High Court of Bombay

5,131 judgments

Year:

Rohit Dembiwal v. Tata Consultancy Services Ltd. & Ors.

02 Jan 2024 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court upheld the dismissal of a writ petition challenging the classification of an IT Analyst as a supervisory employee, ruling he was not a 'workman' under labor laws and affirming the lawful termination by the employer.

labor petition_dismissed Significant workman definition Industrial Disputes Act 1947 MRTU and PULP Act supervisory role

Khalil Abbas Fakir v. Tabbasum Khalil Fakir @ Tabbasum Gulam Husain Ghare & Anr.

02 Jan 2024 · Rajesh S. Patil

The Bombay High Court held that a divorced Muslim wife's entitlement to reasonable and fair maintenance under Section 3(1)(a) of the MWPA Act is not extinguished by remarriage and upheld the lump sum maintenance awarded against the husband.

family appeal_dismissed Significant Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3(1)(a) maintenance reasonable and fair provision

Signpost India Private Limited v. Brihan Mumbai Electric Supply and Transport Undertaking

02 Jan 2024 · Sandeep V. Marne

The Bombay High Court dismissed the petition challenging the arbitral award that rejected the petitioner's rebate claims and upheld the respondent's counterclaims for interest, RTO fees, and defacement charges, affirming the tribunal's contract interpretation and award.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Rebate for damaged buses Contract interpretation

Bank of Baroda v. Anil D. Ambani & Ors.

02 Jan 2024 · Shree Chandrashekhar, CJ; Gautam A. Ankhad, J.
Cites 2 · Cited by 0

The Bombay High Court upheld an interim injunction restraining banks from acting on an invalid forensic audit report prepared by unqualified auditors, emphasizing strict compliance with RBI Master Directions and statutory auditor qualifications.

civil appeal_dismissed Significant Forensic Audit Report RBI Master Directions Companies Act 2013 Chartered Accountant qualification

Priyanka Abhijeet Deodhare v. State of Maharashtra

01 Jan 2024 · Sandeep V. Marne

Failure to furnish a copy of the requisition for a no-confidence motion to the Sarpanch under Rule 2(2) of the Maharashtra No Confidence Motion Rules does not invalidate a validly adopted motion passed by the requisite majority.

administrative petition_dismissed Significant no-confidence motion Maharashtra Village Panchayats Act, 1959 Rule 2(2) No Confidence Motion Rules 1975 mandatory vs directory provisions

M/s Sky One Corporate Park LLP & Ors. v. Shobha Rasiklal Dhariwal & Anr.

31 Dec 2023 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that execution proceedings under a Consent Decree are not arbitrable and dismissed the petition challenging the rejection of a belated Section 8 application seeking reference to arbitration.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 8 application Execution proceedings Consent Decree

Tata Communications Limited v. Union of India & Ors.

23 Dec 2023 · Sandeep V. Marne

The Bombay High Court held that recognition by the employer is not required for a registered trade union's office bearers to be conferred 'protected workmen' status under Section 33 of the Industrial Disputes Act, dismissing Tata Communications Limited's challenge to the Regional Labour Commissioner's order.

labor appeal_dismissed Significant protected workmen Industrial Disputes Act, 1947 Section 33 Rule 61

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

The Bombay High Court upheld a preventive detention order under the MPDA Act based on in-camera statements and contemporaneous incidents, rejecting challenges of delay, illegible documents, and absence of public order threat.

criminal petition_dismissed Significant preventive detention MPDA Act in-camera statements public order

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