High Court of Bombay

4,240 judgments

Year:

Chandrakant Dattu Mhatre & Ors. v. Nandkumar Moreshwar Patil & Ors.

27 Feb 2024 · Milind N. Jadhav

The Bombay High Court allowed a writ petition under Article 227 condoning a two-year delay in filing an application for restoration of an appeal, emphasizing the Court's supervisory jurisdiction to do substantial justice and protect the statutory right of appeal.

civil petition_allowed Significant condonation of delay restoration of appeal Article 227 supervisory jurisdiction

Abhishek Ajit Chavan v. Gauri Abhishek Chavan

27 Feb 2024 · Rajesh S. Patil

The Bombay High Court dismissed the husband's writ petition challenging the Family Court's order denying modification of interim custody of the minor daughter, affirming that the child's welfare is paramount.

family petition_dismissed Significant custody minor child welfare of child Hindu Marriage Act, 1955

M/s. Visen Industries Limited v. Commissioner of Central Excise, Thane – II

27 Feb 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court dismissed the appeal against the Tribunal's order disallowing inadmissible Cenvat Credit availed without goods entering the factory and upheld recovery with penalty, holding no substantial question of law arose.

tax appeal_dismissed Significant Cenvat Credit Central Excise Act, 1944 Reversal of Credit Penalty

Harsh Mehta v. Securities and Exchange Board of India & Ors.

27 Feb 2024 · M. S. Sonak; Jitendra Jain · 2024:BHC-OS:19524-DB

The Bombay High Court upheld SEBI's exemption of delisting pursuant to IBC-approved resolution plans from its Delisting Regulations, dismissing challenges to the regulation and related NCLT order as intra vires and consistent with insolvency law.

administrative petition_dismissed Significant SEBI Delisting Regulations ultra-vires Insolvency and Bankruptcy Code resolution plan

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

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

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