High Court of Bombay
5,061 judgments
The New India Assurance Co. Ltd. v. Lalbahadur Z. Gupta
The High Court held that absence of FIR does not preclude fixing negligence in a motor accident claim when the claimant has lodged a complaint and evidence supports the injury.
Gemini Developers v. State of Maharashtra
The Bombay High Court held that conversion of a sole proprietorship developer into a partnership firm comprising only legal heirs does not attract additional fees under the SRA office order, exempting the petitioner from paying the 5% land cost charge.
Rajinder Kaur Jaspal Singh Layal v. The Union of India & Ors.
The Bombay High Court held that refusal to renew passports on grounds of a property dispute over the address is arbitrary and violates the fundamental right to travel abroad under Article 21, directing renewal of passports despite the objection.
Bank of India v. M/s. Maruti Civil Works
The Bombay High Court held that appeals under Section 13(1A) of the Commercial Courts Act, 2015 lie only against orders enumerated under Order XLIII CPC, dismissing the appeal challenging rejection of an application under Order VII Rule 10 and 11(d) CPC as not maintainable.
Madhu Deepak Gogri & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that property given on leave and licence without transfer of ownership cannot be attached under the MPID Act absent malafide transfer, quashing the attachment order and directing release of the shops.
Prashant Gopalrao Chandane v. The State of Maharashtra
The Bombay High Court set aside a conviction under Section 344 CrPC for giving false evidence, holding that the trial court failed to properly satisfy itself of willful falsehood when acquitting the accused on the same evidence.
M/s. Impex (India) Limited v. Mr. Dinashah Jal Daruwala and Ors.
The Bombay High Court upheld eviction of tenant for unauthorized permanent construction and nuisance on non-tenanted land, affirming Rent Court jurisdiction over acts injurious to tenanted premises and recognizing constructive occupation by landlords.
M/s Ajay Industrial Corporation Ltd. v. Deputy Commissioner of Customs
The Bombay High Court held that interest on delayed customs duty refunds under Section 27A of the Customs Act is payable from three months after the original complete refund application date, rejecting the revenue's attempt to limit interest to a later date.
Swastik Enterprises v. Marianella Properties Pvt. Ltd.
The Bombay High Court condoned a 282-day delay in filing Vakalatnama in a summary suit due to the Defendant's serious medical condition, allowing the Defendant to appear and defend subject to costs.
M/s Railsys Engineers Private Ltd. v. Overseas Infrastructure Alliance Pvt. Ltd.
The Bombay High Court held that a valid arbitration agreement mandates referral of disputes to arbitration, dismissing a summary suit despite an acknowledgment of debt in a subsequent communication.
Nagesh Madhava Suvarna v. State of Maharashtra
The Bombay High Court held that the moratorium under Section 14 of the IBC applies only if the corporate debtor is in actual physical possession, allowing the society to appoint a new developer for rebuilding Govinda Tower after AA Estate's abandonment.
Smt. Sampada Vilas Mahargude v. State of Maharashtra
The Bombay High Court upheld the validity of a no-confidence motion against a Sarpanch, ruling that mandatory statutory procedures were complied with despite alleged procedural defects, and dismissed the writ petition challenging the motion.
Global Health Care Products v. Krantikari Kamgar Union
The Bombay High Court held that closure without statutory permission is illegal, entitling named retrenched workmen to reinstatement and benefits, but the Industrial Tribunal cannot grant relief beyond the parties named in the industrial dispute reference.
The Special Director, Directorate of Enforcement v. Jaipur IPL Cricket Pvt. Ltd.
The Bombay High Court upheld the Tribunal's reduction of FEMA penalties on IPL franchise promoters, emphasizing the necessity of mens rea and proportionality in penalty imposition under FEMA.
Neo Builder and Developers v. Maharashtra Housing and Area Development Authority
The Bombay High Court partly allowed the developers' appeal, restricting their liability to pay transit rent until issuance of Occupancy Certificate and directing tenants to accept offered alternate accommodation, while modifying the injunction on alienation of flats.
Indubai D. Kothawale and Ors. v. Laxman Balwant Chougule and Ors.
The High Court upheld the executing court's rejection of a third party's obstruction application due to lack of evidence of possession, affirming that execution courts may summarily dismiss baseless objections under Order 21 Rule 97 CPC.
Smt. Shaila Madhukar Gore & Ors. v. Union of India & Ors.
The Bombay High Court held that without statutory declaration under relevant Central or State laws or heritage listing, a temple cannot be judicially protected as an ancient monument, and petitioners must seek such declaration from competent authorities.
Reliance General Insurance Com. Ltd. v. Baban Dattatray Nimbalkar
The Bombay High Court upheld the Tribunal's award holding that a laborer injured while unloading goods in a field with permission is a third party under the Motor Vehicles Act and the accident site qualifies as a public place.
Hitachi Astemo Fie Pvt. Ltd. v. Nirajkumar Prabhakarrao Kadu
The Bombay High Court upheld the dismissal of a union office bearer for posting provocative Facebook messages inciting hatred against management during wage negotiations, holding such acts as misconduct under Model Standing Orders and affirming the fairness of the domestic enquiry.
Vijay Ramdas Kokate v. The District Collector Solapur
The Bombay High Court upheld the validity of a second motion of no confidence against the Upa-Sarpanch, ruling that an earlier premature notice without a special meeting was null and void and did not trigger the statutory two-year bar on subsequent motions.