Bombay High Court Case Commentaries

Bombay High Court (Aurangabad): Penalty for Alleged Illegal Sand Excavation Cannot Rest on an Undated/Ex Parte Panchanama and Contradictory Official Record

Date: Mar 27, 2026

Penalty for Alleged Illegal Sand Excavation Cannot Rest on an Undated/Ex Parte Panchanama and Contradictory Official Record Case: Gunaji Ramji Surnar Vs The State of Maharashtra Through Secretary and...

Section 47 Disability Protection Does Not Carry Cadre Seniority on Shift/Absorption

Date: Mar 27, 2026

Section 47 Disability Protection Does Not Carry Cadre Seniority on Shift/Absorption; Existing Cadre Seniority Cannot Be Disturbed 1. Introduction In RAMESHWAR S/O. MAHADEORAO SURVE v. STATE OF MAHA.,...

Election petitions on Form 26 non-disclosure: strict pleading of pendency/particulars and “materially affected” is mandatory

Date: Mar 25, 2026

Election petitions alleging Form 26 defects must plead (i) pendency/status and full particulars, and (ii) how the result was “materially affected”—a bald assertion is insufficient Case: NAYANA MANOJ...

Rule 45 (60-day) testing timeline and preservation of Section 25 re-testing rights as a precondition to sustainable prosecution under the Drugs & Cosmetics Act

Date: Mar 25, 2026

Mandatory 60-day testing under Rule 45 and timely prosecution to protect Section 25 re-testing rights: failure renders Drugs Act proceedings an abuse of process Case: C. B. HEALTHCARE, THROUGH ITS...

Quashing POCSO Prosecution in Adolescent Consensual “Love-Relationship” Cases Where Parties Now Form a Family: Close-in-Age, Post-Majority Continuation as a Decisive Factor

Date: Mar 13, 2026

Quashing POCSO Prosecution in Adolescent Consensual “Love-Relationship” Cases Where Parties Now Form a Family: Close-in-Age, Post-Majority Continuation as a Decisive Factor Case: RAHUL VINOD SURUSHE...

Bail Denial in Overseas Employment-Trafficking & Cyber-Fraud Conspiracy: Gravity, Prima Facie Material and Flight/Tampering Risk Override the “Bail is Rule” Maxim

Date: Mar 11, 2026

Bail Denial in Overseas Employment-Trafficking & Cyber-Fraud Conspiracy: Gravity, Prima Facie Material and Flight/Tampering Risk Override the “Bail is Rule” Maxim 1) Introduction The Bombay High...

Cumulative Domestic Provocation and “Cooling-Off”: Converting Section 302 IPC to Section 304 (Part I) under Exception 1 to Section 300

Date: Mar 11, 2026

Cumulative Domestic Provocation and “Cooling-Off”: Converting Section 302 IPC to Section 304 (Part I) under Exception 1 to Section 300 1. Introduction The Bombay High Court in Hemant Vasant...

Municipal NOC Cannot Be Withheld Solely Due to Pending Appeal Without Stay: Public Duty Must Align with Operative Decrees

Date: Mar 10, 2026

Municipal NOC Cannot Be Withheld Solely Due to Pending Appeal Without Stay: Public Duty Must Align with Operative Decrees 1) Introduction In TAPI VALLEY AGRO FOOD PRODUCTS COMPANY DONDAICHA v....

NDPS Section 20(a)(i): Proof of “Cultivation” Requires Clear Evidence of Actual Control/Active Nurturing Where Land Has Multiple Recorded Occupants

Date: Mar 8, 2026

NDPS Section 20(a)(i): Proof of “Cultivation” Requires Clear Evidence of Actual Control/Active Nurturing Where Land Has Multiple Recorded Occupants 1) Introduction In SUBHASH MAHADU MAHAJAN v. THE...

Quashing CBI FIR in Bank-Lending Decisions: Section 17A PC Act Bar, “Unknown Accused” FIRs, and Limits on Criminalising Commercial Wisdom

Date: Feb 28, 2026

Quashing CBI FIR in Bank-Lending Decisions: Section 17A PC Act Bar, “Unknown Accused” FIRs, and Limits on Criminalising Commercial Wisdom Case: GTL INFRASTRUCTURE LIMITED v. CENTRAL BUREAU...

