Bombay High Court

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Bombay High Court Allows Anticipatory Bail Application in POCSO and Atrocities Act Case - Section 42-A POCSO Act Prevails Over Section 14-A Atrocities Act, Making Section 438 CrPC Maintainable....

The case involved an anticipatory bail application under Section 438 CrPC by Aniket Labade, accused of offences under IPC, POCSO Act, and SC/ST Act. The Sessions Court rejected his bail. In the High C...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations lacked consistency and corroboration, failing to prove guilt beyond reasonable doubt....

The appellant, Nasib Osman Pathan, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Seema, by setting her on fire. The prosecution's case relied heavily on tw...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Hostile Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness testimony found inconsistent and uncorroborated by other evidence....

The appellant, Santosh Gunaji Dudhmal, was convicted by the Additional Sessions Judge, Nanded for the murder of Gunaji under Section 302 IPC and sentenced to life imprisonment. The prosecution alleged...

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Bombay High Court Upholds Conviction of Appellant in POCSO Case for Rape of Six-Year-Old Girl — Life Sentence Confirmed Based on Victim's Testimony and DNA Evidence. Victim's credible testimony and DNA evidence sufficient to sustain conviction under Section 376AB IPC and Section 4 POCSO Act....

The case involves an appeal against conviction for the rape of a six-year-old girl. The victim, a first-standard student, was returning from a drawing exam on 01.11.2018 when the appellant, posing as ...

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Bombay High Court Directs Immediate Refund of Undisputed Income Tax Refund Under Section 168(1) of Income Tax Act, 1961 — Failure to Release Admitted Refund Despite Reminders Constitutes Arbitrary Action...

The petitioner, Group M Media India Private Limited, filed a writ petition before the Bombay High Court alleging failure by the respondents (income tax authorities) to release an undisputed refund det...

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Bombay High Court Allows Appeal in MVAT Case: Agreement for Software Bug Fixing Held as Service Contract, Not Sale of Software. Services provided under agreement for removal of bugs/errors in software constitute repair and maintenance services, not development or customization, and are not taxable as sale of software under MVAT Act....

The appellant, Atos India Private Limited, is engaged in providing services relating to repair and maintenance of software and holds Service Tax Registration and registration under the Maharashtra Val...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Non-Registration of FIR Does Not Bar Negligence Finding. Claimant's Complaint and Medical Evidence Sufficient to Prove Accident and Negligence Under Motor Vehicles Act, 1988....

The New India Assurance Co. Ltd. appealed against the judgment and order of the Motor Accident Claims Tribunal, Mumbai, which had fixed liability on the insurer for compensation arising from a motor a...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963....

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 2008. The respondents (original plaintiffs) claimed ...

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Bombay High Court Quashes Customs Order-in-Original for Defying Advance Ruling on Betel Nut Classification. Authority for Advance Rulings' classification of betel nut products under CTH 2106 90 30 is binding on Customs authorities under Section 28J of the Customs Act, 1962....

The petitioner, Isha Exim, a business engaged in importing edible products including processed betel nut (supari), challenged an Order-in-Original dated 11 November 2022 passed by the Deputy Commissio...