Bombay High Court Case Commentaries

Protected Schedule-II Birds Are Compensable Wild Animals for Crop and Fruit-Tree Damage

Date: May 1, 2026

Protected Schedule-II Birds Are Compensable Wild Animals for Crop and Fruit-Tree Damage 1. Introduction In Shri Mahadeo s/o Jagannath Dekate v. State of Maharashtra, the Bombay High Court, Nagpur...

Possible Tender Interpretation by the Procuring Authority Prevails; Cartelisation Requires Cogent Proof

Date: Apr 24, 2026

Possible Tender Interpretation by the Procuring Authority Prevails; Cartelisation Requires Cogent Proof 1. Introduction In M/S. G.H. KHANDELWAL, THR. PARTNER, ANKUR S/O. RUPCHAND KHANDELWAL v....

Delegation Does Not Bar Revision: Housing Societies Must Grant Succession-Based (Deemed) Membership Without Adjudicating Title

Date: Apr 23, 2026

Delegation Does Not Bar Revision: Housing Societies Must Grant Succession-Based (Deemed) Membership Without Adjudicating Title 1) Introduction This Bombay High Court decision (Amit Borkar, J.) in THE...

Adult Trafficking Victim Repatriation: Magistrate’s Repatriation Order Not Mandatory; Trial Court ‘No Objection’ Suffices

Date: Apr 22, 2026

Adult Trafficking Victim Repatriation: Magistrate’s Repatriation Order Not Mandatory; Trial Court ‘No Objection’ Suffices Court: Bombay High Court (Criminal Appellate Jurisdiction) Case: Writ...

Psychiatric Examination in Divorce Proceedings: No Mechanical Orders—Prima Facie Material and Reasons Are Mandatory

Date: Apr 22, 2026

Psychiatric Examination in Divorce Proceedings: No Mechanical Orders—Prima Facie Material and Reasons Are Mandatory Case: Dimpal Nikhilkumar Sanklecha v. Nikhilkumar Nandakumar Sanklecha Court:...

EVM/VVPAT Discrepancy Challenges Require Specific Material Facts Showing “Materially Affected” Result—Election Petition Rejected Under Order VII Rule 11(a)

Date: Apr 10, 2026

EVM/VVPAT Discrepancy Challenges Require Specific Material Facts Showing “Materially Affected” Result—Election Petition Rejected Under Order VII Rule 11(a) Case: PRAMOD RATAN PATIL v. RAJESH...

Mis-citation of Section 66B Not Fatal: Unauthorised Recording/Sharing of Official Calls Attracts Section 66 r/w Section 43(b) IT Act; Official Secrets Act Section 3 Inapplicable Absent “Prohibited Place”/State-Security Nexus

Date: Apr 9, 2026

Mis-citation of Section 66B Not Fatal: Unauthorised Recording/Sharing of Official Calls Attracts Section 66 r/w Section 43(b) IT Act; Official Secrets Act Section 3 Inapplicable Absent “Prohibited...

Maintenance for Minor Children Under Section 125 CrPC Must Reflect Holistic Upbringing, Parental Status, and Be Payable From the Date of Application

Date: Apr 9, 2026

Maintenance for Minor Children Under Section 125 CrPC Must Reflect Holistic Upbringing, Parental Status, and Be Payable From the Date of Application 1) Introduction This criminal revision before the...

Mere delayed reporting to a COVID quarantine centre, without specific disobedience or infection-spreading act, does not attract IPC Ss. 188/269/270—FIR liable to be quashed under Bhajan Lal

Date: Apr 9, 2026

Mere delayed reporting to a COVID quarantine centre, without specific disobedience or infection-spreading act, does not attract IPC Ss. 188/269/270—FIR liable to be quashed under Bhajan Lal 1)...

RERA Refund Orders: Finality Bars Belated Writ Challenges; Newtech Does Not Nullify Adjudicating Officer Refunds Where Section 81 Delegation Is Possible

Date: Apr 8, 2026

RERA Refund Orders: Finality Bars Belated Writ Challenges; Newtech Does Not Nullify Adjudicating Officer Refunds Where Section 81 Delegation Is Possible Case: MARVEL LANDMARKS PVT. LTD. v. THE STATE...

