High Court of Bombay

4,240 judgments

Year:

Indubai D. Kothawale and Ors. v. Laxman Balwant Chougule and Ors.

12 Dec 2023 · Sandeep V. Marne

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.

civil appeal_dismissed Significant Order 21 Rule 97 CPC obstruction application possession executing court

Smt. Shaila Madhukar Gore & Ors. v. Union of India & Ors.

12 Dec 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J
Cites 2 · Cited by 0

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.

constitutional petition_dismissed Significant ancient monument historical monument heritage site Ancient Monuments and Archaeological Sites and Remains Act, 1958

Reliance General Insurance Com. Ltd. v. Baban Dattatray Nimbalkar

12 Dec 2023 · Shivkumar Dige

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.

civil appeal_dismissed Significant third party Motor Vehicles Act public place negligence

Hitachi Astemo Fie Pvt. Ltd. v. Nirajkumar Prabhakarrao Kadu

12 Dec 2023 · Milind N. Jadhav

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.

labor appeal_allowed Significant misconduct domestic enquiry Model Standing Orders freedom of speech and expression

Vijay Ramdas Kokate v. The District Collector Solapur

12 Dec 2023 · Madhav J. Jamdar

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.

administrative appeal_dismissed Significant motion of no confidence Maharashtra Village Panchayats Act, 1959 Section 35 two-year bar

R. K. Life Space Developers Pvt. Ltd v. State of Maharashtra

12 Dec 2023 · M. S. Sonak; Advait M. Sethna

The High Court held that a one-day delay in filing a reply to a show-cause notice does not justify rejection without consideration, quashed the impugned order, and remanded the matter for fresh adjudication after affording an opportunity of hearing.

administrative appeal_allowed Significant natural justice show-cause notice delay in filing reply principles of natural justice

Rajendra Shivkumar Pawar v. Sanjay Bhau Dalvi

11 Dec 2023 · Madhav J. Jamdar

The Bombay High Court held that the Sub-Divisional Officer is empowered to hear appeals under Section 74 of the Maharashtra Tenancy Act, dismissing the petition challenging his jurisdiction.

administrative petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act Section 74 Sub-Divisional Officer jurisdiction Collector definition

Vishal Prabhakar Parab v. The State of Maharashtra

11 Dec 2023 · Madhav J. Jamdar

The Bombay High Court set aside orders refusing an arms licence for failure to properly apply Section 14 of the Arms Act and remanded the matter for fresh consideration.

administrative appeal_allowed Significant Arms Act, 1959 Section 14 Arms Act arms licence refusal public peace

Pralhad Chavatrao Lawand v. Parvati Mahila Gramin Bigar Sheti Sahakari Pathsanstha Maryadit

11 Dec 2023 · Madhav J. Jamdar

The Bombay High Court upheld the trial court's rejection of belated application to lead additional evidence, emphasizing the need for due diligence and bona fide intent under Section 151 CPC.

civil appeal_dismissed Significant additional evidence Section 151 CPC due diligence Order 18 Rule 17-A CPC

The Executive Engineer & Anr v. Sunil Shankarrao Sanagar & Ors.

11 Dec 2023 · MILIND N. JADHAV

The High Court upheld the Industrial Court's finding of unfair labour practice by the State and directed regularization of seasonal temporary workers on converted regular temporary establishment under the Kalelkar Award, dismissing the State's writ petition.

labor appeal_dismissed Significant unfair labour practice temporary seasonal employment Kalelkar Settlement Award converted regular temporary establishment

Tata Capital Ltd. v. Umeshkumar Hanumandas Goyal

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

The Bombay High Court quashed an FIR alleging theft against a financier who lawfully repossessed hypothecated equipment after due notice, holding such repossession does not constitute theft under IPC.

criminal petition_allowed Significant repossession hypothecation loan agreement Section 379 IPC

National Insurance Co. Ltd. v. Lauretta Shashi Mogale

08 Dec 2023 · Shivkumar Dige

The Bombay High Court partly allowed the insurer's appeal by adjusting salary components but enhanced the claimants' compensation including future prospects and consortium, rejecting intoxication and contributory negligence claims.

civil appeal_partly_allowed_cross_objection_partly_allowed Significant motor accident compensation arrears of salary future prospects contributory negligence

Shri Manmoorat R. Pandey v. Commissioner of Police, Thane

07 Dec 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed a preventive detention order due to non-supply of legible documents, holding it violated the detenu's right under Article 22(5) to make an effective representation.

criminal petition_allowed Significant preventive detention Article 22(5) Constitution of India non-communication of grounds legible documents

Vertiv Energy Pvt. Ltd. v. The Union of India & Ors.

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

The Bombay High Court dismissed the writ petition challenging a CGST show cause notice, holding that a departmental audit by CAG does not equate to an audit of a private company and that the notice was validly issued with proper jurisdiction and procedure.

administrative petition_dismissed Significant CAG jurisdiction Central Goods and Services Tax Act, 2017 show cause notice audit by CERA

Sadanand Gangaram Kadam v. Directorate of Enforcement

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

The Bombay High Court allowed bail to the accused in a PMLA case, holding that proper grounds of arrest were not furnished and that prosecution under PMLA requires an existing scheduled offence with proceeds of crime.

criminal appeal_allowed Significant Prevention of Money-Laundering Act, 2002 Section 3 PMLA Scheduled offence Proceeds of crime

Anantrao Shankarrao Jagtap v. Prakash Nivruthi Tajanpure

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

The High Court quashed the Magistrate's order directing investigation under Section 156(3) Cr.P.C. due to lack of prior FIR, unexplained delay, and absence of verifiable material, emphasizing the need for judicial discretion and procedural compliance.

criminal appeal_allowed Significant Section 156(3) Cr.P.C. Section 154 Cr.P.C. Magistrate's discretion Investigation order

Richard Alexander Geary v. State of Maharashtra

06 Dec 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court dismissed the father's petition for custody and repatriation of the child to Singapore, holding the child's welfare lies in India with the mother due to safety concerns and lack of habitual residence in Singapore.

family petition_dismissed Significant child custody welfare of the child habitual residence habeas corpus

Ramchandra Tukaram Mohite v. The State of Maharashtra

06 Dec 2023 · G. S. Patel; Kamal Khata

The Bombay High Court upheld the State Government's discretionary decision to reject a proposed modification to a Development Plan and retain the original land reservation, emphasizing limited judicial interference in town planning matters.

administrative petition_dismissed Significant Development Plan Maharashtra Regional Town Planning Act, 1966 Sanctioning authority discretion Public participation

Pimpri-Chinchwad Mahanagarpalika & Anr. v. National Workers Federation & Anr.

06 Dec 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's finding that transferring workers' services to a contractor without consent constituted unfair labour practice, dismissing the petitioners' challenge.

labor appeal_dismissed Significant unfair labour practice employer-employee relationship transfer of services Industrial Disputes Act, 1947

Raj Kantilal Shah v. M/s Sanskar Gem Pvt. Ltd.

05 Dec 2023 · Abhay Ahuja

The Bombay High Court held that a debtor commits an act of insolvency upon failing to comply with an insolvency notice within the specified period, and an insolvency petition filed thereafter within three months is valid even if an application to set aside the notice is filed belatedly and dismissed.

civil petition_allowed Significant Insolvency notice Act of insolvency Section 9(2) Presidency Towns Insolvency Act Section 12(1)(c) Insolvency Act