High Court of Bombay

4,240 judgments

Year:

Anita Sopan Ravalekar v. The State of Maharashtra

05 Feb 2024 · S. M. Modak
Cites 0 · Cited by 1

The Bombay High Court set aside the conviction for rash and negligent driving causing death and injury due to failure of prosecution to prove rashness beyond reasonable doubt and directed compensation to victims.

criminal appeal_allowed Significant rash driving negligent driving motor vehicle accident post-mortem report

Unique Trading Company v. Income Tax Officer – 18 (3)(5)

05 Feb 2024 · N. J. Jamadar

The Bombay High Court held that mere delay in payment of self-assessment tax without wilful intent does not constitute an offence under Section 276C(2) of the Income Tax Act, 1961, and quashed the prosecution accordingly.

criminal petition_allowed Significant Section 276C(2) Income Tax Act wilful attempt to evade tax mens rea prosecution sanction

Sun Tan Trading Co. Ltd. v. The Deputy Commissioner of Income Tax & Ors.

02 Feb 2024 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that reopening of income tax assessments based on customs valuation enhancement was unjustified and allowed deduction of sales promotion expenses incurred for the petitioner's business under Section 37(1) of the Income Tax Act.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Section 147 Section 37(1)

Sun Tan Trading Co. Ltd. v. Union of India

02 Feb 2024 · K. R. Shriram; Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court held that reopening of income tax assessment under Section 148 requires tangible material to form a reason to believe, and sales promotion expenses incurred for business purposes are deductible under Section 37, setting aside the reassessment notices and orders against the petitioner.

tax appeal_allowed Significant Income Tax Act 1961 Section 37 deduction Section 147 reopening Section 148 notice

Pittie Antariksh Grl Pvt Ltd v. Kher Nagar Sai Prasad Co-operative Housing Society Ltd

01 Feb 2024 · Bharati Dangre

The court held that a binding redevelopment contract existed between the developer and cooperative housing society despite absence of a formally executed Development Agreement, and granted interim injunction against the society's termination of the developer.

civil appeal_allowed Significant Development Agreement Co-operative Housing Society Redevelopment Contract Concluded Contract

Joana Rose Philomina Miranda & Ors. v. Western Pre Fab Pvt. Ltd.

01 Feb 2024 · Abhay Ahuja, J.

The Bombay High Court condoned a seven-year delay in filing the written statement, setting aside the no written statement order, emphasizing a liberal approach to ensure fair trial subject to costs.

civil appeal_allowed Significant condonation of delay written statement Order VIII Rule 1 CPC no written statement order

Waryam Singh Kartar Singh v. The State of Maharashtra

01 Feb 2024 · M. S. Karnik
Cites 1 · Cited by 1

The Bombay High Court granted bail to the accused PMC Bank Chairman in a serious financial fraud case due to prolonged pre-trial detention, advanced age, and deteriorating health, balancing personal liberty with the gravity of the offence.

criminal appeal_allowed Significant bail economic offence financial fraud PMC Bank

Rashmi Mehrotra & Anoop Mehrotra v. Manvi Sheth & The State of Maharashtra

01 Feb 2024 · Sharmila U. Deshmukh

The Bombay High Court upheld that a domestic relationship under the DV Act includes persons with a right to reside in a shared household, dismissing the revision against the order reinstating domestic violence proceedings against in-laws.

criminal appeal_dismissed Significant Protection of Women from Domestic Violence Act, 2005 domestic relationship shared household Section 12 DV Act

Shivaji Gopal Kurhade v. Ramchandra Gopal Kurhade & Ors.

