High Court of Bombay

5,061 judgments

Year:

The State of Maharashtra v. Sanghavi Movers Ltd.

04 Dec 2023 · K. R. Shriram; Dr. Neela Gokhale
Cites 4 · Cited by 0

The Bombay High Court upheld that hiring cranes without transfer of effective control or possession does not constitute a 'sale' under the Maharashtra VAT Act, dismissing the State's appeal for VAT liability.

tax appeal_dismissed Significant Maharashtra Value Added Tax Act, 2002 Section 2(24) transfer of right to use deemed sale

T.V. Patel Pvt. Ltd. v. The Dy. Commissioner of Income Tax

04 Dec 2023 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court held that lease rent disputed in pending civil suits does not accrue as income for tax purposes until the dispute is finally adjudicated.

tax appeal_allowed Significant Income accrual Income Tax Act, 1961 Section 5 Section 148

Drishti Adventures Sports Private Ltd. v. State of Maharashtra

04 Dec 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed the petitioners' claim for refund of entertainment duty paid on water sports activities, holding that discrimination under Article 14 cannot be claimed based on illegal exemptions granted to others and that the statutory levy clearly covers such activities.

tax petition_dismissed Significant Article 14 Bombay Entertainment Duty Act, 1923 entertainment duty water sports activity

Dr. Sublendu Prakash Diwakar v. State of Maharashtra

04 Dec 2023 · Bharati Dangre

The Bombay High Court held that an accused is entitled to seek production of documents tendered during investigation but withheld from the charge-sheet under Section 91 CrPC to ensure a fair trial, and remanded the matter for compliance.

criminal appeal_allowed Significant Section 91 CrPC fair trial disclosure of documents exculpatory evidence

Serum Institute of India Private Limited v. Union of India

04 Dec 2023 · K. R. Shriram; Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court upheld the constitutional validity of the amendment including government subsidies as taxable income under Section 2(24)(xviii) of the Income Tax Act, rejecting the petitioner’s challenge that it unlawfully taxes capital receipts.

tax petition_dismissed Significant Income Tax Act, 1961 Section 2(24)(xviii) Capital subsidy Revenue subsidy

Solapur Mahanagarpalika v. Yogesh Nagnath Mane & Ors.

04 Dec 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's order directing the municipal corporation to regularize 14 long-serving malaria field workers, holding denial of permanency constituted unfair labor practice.

labor appeal_dismissed Significant unfair labor practices permanency regularization continuous service

Vitthal Rajaram Shitole v. State of Maharashtra & Ors.

01 Dec 2023 · G.S. Patel; Kamal Khata

The Bombay High Court upheld the validity of votes cast by members whose caste validity certificate applications were pending under the Extension Act, dismissing the petition challenging the No Confidence Motion against the petitioner Sarpanch.

administrative petition_dismissed Significant No Confidence Motion Maharashtra Village Panchayats Act, 1959 Section 10-1A Validity Certificate

Atyati Technologies Private Limited v. Cognizant Technology Solutions U.S. Corporation & 2. Cognizant Technology Solutions India Private Limited

01 Dec 2023 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court allowed the appeal restoring the ex-parte ad-interim injunction, holding that alleged suppression of material facts relating only to the necessity of dispensing with notice did not warrant discontinuation without a final hearing.

civil appeal_allowed Significant ex-parte injunction Order XXXIX Rule 3 CPC Order XXXIX Rule 4 CPC suppression of material facts

Madgavkar Salvage v. Bergen Offshore Logistics Pte. Ltd.

30 Nov 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the appeal challenging the arbitral award that rejected the appellant's claim for idle time charges under a salvage contract, affirming the limited scope of appellate review under the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Section 55 Indian Contract Act

Machindra Ganpat Gate v. The State of Maharashtra

30 Nov 2023 · A.S. Chandurkar; Firdosh P. Pooniwalla
Cites 0 · Cited by 2

The Bombay High Court upheld the termination of a Law Officer's engagement for filing a bail cancellation application without prior approval, ruling the decision was neither arbitrary nor illegal.

administrative petition_dismissed Assistant Public Prosecutor Rule 30(5) Rules of 1984 termination of engagement Law Officer removal

