High Court of Bombay

5,131 judgments

Year:

Bata India Limited v. Bindiya Co-operative Housing Society Limited

19 Jan 2024 · Sharmila U. Deshmukh
Cites 2 · Cited by 1

The Court held that mesne profits application following an eviction decree with inquiry direction is not barred by limitation and upheld the quantum based on valuation, modifying only the area for computation.

civil appeal_dismissed Significant mesne profits limitation Order XX Rule 12 CPC eviction suit

Yashwant Anna Bhoir v. State of Maharashtra

19 Jan 2024 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court held that granting Occupation Certificates without adequate sewerage infrastructure violates constitutional and environmental laws, directing remedial action to stop sewage pollution and uphold citizens' rights.

administrative other Significant Occupation Certificate Sewerage Infrastructure Environmental Clearance Polluter Pays Principle

Rajaram Banderao Kulkarni v. State of Maharashtra

18 Jan 2024 · M. S. Karnik · 2024:BHC-AS:2765
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal and acquitted the accused, holding that investigation by an unauthorized officer under Section 17 of the Prevention of Corruption Act, 1988 is illegal and vitiates the trial.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 Section 17 PC Act investigation authorization illegal investigation

Amarlal Hasomal Lalwani v. The State of Maharashtra

18 Jan 2024 · Anuja Prabhudessai; N. R. Borkar

The Bombay High Court quashed a delayed and stale FIR under Section 498A IPC for cruelty, holding that unexplained delay and absence of prima facie offence justify invoking inherent powers under Section 482 Cr.P.C. to prevent abuse of process.

criminal appeal_allowed Significant Section 482 CrPC Section 498A IPC quashing of FIR inordinate delay

Anita Dominic D'Souza & Ors. v. Shaikh Abdul Rauf

18 Jan 2024 · Rajesh S. Patil
Cites 1 · Cited by 0

The High Court dismissed the landlord's interim application seeking market rent deposit during pendency of a revision challenging dismissal of eviction suit, holding such direction is impermissible absent an eviction decree.

civil petition_dismissed Significant eviction decree market rent deposit stay of eviction Civil Revision Application

Indus Tower Limited v. Gram Panchayat Tanang

18 Jan 2024 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed the Gram Panchayat's arbitrary revocation of a No Objection Certificate for mobile tower installation, emphasizing the need for natural justice and scientific evidence before restricting telecommunication infrastructure.

administrative appeal_allowed Significant No Objection Certificate Gram Panchayat mobile tower installation electromagnetic radiation

Mahesh Panjabrao Andhale v. The State of Maharashtra

17 Jan 2024 · M. S. Karnik

The High Court discharged the landlord accused under Section 3 of the PITA Act due to lack of prima facie material showing knowledge or wilful participation in the use of his premises as a brothel.

criminal appeal_allowed Significant Immoral Traffic (Prevention) Act Section 3 PITA Act brothel liability landlord criminal liability

M/s. Edunetwork Private Limited v. The Regional Provident Fund

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

The Bombay High Court quashed an FIR for alleged EPF misappropriation for non-compliance with mandatory inquiry under Section 7A of the EPF Act and procedural safeguards for start-ups.

criminal petition_allowed Significant Employees Provident Fund Act Section 7A inquiry Start-Up India Action Plan quashing of FIR

Sopan Trambak Wani v. Director of Town Planning, Maharashtra State & Ors.

17 Jan 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure by authorities to acquire reserved land within the statutory period under the MRTP Act results in lapsing of reservation, entitling the landowner to develop the property.

property petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 126 MRTP Act Section 127 MRTP Act land reservation lapsing

Anirudh Arun Bhandarkar & Ors. v. The State of Maharashtra & Ors.

16 Jan 2024 · Anuja Prabhudessai; N. R. Borkar

The Bombay High Court quashed the FIR under Section 306 IPC against the applicants, holding that mere allegations of harassment without evidence of proximate instigation do not constitute abetment of suicide.

criminal petition_allowed Significant abetment of suicide Section 306 IPC mens rea instigation

Samrat Span Realties v. The Registrar of Firms, Pune

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

The Bombay High Court held that expulsion of a partner constitutes a change in the firm's constitution that must be recorded by the Registrar of Firms, and disputes over expulsion are to be resolved by courts, not the Registrar.

civil appeal_allowed Significant Indian Partnership Act, 1932 expulsion of partner change in constitution Registrar of Firms

M/s Bafna Udyog v. Micro & Small Enterprises Facilitation Council & Ors.

