High Court of Bombay

5,061 judgments

Year:

Naresh Goyal v. Directorate of Enforcement

07 Nov 2023 · Revati Mohite Dere; Gauri Godse
Cites 2 · Cited by 0

The Bombay High Court dismissed the writ of habeas corpus petition challenging the petitioner’s arrest and detention under PMLA, holding that judicial custody pursuant to valid remand orders precludes maintainability of habeas corpus.

criminal petition_dismissed Significant writ of habeas corpus judicial custody remand orders Prevention of Money Laundering Act

Dattaprasad Narayan Kulkarni v. M/s. Auchtel Products Ltd.

07 Nov 2023 · Milind N. Jadhav

The High Court upheld the lawful termination of an employee for chronic unauthorized absence, rejecting claims of unfair labour practice and entitlement to back wages where the employee admitted alternate gainful employment.

labor petition_dismissed Significant unfair labour practice chronic absenteeism termination of employment principles of natural justice

The Deputy Conservator of Forest, Nashik Van Vibhag (E), Nasik v. Nasik Zilla Van Shramik Sangh

06 Nov 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's order granting permanency and benefits to forest workers engaged on daily wages for continuous service, declaring denial of such permanency as unfair labour practice.

labor appeal_dismissed Significant unfair labour practice permanency daily wage workers forest department

Ashok Dayabhai Shah & Ors. v. Securities and Exchange Board of India & Ors.

06 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court upheld minority shareholders' right to regulatory documents despite confidentiality claims, rejected restoration of a disposed writ petition amid settlement revocation, and emphasized fair conduct in litigation and compliance with statutory norms for buyback offers.

administrative appeal_dismissed Significant minority shareholders SEBI settlement order disclosure of documents Regulation 29 SEBI Settlement Regulations

Adhikshan Krushikhate, Maharashtra Rajya v. Vilas Hariba Kharade

04 Nov 2023 · Milind N. Jadhav

The Bombay High Court upheld the Industrial Court's order directing the State to grant permanency benefits to long-term temporary agricultural workers, holding their continued casual employment with intent to deny permanency as unfair labour practice under applicable labour laws.

labor appeal_dismissed Significant permanency benefits temporary workers unfair labour practice industry definition

Satish Panchariya v. The State of Maharashtra

04 Nov 2023 · A. S. Gadkari; Shyam C. Chandak

The High Court quashed a Magistrate's mechanically passed order directing investigation under Section 156(3) Cr.P.C. due to lack of authorization and non-application of mind, holding the complaint an abuse of process.

criminal appeal_allowed Significant Section 156(3) Cr.P.C. quashing of complaint authorization to file complaint abuse of process

Geeta S Rijhwani Nee Shobha C. Khanchandani v. Narendra C. Khanchandani

03 Nov 2023 · Sandeep V. Marne

The Bombay High Court upheld a temporary injunction protecting Plaintiffs' possession of a flat purchased in Defendant's name under an oral family arrangement, dismissing Defendant's appeal challenging the injunction.

civil appeal_dismissed Significant temporary injunction oral agreement specific performance possession

Dr. S.D. Nikam v. