High Court of Bombay

5,131 judgments

Year:

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

Janta Housing Private Limited v. State of Maharashtra & Ors.

19 Dec 2023 · Madhav J. Jamdar

The Bombay High Court quashed a unilateral Deemed Conveyance order for violating natural justice and remanded the matter for fresh hearing including all affected parties.

property appeal_allowed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 principles of natural justice Competent Authority

Arti Rajesh Karangutkar v. Anna Rocky Fernandes

19 Dec 2023 · Prithviraj K. Chavan

The Bombay High Court allowed the appeal, set aside the acquittal, and convicted the respondent under Section 138 of the Negotiable Instruments Act for dishonour of cheque issued in discharge of a legally enforceable debt, clarifying the inapplicability of Section 269-SS of the Income Tax Act to the lender.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Dishonour of cheque Statutory presumption Section 269-SS Income Tax Act

Gautam P. Navlakha v. National Investigating Agency & State of Maharashtra

19 Dec 2023 · A. S. Gadkari; Shivkumar Dige
Cites 2 · Cited by 0

The Bombay High Court granted bail to Gautam Navlakha in a UAP Act case, holding that mere membership of a banned organization without prima facie involvement in terrorist acts and prolonged pre-trial detention justify bail.

criminal appeal_allowed Significant bail Unlawful Activities (Prevention) Act, 1967 Section 43-D(5) UAP Act prima facie

Petit Mansion C-Wing Cooperative Housing Society Limited v. The State of Maharashtra

19 Dec 2023 · Amit Borkar

The Bombay High Court held that Section 154B-27 of the Maharashtra Cooperative Societies Act is an enforcement provision and does not empower the Registrar to adjudicate ownership or membership disputes, quashing the impugned orders passed under this section.

administrative petition_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 154B-27 Registrar jurisdiction Enforcement vs adjudication

Harshada Sawant v. Manager of the Jawhar Urban Co.Op. Bank Ltd.

18 Dec 2023 · Milind N. Jadhav

The Bombay High Court allowed the writ petition and upheld the Labour Court’s order condoning delay in filing a labour complaint, holding that bona fide belief and pursuit of remedy in a wrong forum justify condonation under labour laws.

labor petition_allowed Significant condonation of delay MRTU and PULP Act labour court jurisdiction definition of employee

The New India Assurance Co. Ltd. v. Lalbahadur Z. Gupta

18 Dec 2023 · Shivkumar Dige

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.

civil appeal_dismissed Significant FIR registration Section 154 CrPC motor accident claim negligence

Gemini Developers v. State of Maharashtra

15 Dec 2023 · Milind N. Jadhav

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.

administrative appeal_allowed Significant Slum Rehabilitation Authority SRA office order 23.03.2015 Change of developer Partnership firm

Rajinder Kaur Jaspal Singh Layal v. The Union of India & Ors.

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

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.

constitutional appeal_allowed Significant passport renewal fundamental right to travel Article 21 Passports Act 1967

Bank of India v. M/s. Maruti Civil Works

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

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.

civil appeal_dismissed Significant Commercial Courts Act, 2015 Order VII Rule 10 CPC Order VII Rule 11(d) CPC Order XLIII CPC

Madhu Deepak Gogri & Ors. v. The State of Maharashtra & Ors.

15 Dec 2023 · Revati Mohite Dere; Gauri Godse

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.

criminal appeal_allowed Significant MPID Act Section 8 attachment leave and licence agreement possession

Prashant Gopalrao Chandane v. The State of Maharashtra

15 Dec 2023 · S. M. Modak

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.

criminal appeal_allowed Significant Section 344 CrPC false evidence willful falsehood Prevention of Corruption Act

M/s. Impex (India) Limited v. Mr. Dinashah Jal Daruwala and Ors.

15 Dec 2023 · Sandeep V. Marne
Cites 4 · Cited by 0

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.

civil petition_dismissed Significant Bombay Rent Act Section 13(1)(a) Section 13(1)(b) Section 13(1)(c)

M/s Ajay Industrial Corporation Ltd. v. Deputy Commissioner of Customs

15 Dec 2023 · M.S. Sonak; Jitendra Jain · 2024:BHC-AS:40844-DB

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.

administrative petition_allowed Significant Customs Act 1962 Section 27A interest on delayed refund Special Additional Duty