16 Jan 2024 · Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court held that in absence of an arbitration agreement, the Court cannot appoint an arbitrator under Section 11(6) of the Arbitration Act despite failure of the MSME Facilitation Council to refer the dispute to arbitration under the MSMED Act.

civil petition_dismissed Significant Arbitration & Conciliation Act, 1996 Section 11(6) MSMED Act, 2006 statutory arbitration

Bansilal S. Kabra v. Global Trade Finance Limited & Anr

16 Jan 2024 · Devendra Kumar Upadhyaya; Bharati Dangre; Arif S. Doctor
Cites 1 · Cited by 0

The Bombay High Court held that the amendment to Section 202(1) CrPC mandating an inquiry before issuing process against accused residing outside jurisdiction is mandatory to prevent frivolous complaints.

criminal other Significant Section 202 CrPC mandatory inquiry process issuance accused outside jurisdiction

Sandesh Vitthal Thakur & Ors. v. The Deputy Collector (Land Acquisition) Raigad & Ors.

16 Jan 2024 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court held that acquisition proceedings lapsed due to non-passing of Award within statutory time, as the urgency clause under Section 17 of the 1894 Act was not validly invoked without payment of 80% estimated compensation, and directed fresh compensation determination under the 2013 Act.

property appeal_allowed Significant Land Acquisition Act 1894 Right to Fair Compensation Act 2013 Section 17 urgency clause Section 11A lapsing

Forum For Fast Justice v. Government of Maharashtra

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

The Bombay High Court dismissed a PIL challenging the salaries and perks of MLAs, holding such matters as legislative policy decisions beyond judicial interference and censuring the petitioner for frivolous and unsavory allegations.

constitutional petition_dismissed Significant MLA salaries Public Interest Litigation Maharashtra Legislature Members Salaries and Allowance Act Judicial review

The New India Assurance Company Limited v. Assistant Commissioner of Income Tax

15 Jan 2024 · K. R. Shriram; Dr. Neela Gokhale
Cites 2 · Cited by 2

The Bombay High Court held that a reopening notice under Section 148 of the Income Tax Act, 1961 issued after the limitation period prescribed by the unamended law for AY 2013-14 is barred and invalid, affirming that amended reassessment provisions apply mandatorily to notices issued post 1st April 2021.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Section 148A Section 149

The State of Maharashtra v. Vijay Bhika Dive

15 Jan 2024 · Prithviraj K. Chavan

The High Court reversed the acquittal of the accused and convicted him for kidnapping and attempting to procure a minor girl for prostitution, emphasizing that voluntary accompaniment of a minor without guardian consent amounts to kidnapping under IPC and trafficking under the Immoral Traffic (Prevention) Act.

criminal appeal_allowed Significant kidnapping minor lawful guardianship Section 363 IPC Section 366A IPC

Municipal Corporation of Delhi v. State of Maharashtra & Ors.

12 Jan 2024 · A.S. Chandurkar; Firdosh P. Pooniwalla
Cites 0 · Cited by 1

The Bombay High Court held that the Municipal Commissioner of Delhi qualifies as a Collector under the Revenue Recovery Act, enabling recovery of toll tax dues as arrears of land revenue through validly issued recovery certificates.

administrative petition_allowed Significant Revenue Recovery Act, 1890 Delhi Municipal Corporation Act, 1957 Collector definition toll tax recovery

Premlata Satish Sharma v. The State of Maharashtra

12 Jan 2024 · Anuja Prabhudessai; N. R. Borkar

The Bombay High Court quashed the FIR and charge sheet against the Applicants under Section 498-A IPC, holding that the allegations did not disclose a cognizable offence and continuing the trial would be an abuse of the legal process.

criminal petition_allowed Significant Section 482 Cr.P.C. Section 498-A IPC cruelty quashing of FIR

Mohammed Iqbal Mangu Ismail Ansari v. The State of Maharashtra

12 Jan 2024 · M. S. Karnik

The High Court acquitted the appellant for lack of evidence proving common intention under Section 34 IPC, holding that mere presence and flight are insufficient for conviction.

criminal appeal_allowed Significant common intention Section 34 IPC kidnapping attempted robbery