Bombay High Court judgments

Bombay High Court grants anticipatory bail, holding that an FIR lodged as a counterblast to prior litigation and absence of prima facie evidence of misappropriation undermine the prosecution's case. The ruling reinforces that bail cannot be denied merely on allegations without material proof, especially when the account in question was closed before the accused's resignation.

Bombay High Court holds that employees on ad-hoc contractual tenure are not entitled to maternity benefits under the Maternity Benefit Act, 1961, after their contract expires. The ruling clarifies that the Act's protections do not extend beyond the employment period, impacting contractual workers' rights.

Bombay High Court grants anticipatory bail in a rape case, holding that prior serious disputes between parties and absence of corroborative medical evidence raise strong doubts about false implication. The ruling underscores the need for prima facie evidence beyond mere allegations in sexual offence cases under Bhartiya Nyaya Sanhita.

Bombay High Court sets a precedent requiring clear evidence of a proximate trigger to suicide and demand for money as economic cruelty to deny bail under Bharatiya Nyaya Sanhita in dowry death cases. The ruling underscores that vague allegations without specific instances of coercion or ill-treatment fail to justify continued detention.

Bombay High Court grants bail to a 70-year-old accused in a BNS case where no overt act was attributed, the charge sheet was filed without framing charges, and the cause of death remained undetermined. The ruling reinforces that prolonged pre-trial detention is unjustified when the accused's role is unsubstantiated, setting a precedent for bail in cases with weak evidentiary links.

Bombay High Court rules that alternate plot allotment under the MRTP Act does not automatically confer title unless the scheme is formally modified. The court dismissed the appellant’s claim due to a 40-year delay and a doubtful conveyance deed, reinforcing that interim relief in property disputes requires strict compliance with statutory procedures.

Bombay High Court rules that when a convict's case fits multiple categories under premature release guidelines, the category granting the earliest release must be applied. This ensures a liberal and fair construction of remission policies, directly impacting prisoner rights and sentencing outcomes.

Bombay High Court rules that compensation for permanent disability under the Motor Vehicles Act must account for non-pecuniary damages like pain, suffering, and loss of amenities, even if the victim's earnings remain unaffected. The Court enhanced the award by Rs. 2,00,000, reinforcing structured compensation heads for holistic redressal.

Bombay High Court reinforces that contempt proceedings under Section 12 of the Contempt of Courts Act, 1971, require concrete evidence of wilful disobedience, not just bare allegations. The ruling underscores judicial restraint in contempt cases, protecting public officials from frivolous litigation while upholding the sanctity of court orders.

Bombay High Court ruled that a land acquisition award amended via corrigendum after 31 years is void if due process under the Land Acquisition Act, 1894, was bypassed. The Court directed fresh compensation proceedings, reinforcing that procedural compliance is non-negotiable even for decades-old acquisitions, impacting landowners and government agencies alike.

Bombay High Court ruled that under the NDPS Act, the weight of seized contraband must exclude non-narcotic materials such as leaves and flowers, impacting bail eligibility. The judgment questions the applicability of Section 2(iii)(b) where segregation of narcotic substances from extraneous material is absent, setting a precedent for procedural compliance in drug-related cases.

Bombay High Court directs Maharashtra to establish a State Level Grievance Redressal Committee under the Maharashtra Project Affected Persons Rehabilitation Act, 1999, to address rampant illegal land allotments and pending grievances of project-affected persons (PAPs). The ruling mandates uniform criteria for land allotments to prevent arbitrariness and ensure statutory compliance.

Bombay High Court rules that coercive recovery under Section 45-A of the ESI Act without prior notice and hearing violates principles of natural justice. The Court stayed recovery proceedings against a closed establishment, emphasizing procedural fairness before imposing liabilities on employers.

Bombay High Court upholds dismissal under Section 11A of the Industrial Disputes Act for chronic absenteeism without medical proof, overturning a Labour Court's order for 50% backwages. The ruling reinforces that proportional punishment for unauthorized absence does not require reinstatement or full backwages, impacting employer disciplinary actions in service law disputes.

Bombay High Court rules that failure to update tax demand records after appellate reduction from Rs. 3.56 crores to Rs. 22 lakhs jeopardizes the Income Tax Department's preferential creditor status in insolvency proceedings. The court criticized mechanical responses and directed immediate compliance to protect creditor claims.

Bombay High Court initiates contempt proceedings against the Mumbai Collector for failing to execute MahaRERA decrees, reinforcing judicial authority over statutory obligations. The ruling underscores that government bodies cannot evade court orders under the guise of legal loopholes, setting a precedent for accountability in decree enforcement.

Bombay High Court allowed a writ petition under the SARFAESI Act where an ex-husband fraudulently transferred a mortgaged flat to his divorcee wife, suppressing the bank's security interest. The court held that the bank's rights as a secured creditor could not be defeated by such collusive transfers, even in divorce settlements.

Bombay High Court invokes Section 247 of the Indian Succession Act to appoint a court receiver, restraining property alienation during a probate dispute. The ruling underscores the court's power to protect estate assets from unauthorized transfers, ensuring fair adjudication for all legal heirs.

Bombay High Court bars a contemnor with paranoid personality disorder from filing any legal proceedings until certified mentally fit, prioritizing judicial efficiency and family protection. The ruling sets a precedent for mental health-based litigation restraints under contempt law.

Bombay High Court allows a 69-year-old Chartered Accountant to travel abroad for family visits, despite Look-Out Circulars issued by banks, subject to strict conditions including prior criminal court permissions. The ruling underscores the balance between enforcement of financial institutions' rights and the personal liberties of senior citizens facing non-conviction proceedings.

Bombay High Court restrains Kalyan Dombivali Municipal Corporation from enforcing TDR/FSI as compensation for road widening, reaffirming its Full Bench judgment in Shree Vinayak Builders. The ruling mandates monetary compensation for landowners, impacting municipal land acquisition policies across Maharashtra.

Bombay High Court rules that income tax set-offs for losses under 'Income from House Property' cannot reduce the deceased's business income for motor accident compensation. The ruling ensures higher dependency benefits for claimants by strictly applying MV Act principles over Income Tax Act provisions.

Bombay High Court denied bail to a bank official in a Rs. 2.5 crore loan fraud case, emphasizing that mere transfer of funds to the main accused does not absolve the applicant, especially when a co-accused with similar allegations was given a clean chit. The ruling underscores that bail under BNS requires a nuanced assessment of individual culpability, not just comparative treatment.

Bombay High Court enhances compensation to Rs. 44.34 lakhs for a minor in a prolonged coma, setting a daily care expense benchmark of Rs. 600. The ruling prioritizes substantive justice over strict evidentiary proof, impacting future claims for vegetative state care under the Motor Vehicles Act.