2134 Bombay High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 81 of 89.
Bombay High Court holds that Section 74 CGST Act prohibits consolidation of tax periods across financial years; each year must be addressed separately in show cause notices.
Bombay High Court grants bail in a case involving transportation of gutkha, holding that Section 123 of BNS requires proof of administration of poisonous substances, not mere transportation.
The Bombay High Court at Goa holds that pending SLP before Supreme Court does not justify stay of execution; executing court must proceed with decree enforcement.
Bombay High Court rules that GST authorities must provide opportunity of hearing before provisional attachment of property, relying on Radha Krishan Industries precedent.
Bombay High Court rules that offences under Customs Act cannot be declared non-bailable without explicit statutory provision, reinforcing bail rights under Article 21.
Bombay High Court holds that co-operative societies cannot deny membership based on land use violations or unauthorised construction absent explicit bye-law provisions.
Bombay High Court allows temporary relaxation of bail conditions for accused to vote in Zilla Parishad elections, balancing electoral rights with judicial restrictions.
Bombay High Court clarifies that in debt recovery, payments must be appropriated first against accrued interest, then principal, affirming the traditional rule of equitable adjustment.
Bombay High Court directs municipal authorities to complete de-choking of 9,000 trees within 15 days, holding officers personally accountable for non-compliance.
Bombay High Court holds that revisional courts cannot re-appreciate evidence in domestic violence cases unless findings are perverse or illegal. Key principles on Section 397 CrPC jurisdiction.
Bombay High Court mandates strict compliance with school transport committee meetings and bus safety protocols, holding schools and municipal bodies accountable for student safety.
Bombay High Court upholds arbitral award setting aside termination and penalties, clarifying that courts cannot reappreciate evidence under Section 34 unless perversity is established.
Bombay High Court holds that appellate courts cannot remand partition suits for non-joinder of necessary parties when parties fail to seek joinder despite opportunity. Key precedent: Kanakarathanammal v. Loganatha Mudaliar.
Bombay High Court holds that sale of marital property without spouse's consent constitutes financial abuse and mandates deposit of sale proceeds for equitable relief.
Bombay High Court holds that appellate courts must decide partition suits on merits when parties fail to implead necessary parties despite ample opportunity, reinforcing procedural finality.
Bombay High Court holds that once workers plead unlawful termination and continued unemployment, employer bears burden to prove they secured alternative employment.
Bombay High Court acquits accused in rape case, holding that consent must be established by evidence, not inferred from silence or disability. Key precedent on victim agency.
Bombay High Court holds that disputes over land extent, title, or development rights in deemed conveyance must be resolved in civil court, not via Article 227 writ jurisdiction.
Bombay High Court holds that Section 34 courts cannot substitute their own contract interpretation for a plausible arbitral award, reinforcing party autonomy in arbitration.
Bombay High Court holds that unauthorized constructions cannot be legitimized by delay, administrative inaction, or lack of regularization, citing binding Supreme Court precedents.
Bombay High Court rules that GST authorities must provide written opportunity of hearing before passing adverse orders under Section 75(4) of CGST Act, 2017.
Bombay High Court upholds arbitral award granting loss of profit damages upon wrongful termination, clarifying distinction between 'loss of profit' and 'loss of profitability' under Indian Contract Act.
Bombay High Court quashes FIR under Section 304-A IPC, holding that medical negligence must meet the 'gross negligence' standard to attract criminal liability.
Bombay High Court holds that delay in substituting legal heirs is condonable under established precedent, reinforcing equitable discretion in civil procedure.