High Court of Bombay

3,981 judgments

Year:

(West), Mumbai – 400 0091 ) v. 1 THE MAHARASHTRA HOUSING AREA)

· Kamal Khata; R. D. Dhanuka

The Bombay High Court clarified the scope of statutory powers and procedural requirements for building permissions and redevelopment under Maharashtra housing laws, emphasizing lawful administrative action and judicial oversight.

administrative other Significant Maharashtra Housing and Area Development Act, 1976 building permission Maharashtra Co-operative Societies Act, 1960 Municipal Corporation of Greater Mumbai

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· S.V. Gangapurwala; R.N. Laddha

The Bombay High Court held that admission to Jawahar Navodaya Vidyalayas requires candidates to be residents of the district where the school is located and dismissed petitions challenging rejection of admissions for failure to submit residence certificates.

administrative petition_dismissed Significant Jawahar Navodaya Vidyalaya Admission eligibility Permanent residence certificate District residency requirement

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· Sandeep V. Marne

The Bombay High Court dismissed petitions challenging the MPSC's revised answer keys for the State Civil Services Examination, affirming limited judicial review and estoppel against multiple challenges.

administrative petition_dismissed Significant Maharashtra Public Service Commission State Civil Services Examination Answer key challenge Revised answer key

Pratibha Sanjay Padamalwar v. Municipal Corporation of Greater Mumbai

· S. V. Gangapurwala; S. G. Chapalgaonkar
Cites 1 · Cited by 0

The Bombay High Court upheld MCGM's policy limiting compassionate appointments to family members of medically invalidated employees below 50 years, dismissing the petition challenging the age restriction.

administrative petition_dismissed Significant compassionate appointment medical invalidation age limit Municipal Corporation of Greater Mumbai

Arun Sampatrao Patil v. Amruta Laxman Waghmare & Ors.

· Rajesh S. Patil; K. R. Shriram

The Bombay High Court held that an assignment of property made in violation of a court injunction during suit pendency is null and void, and the assignee cannot be impleaded in the appeal under Order XXII Rule 10 or Section 146 CPC.

civil petition_dismissed Significant assignment deed injunction order Order XXII Rule 10 CPC Section 146 CPC

Jamshid Kersi Dalal & Ors. v. State of Maharashtra & Ors.

· Sunil B. Shukre; M.W. Chandwani

The Bombay High Court held that the State Government's sanction of a Draft Development Plan modification permitting a road through Green Belt land without following statutory procedure is illegal and quashed that modification while upholding others.

administrative appeal_allowed Significant Maharashtra Regional & Town Planning Act, 1966 Development Plan Green Belt Draft Development Plan

Salim Naim Khan & Ors. v. State of Maharashtra & Ors.

· R.D. Dhanuka; M.M. Sathaye

The Bombay High Court upheld the validity of land acquisition for community purposes under the MRTP Act, dismissing petitions challenging the acquisition initiated at the instance of a private trust and emphasizing procedural compliance and public purpose.

administrative petition_dismissed Significant Maharashtra Regional Town Planning Act, 1966 Land Acquisition Act, 1894 public purpose community centre

Maharani Ahilyadevi Samaj Prabodhan Manch, Maharashtra Rajya, Mumbai & Ors v. Union of India & Ors

· Kamal Khata J; GS Patel J

The Bombay High Court upheld the constitutional validity of the Presidential Order listing 'Dhangad' as a Scheduled Tribe, rejecting petitions seeking to substitute it with 'Dhangar' and clarifying the limited judicial role in interpreting such orders.

constitutional petition_dismissed Significant Scheduled Tribes Presidential Order 1956 Dhangar community Dhangad community

Saurer Textile Solutions Pvt Ltd v The State of Maharashtra

· Neela Gokhale; G. S. Patel · 2024:BHC-OS:5203-DB

The Bombay High Court upheld the State of Maharashtra's jurisdiction to levy stamp duty on documents related to imported goods cleared through customs, dismissing challenges to the levy as legally sustainable under the Maharashtra Stamp Act.

administrative petition_dismissed Significant Maharashtra Stamp Act stamp duty customs clearance imported goods

Saurer Textile Solutions Pvt Ltd v The State of Maharashtra & Ors

· Neela Gokhale; G. S. Patel · 2024:BHC-AS:14713-DB

The Bombay High Court consolidated multiple writ petitions challenging the State of Maharashtra's administrative actions on stamp duties, customs, and port operations, holding that such actions must conform to statutory authority and principles of natural justice.

