High Court of Bombay

4,240 judgments

Year:

Atlanta Limited v. Anil R. Agarwal & Ors.

22 Dec 2023 · Milind N. Jadhav

The Bombay High Court allowed the Plaintiff's application to set aside abatement and condoned delay in impleading legal heirs of deceased Defendant No. 1, emphasizing liberal construction of 'sufficient cause' to advance substantial justice.

civil appeal_allowed Significant abatement condonation of delay sufficient cause legal heirs

The Administrative Officer (School) Municipal Mahanagar Palika v. Bhujgonda K. Kamble

22 Dec 2023 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's award reinstating a daily wage worker who completed over 240 days of continuous service, ruling his termination without compliance with Section 25-F Industrial Disputes Act as illegal.

labor petition_dismissed Significant continuous service 240 days rule Section 25-F Industrial Disputes Act permanency

Harshad Jivanrao Mundkar v. State of Maharashtra

22 Dec 2023 · Revati Mohite Dere; Gauri Godse · 2023:BHC-AS:39025-DB

Amit Madhukar Bhogale v. State of Maharashtra

22 Dec 2023 · M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court held that invocation of MCOCA after filing the IPC charge-sheet does not revive the right to default bail under Section 167(2) Cr.P.C. as the investigation under MCOCA is a continuation, not a new investigation.

criminal petition_dismissed Significant default bail Section 167(2) Cr.P.C. MCOCA continuation of investigation

Sanil Sreekumar v. The Union of India

22 Dec 2023 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court allowed the writ petition directing the repatriation of a US citizen minor child to the USA, holding that the mother's unilateral refusal to return with the child amounted to illegal detention, emphasizing the child's best interest as paramount.

family petition_allowed Significant Habeas Corpus Child Custody Best Interest of Child Illegal Detention

Fresenisu Kabi Oncology Ltd. v. State of Maharashtra

22 Dec 2023 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court held that chemically processed Camptothecin is not 'forest produce' under the Indian Forest Act, quashing criminal cases against pharmaceutical company petitioners who purchased it bonafide without knowledge of illicit origin.

criminal petition_allowed Significant Forest Produce Indian Forest Act 1927 Camptothecin Chemical Transformation

Reshma Shivraj Bhosale v. Shivraj Bapusaheb Bhosle

22 Dec 2023 · Abhay Ahuja

The Bombay High Court allowed transfer of a restitution of conjugal rights petition from Kolhapur Family Court to Vasai Civil Court prioritizing the wife's health and convenience, clarifying jurisdiction and applicability of Section 21-A of the Hindu Marriage Act.

family appeal_allowed Significant transfer of proceedings restitution of conjugal rights Hindu Marriage Act Section 9 Section 21-A Hindu Marriage Act

United India Insurance Company Ltd. v. Roopraj Gendu Parihar

22 Dec 2023 · Shivkumar Dige

The High Court upheld the Tribunal's finding of sole negligence on the part of the driver who started the vehicle without checking for the presence of deceased persons sleeping below it, dismissing the Insurance Company's appeals.

civil appeal_dismissed Significant motor accident claim negligence duty of care driver liability

Bhagirathibai Shivgonda Patil v. The State of Maharashtra

22 Dec 2023 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that landowners who have filed and secured a Reference under Section 18 of the Land Acquisition Act, 1894 cannot subsequently seek re-determination of compensation under Section 28A, dismissing the Petitioners' challenge to the rejection of their Section 28A application.

property petition_dismissed Significant Land Acquisition Act 1894 Section 18 Reference Section 28A re-determination Compensation enhancement

Dhananjay Bhagwandas Devi v. State of Maharashtra

22 Dec 2023 · A.S. Chandurkar; Firdosh P. Pooniwalla

The High Court held that transferring employees to non-equivalent posts is unlawful and that suspension pending enquiry must comply with Supreme Court limits, setting aside the transfer and curtailing the suspension period.

service_law appeal_allowed Significant transfer equivalent post suspension disciplinary enquiry

Amit Madhukar Bhogale v. State of Maharashtra

22 Dec 2023 · M. S. Karnik
Cites 2 · Cited by 0

The court held that filing of the charge-sheet under IPC within the statutory period bars the accused from claiming default bail under Section 167(2) Cr.P.C., and subsequent invocation of MCOCA does not revive this right as the investigation is a continuation, not a new one.

criminal appeal_dismissed Significant default bail Section 167(2) Cr.P.C. MCOCA continuation of investigation

Nikhilesh Kesharichand Jhaveri & Ors. v. M/s. New Era Fabrics Ltd. & Ors.