Employees’ Compensation: Disability Certificate Need Not Be Issued by Treating Doctor—Any “Qualified Medical Practitioner” May प्रमाणित Disability/Loss of Earning Capacity

Date: Feb 26, 2026

Employees’ Compensation: Disability Certificate Need Not Be Issued by Treating Doctor—Any “Qualified Medical Practitioner” May Assess Disability/Loss of Earning Capacity Court: Bombay High Court...

Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed

Date: Feb 25, 2026

Successive Section 11 MOFA Deemed Conveyance Applications are Barred by Res Judicata: Competent Authority Cannot Re-open a Concluded Merits Rejection by Altering Area Claimed 1) Introduction This...

Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision”

Date: Feb 25, 2026

Revision Bar under Section 154: Audit Special Report (Section 81(5B)) and Section 88 Inquiry Initiation Are Not “Order/Decision” Case: Shivkrupa Sahakari Patpedhi Limited v. State of Maharashtra...

“Intentional” Inverted-Flag Display Requires Proof of Mens Rea; Non-Speaking (“Rubber-Stamped”) Cognizance Orders Are Vulnerable to Quashing Under Section 528 BNSS

Date: Feb 24, 2026

“Intentional” Inverted-Flag Display Requires Proof of Mens Rea; Non-Speaking (“Rubber-Stamped”) Cognizance Orders Are Vulnerable to Quashing Under Section 528 BNSS Case: V K NARAYANAN v. STATE OF...

Tenancy Survives Demolition, but Eviction under MRC Act Still Adjudicable on Bona Fide Need and Non-User

Date: Feb 21, 2026

Tenancy Survives Demolition, but Eviction under the Maharashtra Rent Control Act Can Still Be Granted on Bona Fide Requirement and Non-User 1) Introduction This decision of the Bombay High Court...

Short-Term Hiring of a Driver Creates Employer–Employee Relationship Under the Employees’ Compensation Act: FIR Admissions and Welfare-Oriented Adjudication

Date: Feb 19, 2026

Short-Term Hiring of a Driver Creates Employer–Employee Relationship Under the Employees’ Compensation Act: FIR Admissions and Welfare-Oriented Adjudication 1) Introduction The Bombay High Court...

Continuing Mandamus for Decades-Delayed Land Acquisition: Statewide Mission-Mode Ledger, Payment/Deposit Compliance, and Accountability Under Article 300A

Date: Feb 18, 2026

Continuing Mandamus for Decades-Delayed Land Acquisition: Statewide Mission-Mode Ledger, Payment/Deposit Compliance, and Accountability Under Article 300A 1. Introduction Case: Shahadeo Dagadu Mete...

Section 127 MRTP: Post-notice lapsing cannot be defeated by alleging “defective” purchase notice for want of title documents

Date: Feb 18, 2026

Section 127 MRTP: Post-notice lapsing cannot be defeated by alleging “defective” purchase notice for want of title documents 1. Introduction The Bombay High Court (Ravindra V. Ghuge & Abhay J....

MCOCA Bail: Mere Call-Detail “Contact” and Unparticularised International Calls Do Not Satisfy Section 21(4) Embargo

Date: Feb 13, 2026

MCOCA Bail: Mere Call-Detail “Contact” and Unparticularised International Calls Do Not Satisfy Section 21(4) Embargo Case: AKASHDEEP KARAJ SINGH v. STATE OF MAHARASHTRA Court: Bombay High Court...

Prospective Withdrawal of a Long-Standing Increment Benefit Is a “Change in Service Conditions” Requiring Section 9-A Notice

Date: Feb 13, 2026

Prospective Withdrawal of a Long-Standing Increment Benefit Is a “Change in Service Conditions” Requiring Section 9-A Notice Case: Brihanmumbai Municipal Corporation v. The Municipal Union (with Writ...