High Court of Bombay

5,131 judgments

Year:

Swastik Enterprises v. Marianella Properties Pvt. Ltd.

13 Dec 2023 · Abhay Ahuja

The Bombay High Court condoned a 282-day delay in filing Vakalatnama in a summary suit due to the Defendant's serious medical condition, allowing the Defendant to appear and defend subject to costs.

civil appeal_allowed Significant Order XXXVII CPC summary suit condonation of delay Vakalatnama

M/s Railsys Engineers Private Ltd. v. Overseas Infrastructure Alliance Pvt. Ltd.

13 Dec 2023 · Abhay Ahuja

The Bombay High Court held that a valid arbitration agreement mandates referral of disputes to arbitration, dismissing a summary suit despite an acknowledgment of debt in a subsequent communication.

civil appeal_allowed Significant arbitration agreement Section 8 Arbitration and Conciliation Act summary suit acknowledgment of debt

Nagesh Madhava Suvarna v. State of Maharashtra

13 Dec 2023 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that the moratorium under Section 14 of the IBC applies only if the corporate debtor is in actual physical possession, allowing the society to appoint a new developer for rebuilding Govinda Tower after AA Estate's abandonment.

civil appeal_allowed Significant Insolvency and Bankruptcy Code Section 14 moratorium possession development agreement

Smt. Sampada Vilas Mahargude v. State of Maharashtra

13 Dec 2023 · Madhav J. Jamdar

The Bombay High Court upheld the validity of a no-confidence motion against a Sarpanch, ruling that mandatory statutory procedures were complied with despite alleged procedural defects, and dismissed the writ petition challenging the motion.

administrative petition_dismissed Significant motion of no confidence Maharashtra Village Panchayats Act, 1959 service of notice procedural requirements

Global Health Care Products v. Krantikari Kamgar Union

13 Dec 2023 · N. J. Jamadar

The Bombay High Court held that closure without statutory permission is illegal, entitling named retrenched workmen to reinstatement and benefits, but the Industrial Tribunal cannot grant relief beyond the parties named in the industrial dispute reference.

labor appeal_allowed Significant Industrial Disputes Act, 1947 illegal closure prior permission section 25-O

The Special Director, Directorate of Enforcement v. Jaipur IPL Cricket Pvt. Ltd.

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

The Bombay High Court upheld the Tribunal's reduction of FEMA penalties on IPL franchise promoters, emphasizing the necessity of mens rea and proportionality in penalty imposition under FEMA.

administrative appeal_dismissed Significant FEMA penalty doctrine of proportionality mens rea foreign direct investment

Neo Builder and Developers v. Maharashtra Housing and Area Development Authority

13 Dec 2023 · Sandeep V. Marne

The Bombay High Court partly allowed the developers' appeal, restricting their liability to pay transit rent until issuance of Occupancy Certificate and directing tenants to accept offered alternate accommodation, while modifying the injunction on alienation of flats.

civil appeal_allowed Significant Permanent Alternate Accommodation Agreement transit rent redevelopment fungible FSI

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