Bombay High Court

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Bombay High Court Dismisses Writ Petition Challenging Customs Duty Demand on Re-exported Leased Capital Goods. Petitioner failed to comply with conditions of Notification No. 21/2002-Cus. for duty-free import of capital goods on lease, and re-exported goods without fulfilling export obligation, leading to demand of duty and interest....

The petitioner, Expotec International Ltd., a public limited company engaged in import and export, was awarded a contract by Gas Authority of India Limited (GAIL) for laying a pipeline. For this proje...

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Bombay High Court Dismisses Husband's Challenge to Amendment in Restitution of Conjugal Rights Petition. Amendment Seeking to Add Grounds of Cruelty Based on Extra-Marital Relationship Held Permissible as It Does Not Introduce New Cause of Action Under Order 6 Rule 17 CPC....

The petitioner, Ariz Kohli, and the respondent, Tehzeeb Kohli, were married on 20 January 2002 under Muslim rites and have a son born on 1 August 2004. Due to marital discord, the wife filed Petition ...

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Bombay High Court Allows Petition of Sarpanch Disqualified for Encroachment — Orders Quashed for Violation of Natural Justice. Disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayats Act set aside as Collector failed to provide hearing before passing order....

The petitioner, Mahadeo s/o Bhagwat Khatawkar, was the elected Sarpanch of village Ter, Taluka and District Osmanabad. Respondent Nos. 6 and 7 filed a complaint alleging that the petitioner had encroa...

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High Court Enhances Compensation in Motor Accident Claim for Death and Injury — Negligence of Truck Driver Proved, Insurance Company Liable to Pay. The Court held that the Tribunal erred in applying contributory negligence and in assessing quantum, and enhanced compensation under the Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 22.12.1990 involving a scooter and a truck. The deceased, Manmathappa Patwari, was riding pillion on a scooter driven by his son Shamsundar. A tr...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302, 307, 120-B IPC set aside as sole eyewitness was a close relative with material contradictions and no independent corroboration....

The case involves three criminal appeals filed by four accused persons against their conviction and sentence by the Additional Sessions Judge, Chandrapur in Sessions Case No.98/2014. The appellants we...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302, 307, 120-B IPC set aside as sole eyewitness was a close relative with material contradictions and no independent corroboration....

The case involves three criminal appeals against a judgment of the Additional Sessions Judge, Chandrapur, convicting the appellants for offences under Sections 302, 307, and 120-B of the Indian Penal ...

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Bombay High Court Allows State's Appeal Against Waiver of Sheriff's Poundage in Admiralty Suit — Sheriff Entitled to Poundage Even if Warrant Not Executed. Court Holds That Sheriff's Right to Poundage Accrues on Issuance of Warrant of Arrest, Not Its Execution, Under Section 48 of the Bombay Court Fees Act, 1959....

The State of Maharashtra, through the Sheriff of Mumbai, appealed against an order of a learned Single Judge of the Bombay High Court dated 17th July 2018 in Commercial Suit No. 816 of 2017. The suit ...

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Bombay High Court Dismisses Petitioner's Challenge to SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Prove Eligibility for Alternate Accommodation. The court held that the Annexure-II list is conclusive evidence of eligibility and the petitioner's claim was rightly rejected by the Slum Rehabilitation Authority....

The petitioner, Dhanraj Bhagirath Gotwal, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 10.04.2014 passed by the Secretary of the Slum Rehabilitation ...

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Bombay High Court Allows Furlough to Prisoner Despite Past Default in Surrender — Rule 4(10) of Prisons (Bombay Parole and Furlough) Rules, 1959 Held Not Mandatory. The court directed reconsideration of furlough application, emphasizing that a single default does not permanently bar furlough and the scheme's purpose of reformation must be upheld....

The petitioner, Sanjay Madhukar Waghade, a prisoner convicted and serving sentence, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking furlough. In 2018, while on furlo...

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Bombay High Court Acquits Convict in Murder Case Due to Unreliable Sole Eyewitness Identification. Conviction under Section 302 IPC set aside as identification of helmeted assailant at night was doubtful and circumstantial evidence insufficient....

The appellant, Mayuresh Ajit Gambhir, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Sachin Suresh Tavde on 13 August 2007. The prosecution case was that the appellan...