2134 Bombay High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 63 of 89.
Bombay High Court reaffirms that child sexual abuse cases under the POCSO Act do not require medical evidence of injury to validate victim testimony. The ruling strengthens protections for child witnesses by prioritizing their credibility over forensic gaps, impacting prosecutorial strategies in similar cases.
Bombay HC rules that compensation for acquired land must reflect its highest and best use, not just current agricultural status. The court emphasized that market value should account for non-agricultural potential, ensuring fair recompense for landowners under eminent domain.
The Bombay High Court has ruled that Section 22(1) of the Apprentices Act, 1961 does not create an automatic right to absorption into regular service, even if vacancies exist. Employers are under no legal obligation to hire apprentices as permanent staff unless the apprenticeship agreement explicitly guarantees employment, significantly limiting claims by trainees in public sector undertakings.
The Bombay High Court has ruled that an arrest under PMLA is valid if the Enforcement Directorate establishes a credible link between unaccounted assets and a scheduled offence by the time of arrest, even if the FIR is registered after the ECIR but before detention. This clarifies that post-facto linkage of proceeds suffices for subjective satisfaction under Section 19, significantly expanding investigative flexibility without requiring prior criminal charges.
The Bombay High Court has ruled that under Section 127 of the MRTP Act, a land reservation automatically lapses not merely because a notice is served through government channels, but only when the planning authority takes concrete action on it. This clarifies that revised development plans relocating public amenities render PILs seeking retention of original reservations infructuous, significantly impacting urban land governance and developer liability.
The Bombay High Court has affirmed that the Charity Commissioner can override hereditary succession in public trusts only when there is clear evidence of neglect or mismanagement under Section 50A of the Maharashtra Public Trusts Act. This ruling reinforces that lineage alone cannot dictate trustee appointments in charitable institutions, strengthening accountability in public trust administration.
Bombay HC (Nagpur Bench) rules that once trial begins, amendments to pleadings under Order VI Rule 17 CPC demand demonstrable due diligence. Mere reliance on subsequent judgments without explaining delay or necessity is insufficient, reinforcing procedural compliance in civil litigation.
Bombay HC rules that imposing a 1-km territorial cap for 25% EWS admissions under the RTE Act violates constitutional rights and the statute's unconditional mandate. The judgment reinforces that private unaided schools must admit disadvantaged students regardless of proximity, impacting thousands of EWS applicants statewide.
Bombay HC rules that an arbitral award is invalid if the arbitrator was appointed unilaterally by one party, aligning with the Supreme Court's Perkins Eastman precedent. The court set aside the award solely on this ground, emphasizing procedural fairness under Section 11 of the Arbitration and Conciliation Act, 1996.
Bombay HC set aside an ex-parte injunction in a trademark dispute after finding the plaintiff concealed material facts, including prior use of the mark and family ties with the defendant. The ruling reinforces that litigants seeking equitable relief must disclose all relevant facts to avoid injunctions being vacated under the Clean Hands Doctrine.
The Bombay High Court dismissed a land acquisition petition after finding petitioners concealed a prior written agreement waiving all compensation claims for 25.39 acres. The ruling affirms that equitable principles override statutory rights under the Land Acquisition Act 2013 and Article 300A when parties act in bad faith, setting a critical precedent for landowners seeking relief after suppressing material facts.
The Bombay High Court held that under Section 227 CrPC, being present among 100-150 people at a mob violence scene cannot establish a prima facie case for framing charges unless there is concrete evidence linking the accused to active participation or shared criminal intent. This ruling reinforces the principle that guilt cannot be inferred from proximity alone, protecting individuals from indiscriminate prosecution in crowd-based offenses.
Bombay High Court ruled that school admission records are conclusive proof of a victim’s age under the POCSO Act, superseding medical ossification tests. The court also affirmed that the sole credible testimony of a minor victim is sufficient for conviction under Section 376(2)(f) IPC, mandating life imprisonment for incestuous sexual offenses against minors.
Bombay High Court reiterates that deemed conveyance under Section 11 of the MOFA Act merely transfers the promoter's existing title-no more, no less. Disputes over land extent must be resolved in civil courts, not writ petitions, as the authority lacks jurisdiction to adjudicate title claims. The ruling reinforces statutory limits on conveyance orders, protecting original owners from overreach.
Bombay High Court rules that passive presence at the scene of a sexual offense under Section 376-DA IPC and POCSO Act does not constitute culpability. The judgment underscores that active participation is essential for conviction, granting bail to accused with no overt role in the crime.
The Bombay High Court has ruled that importing cosmetics without a CDSCO license renders them prohibited goods under Section 2(33) of the Customs Act, even if intended solely for re-export. Warehousing facilities cannot circumvent statutory regulatory requirements, and seizure or confiscation under Section 111 is lawful - a critical warning to importers and logistics operators relying on warehousing as a regulatory loophole.
Bombay High Court rules that unilateral deemed conveyance under Section 11 of MOFA 1963 cannot be granted without a valid promoter-purchaser relationship established through a registered agreement under Section 4. The judgment underscores that oral agreements or tenancy arrangements do not satisfy jurisdictional prerequisites, impacting housing societies seeking conveyance rights.
The Bombay High Court acquitted an accused in a murder case where the prosecution failed to establish an unbroken chain of circumstantial evidence, could not verify the dying declaration's medical plausibility, and did not link recovered property to the accused. This ruling reinforces that the Last Seen Theory alone cannot sustain a conviction without excluding every other possible explanation, setting a critical precedent for evidentiary standards in homicide trials.
ITAT Mumbai rules that share sales on recognized stock exchanges with STT payment, supported by proper documentation, cannot be treated as unexplained income under Section 68 of the IT Act, even if price appreciation or third-party reports raise suspicions. The ruling reinforces the primacy of documented transactions over speculative assessments, protecting taxpayers from arbitrary disallowances.
The Bombay High Court has held that municipal authorities cannot withhold statutory NOCs for slaughterhouse operations merely because a civil suit challenging contractual validity is pending, absent a stay order. This ruling reinforces that public duties under the Maharashtra Municipal Corporations Act must be fulfilled promptly when regulatory compliance is otherwise lawful, ensuring that administrative inaction does not derail statutory rights.
ITAT Mumbai rules that personal hardship, even with electronic service of orders, constitutes 'sufficient cause' under Section 249 of the IT Act to condone a 155-day delay in filing appeals. The decision reinforces natural justice principles, ensuring taxpayers are not prejudiced by procedural delays beyond their control.
ITAT Mumbai rules that repayment of an unsecured loan before assessment, supported by documentary evidence, fulfills the assessee's burden under Section 68 of the Income Tax Act. The ruling clarifies that mere banking transactions or incorporation documents are insufficient if repayment and evidence negate allegations of unexplained cash credit, offering relief to taxpayers facing similar scrutiny.
Bombay High Court rules that termination without a domestic enquiry violates Section 25F of the Industrial Disputes Act, regardless of the employee's admission to misconduct. The court replaced reinstatement with ₹10 lakh compensation for a 24-year veteran, setting a precedent for procedural fairness in employment terminations.
Bombay High Court dismisses a copyright infringement suit after finding the plaintiff concealed a prior assignment deed and MoU, violating the clean hands doctrine. The court imposed ₹10 lakh in costs, reinforcing that litigants cannot seek equitable relief while deliberately suppressing material documents that undermine their legal standing.