Res Judicata Bars Re-litigation of Territorial Jurisdiction in the Same Suit Despite Subsequent Supreme Court Interpretation

Date: Apr 7, 2026

Res Judicata Bars Re-litigation of Territorial Jurisdiction in the Same Suit Despite Subsequent Supreme Court Interpretation 1) Introduction The Bombay High Court (Nagpur Bench) in HDFC Bank Ltd.,...

Private Scheduled Banks Amenable to Writ Jurisdiction to Enforce RBI “Zero-Liability” Refunds in Unauthorised E‑Banking (SIM‑Swap) Frauds

Date: Apr 7, 2026

Private Scheduled Banks Amenable to Writ Jurisdiction to Enforce RBI “Zero-Liability” Refunds in Unauthorised E‑Banking (SIM‑Swap) Frauds Case: SUBODH C KORDE v. UNION OF INDIA THR MINISTRY OF...

Rental Compensation for Pre-Acquisition Possession: 8% p.a. on Open-Land Value (GR 26-12-2003) Irrespective of Public Purpose, with 6% Interest for Delay

Date: Apr 7, 2026

Rental Compensation for Pre-Acquisition Possession: 8% p.a. on Open-Land Value (GR 26-12-2003) Irrespective of Public Purpose, with 6% Interest for Delay Court: Bombay High Court (Civil Appellate...

Platform-Edge Knockdown (and Fall from Train) Treated as “Untoward Incident”: Contradictory Official Reports Resolved in Favour of Victims under the Railways Act, 1989

Date: Apr 3, 2026

Platform-Edge Knockdown (and Fall from Train) Treated as “Untoward Incident”: Contradictory Official Reports Resolved in Favour of Victims under the Railways Act, 1989 Case: SMT. ASHRAPPA YELLAPPA...

MPT Act Authorities Cannot Direct Change of a Trust’s Name; Emblems Act Remedies Lie with Competent Authorities (Section 70A Time-Limit: Reasonable Period ~ 3 Years)

Date: Apr 3, 2026

MPT Act Authorities Cannot Direct Change of a Trust’s Name; Emblems Act Remedies Lie with Competent Authorities (Section 70A Time-Limit: Reasonable Period ~ 3 Years) Case: NATIONAL EGG CO-ORDINATION...

Customary Right (in Gross) to Use Private Land for Village Festival Is Distinct from Customary Easement; Interim Protection Sustained Under Article 227

Date: Apr 2, 2026

Customary Right (in Gross) to Use Private Land for Village Festival Is Distinct from Customary Easement; Interim Protection Sustained Under Article 227 Case: Ganesh D. Tapkir v. Baner Yethil Samasta...

Specific Performance of a Decades-Old Oral Sale Agreement: Non-Deposit Not Fatal; Equities Balanced by Ordering Substantial Additional Consideration

Date: Apr 2, 2026

Specific Performance of a Decades-Old Oral Sale Agreement: Non-Deposit Not Fatal; Equities Balanced by Ordering Substantial Additional Consideration 1) Introduction This First Appeal before the...

Article 226 Cannot Be Used as a Disguised PIL to Compel FIR Registration in Long-Running Commercial/Contractual Disputes; Bona Fides, Public Law Element, and Hearing to Proposed Accused

Date: Apr 1, 2026

Article 226 Cannot Be Used as a Disguised PIL to Compel FIR Registration in Long-Running Commercial/Contractual Disputes; Bona Fides, Public Law Element, and Hearing to Proposed Accused 1....

Membership Cannot Be Compelled for Non-Existent “Flats”: Section 154B-5 MCS Act Bars Admission Where Agreements Cover Refuge Areas

Date: Apr 1, 2026

Membership Cannot Be Compelled for Non-Existent “Flats”: Section 154B-5 MCS Act Bars Admission Where Agreements Cover Refuge Areas 1. Introduction The Bombay High Court (Firdosh P. Pooniwalla, J.)...

Strangers Cannot Stall Execution of Eviction Decrees on Oral “Sale” Assurances: Clean-Hands Writ Doctrine, Exemplary Costs, and Mandatory Execution Directions

Date: Mar 31, 2026

Strangers Cannot Stall Execution of Eviction Decrees on Oral “Sale” Assurances: Clean-Hands Writ Doctrine, Exemplary Costs, and Mandatory Execution Directions Court: Bombay High Court, Bench at...