administrative appeal_allowed Significant writ petition administrative action stamp duty registration charges

Saurer Textile Solutions Pvt Ltd v The State of Maharashtra & Ors

· Neela Gokhale; G. S. Patel · 2024:BHC-AS:14705-DB

The Bombay High Court held that administrative actions by Maharashtra's registration, customs, and port authorities must adhere to statutory mandates and procedural fairness, quashing those beyond legal authority in consolidated writ petitions by corporate entities.

administrative appeal_allowed Significant writ petition administrative law registration and stamps customs

Saurer Textile Solutions Pvt Ltd v The State of Maharashtra & Ors

· Neela Gokhale; G. S. Patel · 2024:BHC-AS:14703-DB

The Bombay High Court held that the State of Maharashtra can validly impose stamp duty on transactions involving goods handled through customs and port authorities, subject to statutory compliance and absence of conflict with central laws.

administrative appeal_allowed Significant stamp duty registration charges customs port authority

Pawansingh Ambarsingh Janghale v. The State of Maharashtra

· Jitendra Jain; A. S. Chandurkar

The Bombay High Court held that the Supreme Court's Jarnail Singh decision impliedly overruled its earlier Vijay Ghogre judgment, validating reservation in promotion for SC/ST without quantifiable data and permitting supernumerary appointments pending final adjudication.

constitutional appeal_dismissed Significant reservation in promotion Article 16(4-A) Maharashtra Reservation Act 2001 Limited Departmental Competitive Examination

Dattatray Maruti Bansude & Ors. v. State of Maharashtra & Ors.

· Jitendra Jain; A. S. Chandurkar

The Bombay High Court upheld the quashing of a Government Resolution that sought to recruit candidates beyond advertised vacancies in the LDCE 2016 PSI recruitment, affirming that such excess recruitment violates Articles 14 and 16 of the Constitution and that LDCE is a promotional selection process.

administrative appeal_dismissed Significant Limited Departmental Competitive Examination Police Sub-Inspector recruitment promotion vs direct recruitment reservation in promotion

Viraj Chetan Shah v Union of India

The Bombay High Court held that executive Office Memoranda empowering public sector banks to request Look Out Circulars against loan defaulters violate Article 21 as they lack statutory authority and procedural safeguards, rendering such LOCs unconstitutional.

constitutional petition_allowed Significant Look Out Circular Office Memoranda Fundamental Right to Travel Article 21

Viraj Chetan Shah v Union of India

· 2024:BHC-OS:6697-DB

The Bombay High Court held that executive instructions empowering public sector banks to request Look Out Circulars against defaulters violate Article 21 and are ultra vires, invalidating such LOCs issued without statutory authority or due process.

constitutional petition_allowed Significant Look Out Circulars Office Memoranda Article 21 Fundamental Right to Travel

Viraj Chetan Shah v Union of India & Anr

· 2024:BHC-OS:6698-DB

The Bombay High Court declared unconstitutional the executive Office Memoranda empowering public sector banks to request Look Out Circulars restricting overseas travel, affirming that such fundamental rights can only be curtailed by valid law with due process.

constitutional appeal_allowed Landmark Look Out Circulars Office Memoranda Fundamental Right to Travel Article 21

Viraj Chetan Shah v Union of India & Anr

The Bombay High Court struck down executive Office Memoranda empowering public sector banks to request Look Out Circulars restricting overseas travel of defaulters, holding such measures unconstitutional for lacking statutory authority and procedural safeguards under Article 21.

constitutional appeal_allowed Landmark Look Out Circulars Office Memoranda Fundamental Right to Travel Article 21

Viraj Chetan Shah v Union of India & Anr

· 2024:BHC-OS:6681-DB

The Bombay High Court held that Look Out Circulars issued at the request of public sector banks without statutory authority violate fundamental rights under Article 21 and are unconstitutional.

constitutional petition_allowed Significant Look Out Circulars Office Memoranda Article 21 Fundamental Rights

Viraj Chetan Shah v Union of India & Anr

· 2024:BHC-OS:6675-DB
Cites 0 · Cited by 1

The Bombay High Court declared unconstitutional the issuance of Look Out Circulars at the request of public sector banks under executive Office Memoranda, holding that such restrictions on the fundamental right to travel abroad require statutory authority and procedural safeguards.

constitutional appeal_allowed Landmark Look Out Circulars Office Memoranda Fundamental Right to Travel Article 21