposited under a cancelled GST registration and held that procedural deficiencies cannot render an appeal barred by limitation if filed online within time.
Salasar Estate Developers LLP v. Rufina Walter Gomes & Ors.
The Bombay High Court set aside injunctions restraining development on ancestral property, holding that long-standing mutation entries and possession by one branch create a strong prima facie title against late challenges by other heirs who suppressed material facts.
Varsha Kapil Doshi v. State of Maharashtra
The Bombay High Court quashed the recovery of increments paid beyond five years and near retirement, holding such recovery impermissible and emphasizing equitable balance per the Supreme Court’s Rafiq Masih precedent.
Om Impex v. The State of Maharashtra
The Bombay High Court held that revocation of voluntary GST registration cancellation without prior notice or hearing violates natural justice and quashed the retrospective cancellation orders.
Green Garden Apartments Co-operative Housing Society Limited v. Nitin Chaudhari and others
The Bombay High Court held that sale of TDR by a cooperative housing society was authorized and valid despite internal irregularities and non-registration, dismissing the plaintiff's application for temporary injunction.
Anurag Ravindra Umaley v. State of Maharashtra
The Bombay High Court held that mere promise of marriage does not vitiate consent under Section 90 IPC unless it is shown that the accused never intended to marry, and discharged the accused from rape charges for lack of prima facie evidence of absence of consent.
Kotak Mahindra Bank Ltd v. The State of Maharashtra
The Bombay High Court held that insolvency proceedings against personal guarantors must be heard by the NCLT where insolvency proceedings against the principal corporate debtor are pending, setting aside the DRT's order and directing transfer of proceedings to the NCLT.
Kinjal Jayesh Mehta v. Disha Jimit Sanghvi
The Bombay High Court held that a married sister-in-law residing separately in her own matrimonial house does not have a domestic relationship with the aggrieved person under the D.V. Act and cannot be made a respondent in a domestic violence application.
Raviprakash Chaturdeo Patel v. The State of Maharashtra & Ors.
The Bombay High Court held that CIDCO was not obligated to accept the highest bid in its e-tender and that its rejection of the petitioner's bid was neither arbitrary nor unfair, dismissing the writ petition.
Shivraj Nagar Co-op. Hsg. Soc. Ltd. v. Mextech Realty Pvt. Ltd.
The Bombay High Court held that the statutory restriction on shareholding under Section 28 of the Maharashtra Co-operative Societies Act does not apply to housing societies governed by Chapter XIII-B, and dismissed the petition challenging membership conferment to a company purchasing multiple bungalows.
Ashok Chaganlal Thakkar v. National Faceless Assessment Centre
The Bombay High Court held that rural agricultural land classification under Section 2(14)(iii) does not require actual agricultural activity and remanded the matter for fresh assessment after proper verification of evidence and mandatory personal hearing.
Maharashtra State Road Transport Corporation v. Dastagir Naalsab Mulani
The Bombay High Court held that the disciplinary authority lacked power under the original Regulation 7 to impose cumulative effect on penalties of withholding increments or reduction of pay, dismissing the MSRTC's writ petitions challenging Labour Court orders.
Nusli N. Wadia; Maureen N. Wadia; Rajesh Batra v. Bastion Constructions
The Bombay High Court dismissed the application to admit additional evidence at the appellate stage in a specific performance suit, holding that possession is ancillary and the application was an abuse of process intended to delay the decree.
Ashish Namdeo Sonkamble v. State of Maharashtra
The High Court allowed the writ petition, holding that a litigant's reliance on an absent Advocate constitutes sufficient cause to condone delay and restore a dismissed application before the Administrative Tribunal.
Shendra Advisory Services P. Ltd. v. The Deputy Commissioner of Income Tax
The Bombay High Court held that share premium received on issuance of shares is a capital receipt not taxable as income under the Income Tax Act, and non-compliance with Companies Act provisions does not convert it into taxable income.
Ceat Limited v. Commissioner of Income Tax, Bombay, City IV
The Bombay High Court held that interest under Section 244A(1)(a) of the Income Tax Act is payable on the entire refund amount from the first day of the assessment year if the refund exceeds 10% of the tax determined on regular assessment, rejecting the Department's attempt to apply the proviso selectively to refund components.
M/s. Sesa Sterlite Ltd. v. State of Maharashtra
The Bombay High Court dismissed the writ petition challenging MIDC's lawful termination of lease agreements for industrial plots due to non-commencement of activities and abandonment of the project despite a stop work order.