01 Feb 2024 · Kamal Khata, J.

The High Court held that the appellate court erred in remanding the entire partition suit for fresh trial solely due to non-framing of a limitation issue, directing it to decide the appeal on merits considering existing evidence and statutory provisions.

civil appeal_allowed Significant remand Order XLI Rule 23A CPC Order XLI Rule 25 CPC limitation

Kunal Kamra v. Union of India

31 Jan 2024 · G.S. Patel; Dr. Neela Gokhale · 2024:BHC-OS:1708-DB

The Bombay High Court upheld the constitutional validity of the 2023 amendment empowering a government Fact Check Unit to identify false information related to government business, balancing free speech with the need to curb misinformation under Article 19(2).

constitutional petition_dismissed Significant freedom of speech and expression Information Technology Act, 2000 Intermediary Guidelines safe harbor

Dr. Ramchandra Bapu Nirmale v. The State of Maharashtra

31 Jan 2024 · A. S. Chandurkar; Jitendra Jain

The High Court held that pension must be calculated on pre-punishment pay scale absent explicit directions on increments in the disciplinary order reducing pay during service.

administrative appeal_allowed Significant pension calculation disciplinary punishment pay scale reduction increments

Arjun Ishwara Gejage v. The State of Maharashtra

31 Jan 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court acquitted the appellant of murder charges due to failure of the prosecution to establish a complete and consistent chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence dying declaration extra-judicial confession last seen evidence

Kunal Kamra v. Union of India

31 Jan 2024 · G.S. Patel; Dr. Neela Gokhale · 2024:BHC-AS:4669-DB
Cites 6 · Cited by 0

The Bombay High Court upheld the constitutional validity of the 2023 amendment to IT Rules empowering a government Fact Check Unit to identify and regulate false or misleading information related to government business, balancing free speech with prevention of misinformation.

constitutional petition_dismissed Significant freedom of speech intermediary liability Information Technology Act, 2000 safe harbor

Kunal Kamra v. Union of India

31 Jan 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court struck down the 2023 amendment to IT intermediary guidelines as unconstitutional for violating fundamental rights and exceeding statutory authority.

constitutional appeal_allowed Significant Information Technology Rules 2021 Intermediary Guidelines Constitutional validity Article 14

Shri Satishkumar Sukhlal Valmiki Chaudhary v. The State of Maharashtra

30 Jan 2024 · A.S. Chandurkar; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court upheld the rejection of a late application for correction of date of birth in the service book, holding that Rule 38(2) bars alterations after five years unless due to clerical error or mistake by others.

administrative petition_dismissed date of birth correction service book Maharashtra Civil Services Rules 1981 Rule 38

Sivadasan Kunju Nair v. State of Maharashtra

30 Jan 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed a criminal case under the Essential Commodities Act against a company after the Collector exonerated it in adjudication proceedings, holding that prosecution would be an abuse of process.

criminal petition_allowed Significant Essential Commodities Act, 1955 quashing of criminal case adjudication proceeding abuse of process

Shri Shailesh Vishwanath Jambhale v. The General Manager, State Bank of India & Ors.

30 Jan 2024 · A. S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 8

The Bombay High Court quashed the inclusion of an advocate’s name on the banking sector 'Caution List' for alleged negligence in title reports, holding that the bank’s procedural lapses cannot be shifted to the advocate absent fraud or criminal conduct.

civil petition_allowed Significant Caution List Search and Title Report Professional negligence Bank guidelines

Madhuri Bharat Upadhey v. State of Maharashtra

29 Jan 2024 · M. S. Karnik

The Bombay High Court held that only the Management of a private school is competent to grant sanction for prosecution under the Prevention of Corruption Act, and sanction granted by the Director of Education without Management's approval is invalid, leading to discharge of the accused.

criminal appeal_allowed Significant sanction for prosecution Prevention of Corruption Act Section 19(1)(c) Maharashtra Employees of Private Schools Act

Association for Protection of Civil Rights v. The Municipal Corporation of the City of Thane

29 Jan 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court directed the Thane Municipal Corporation to operationalize a public hospital ensuring free medical services to the poor under its own resolution, while upholding its policy decision to run the hospital on a PPP model.

constitutional petition_allowed Significant Public Interest Litigation Municipal Corporation Public Health Right to Life

Nainesh Sanghvi v. The State of Maharashtra

29 Jan 2024 · Amit Borkar

An Authorised Officer replaced under Section 88 of the Maharashtra Cooperative Societies Act loses authority to submit reports, and any such unauthorized report and consequent recovery certificate are invalid.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 88 Authorised Officer Replacement of officer