High Court of Bombay

5,131 judgments

Year:

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 2

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

Mr A.B.C. v. State of Maharashtra & Ors.

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

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.

criminal petition_allowed Significant Section 376 IPC quashing of FIR false promise of marriage consent vitiation

Sudhir Santuji Murkute v. State of Maharashtra

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

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.

administrative petition_allowed Significant pension retirement benefits legitimate expectation Article 21

Ashwini Sanjay Kale & Ors. v. The State of Maharashtra & Ors.

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

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.

administrative petition_dismissed Significant Maharashtra Judicial Service Rules, 2008 age relaxation Economically Weaker Section backward classes

Shri Yogesh Rajendra Mehra v. Principal Commissioner CGST & Central Excise Raigad

20 Feb 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla
Cites 0 · Cited by 1

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.

tax petition_allowed Significant GST refund cancelled registration tax deposited under cancelled GST number appeal limitation

Salasar Estate Developers LLP v. Rufina Walter Gomes & Ors.

20 Feb 2024 · Milind N. Jadhav

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.

civil appeal_allowed Significant mutation entry ancestral property temporary injunction family arrangement

Varsha Kapil Doshi v. State of Maharashtra

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

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.

administrative petition_allowed Significant recovery of increments Marathi Language Examination Rules 1987 State of Punjab v. Rafiq Masih equitable balance

Om Impex v. The State of Maharashtra

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

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.

administrative appeal_allowed Significant voluntary cancellation of GST registration revocation of cancellation principles of natural justice show cause notice

Green Garden Apartments Co-operative Housing Society Limited v. Nitin Chaudhari and others

20 Feb 2024 · Sandeep V. Marne

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.

civil appeal_dismissed Significant Transferable Development Rights TDR Development Rights Certificate Temporary Injunction

Anurag Ravindra Umaley v. State of Maharashtra

16 Feb 2024 · M. S. Karnik · 2024:BHC-AS:7872
Cites 0 · Cited by 1

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.

criminal appeal_allowed Significant consent misconception of fact promise of marriage Section 90 IPC