21 Dec 2023 · Sharmila U. Deshmukh

The Bombay High Court upheld the appellate court's order expunging mesne profits evidence, holding that under the Bombay Amendment to Order XX Rule 12 CPC, inquiry into future mesne profits is discretionary and cannot precede a decree for possession when the amount is unascertained.

civil petition_dismissed Significant mesne profits Order XX Rule 12 CPC Bombay Amendment decree for possession

Sojar @ Rukminibai v. Krishnath @ Krishna S/o Gopal Tate

21 Dec 2023 · M.S. Sonak; Jitendra Jain

The High Court held that disputes regarding apportionment of compensation under the National Highways Act must be referred to the Principal Civil Court, quashed the competent authority's order deciding apportionment, and directed recall and proper adjudication of compensation claims.

administrative appeal_allowed Significant National Highways Act, 1956 Section 3H(4) competent authority jurisdiction apportionment of compensation

Romell Real Estate Pvt. Ltd. v. State of Maharashtra

21 Dec 2023 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court held that the cost of constructing the Permanent Transit Camp cannot be included in stamp duty valuation under slum redevelopment agreements and that revision of stamp duty demands under Section 53A must be completed within six years, quashing the delayed demand notices and order.

tax petition_allowed Significant Maharashtra Stamp Act, 1958 Section 53A stamp duty slum redevelopment

Modern India Limited & Ors. v. Financial Technologies (I) Ltd. & Ors.

20 Dec 2023 · Milind N. Jadhav

The Bombay High Court upheld the High Court Committee's fact-finding reports holding the LOIL Group liable to NSEL, rejecting their objections and emphasizing the Committee's limited role and parties' duty to produce documents.

civil appeal_dismissed Significant High Court Committee NSEL LOIL Group Third Party Notice

Bharat Electronics Limited v. IBEX Integrated Business Express Pvt. Ltd.

20 Dec 2023 · R.I. Chagla
Cites 3 · Cited by 0

The Bombay High Court held that delay in filing a petition under Section 34 of the Arbitration Act cannot be excluded under Section 14 of the Limitation Act where prior writ proceedings were not prosecuted with due diligence and good faith and the writ court did not lack jurisdiction.

civil appeal_dismissed Significant Section 14 Limitation Act Section 34 Arbitration Act Limitation period Exclusion of time

Ajgar Akhtar Khan v. The State of Maharashtra

20 Dec 2023 · A. S. Gadkari; Shyam C. Chandak · 2015 ALL MR (Cri) 525

The Bombay High Court quashed the prior approval under Section 23(1)(a) of the M.C.O.C. Act for failure to identify the organised crime syndicate and leadership, emphasizing strict compliance with procedural safeguards before invoking the Act.

criminal petition_allowed Significant Maharashtra Control of Organised Crime Act Section 23(1)(a) prior approval organised crime syndicate

Rohan Shah v. Nishigandha Shah

20 Dec 2023 · Kamal Khata, J.
Cites 2 · Cited by 0

The High Court held that proceedings under Section 12 of the Protection of Women from Domestic Violence Act pending before a Magistrate can be transferred to the Family Court, which has jurisdiction to try such matters and grant reliefs, to avoid multiplicity of proceedings and serve ends of justice.

family appeal_allowed Significant Protection of Women from Domestic Violence Act, 2005 Section 12 application Family Court jurisdiction Transfer of proceedings

Max Healthcare Institute Limited v. Touch Healthcare Private Limited

19 Dec 2023 · Manish Pitale

The Bombay High Court upheld the Arbitrator's refusal of interim reliefs, holding that the Term Sheet was not a binding contract and the deadline was not validly extended in writing, limiting court interference under Section 37(2)(b) of the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 17 interim relief Section 37(2)(b) appeal Term Sheet interpretation

Vijay Nanikram Bhatia & Ors. v. State of Maharashtra & Ors.

19 Dec 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court upheld the State Government's sanction of Ulhasnagar's revised Development Plan, holding that judicial review is limited to procedural compliance under the MRTP Act and dismissing challenges to the plan's validity.

administrative petition_dismissed Significant Development Plan Maharashtra Regional and Town Planning Act, 1966 Section 31 MRTP Act judicial review