Ajay Mahasukhlal Shah v. Chandrakant Babulal Shah

29 Nov 2023 · Anuja Prabhudessai

The Bombay High Court upheld eviction of tenants on the ground of landlord's bonafide and reasonable requirement under Maharashtra Rent Control Act, affirming limited scope of revision against concurrent factual findings.

civil appeal_dismissed Significant bonafide requirement reasonable requirement eviction Maharashtra Rent Control Act, 1999

Ratnamala Mohan Aklujkar v. Smt. Sushila Nirmalkumar Rungta

29 Nov 2023 · Rajesh S. Patil
Cites 2 · Cited by 0

The Bombay High Court held that sale of suit premises during an eviction suit does not extinguish the cause of action or warrant dismissal, allowing the suit to continue despite change in ownership under Order XXII, Rule 10 CPC.

civil petition_dismissed Significant Order XXII Rule 10 CPC Eviction Suit Maharashtra Rent Control Act Change of ownership

Anuraag Agarwal v. Poonam Agarwal

29 Nov 2023 · ARUN R. PEDNEKER
Cites 1 · Cited by 0

The High Court dismissed the husband's application to transfer Domestic Violence proceedings from Magistrate Court to Family Court, emphasizing the need for expeditious disposal of summary D.V. cases and protecting the wife's statutory right to choose the forum.

family petition_dismissed Significant Domestic Violence Act, 2005 Section 12 D.V. Act Section 24 CPC transfer of proceedings

Shonali Kedar Dighe v. Ashita Tham & Ors.

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court dismissed the petition for probate of a Will dated 20.06.2003, holding it to be suspicious and not duly executed, thereby rejecting the Will as sham and bogus.

civil appeal_dismissed Significant Testamentary Suit Will execution Probate Sound mind

Bharat Petroleum Corporation Ltd. v. Gulab Genu Gadankush & Ors.

28 Nov 2023 · Milind N. Jadhav
Cites 0 · Cited by 4

The Bombay High Court upheld that while the departmental enquiry was fair, the findings of guilt were perverse due to insufficient evidence, dismissing the employer's challenge and affirming the industrial tribunal's award.

labor appeal_dismissed Significant departmental enquiry perverse findings principles of natural justice preponderance of probabilities

Yamuna Gopinath Nadekar v. General Manager

28 Nov 2023 · MILIND N. JADHAV

The Bombay High Court held that reinstatement with full back wages includes all consequential benefits such as increments, bonus, and leave wages unless specifically excluded, and directed the respondent to pay the petitioner the full amount due with interest.

labor appeal_allowed Significant reinstatement back wages consequential benefits industrial disputes

Emerson Climate Technologies (India) Private Limited v. Shirish Ramchandra Pawar

28 Nov 2023 · MILIND N. JADHAV

The High Court upheld the Labour Court's finding that while the departmental enquiry was legal and proper, the Enquiry Officer's findings were perverse and set aside the termination of a workman accused of theft.

labor petition_dismissed Significant domestic enquiry perverse findings termination of service industrial dispute

Audumber Chaya CHS Ltd. v. Shanti Co-operative Housing Society Ltd.

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court quashed an ex-parte deemed conveyance order granted without proper notice and hearing, directing a fresh adjudication ensuring all parties are heard in a cooperative housing society land dispute.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership Flats Act, 1963 natural justice notice and hearing

Shree Raj Shrushti Residency Private Ltd. v. Shri Romesh Sharma & Ors.

28 Nov 2023 · Abhay Ahuja J. · 2023:BHC-AS:35580

The High Court upheld the appellate order setting aside the striking off of defense for breach of status-quo but restrained the respondents from acting under the disputed Power of Attorney pending trial.

civil appeal_dismissed Significant status-quo order Power of Attorney Order 39 Rule 11 CPC striking off defense

Maharashtra State Electricity Distribution Company Limited v. M/s. Viraj Profile Ltd.

28 Nov 2023 · Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court held that CGRF has jurisdiction to adjudicate individual consumer billing grievances relating to Open Access capacity and contract demand revisions, dismissing MSEDCL's writ petition challenging CGRF's order.

administrative petition_dismissed Significant Consumer Grievance Redressal Forum Maharashtra Electricity Regulatory Commission Open Access capacity Contract Demand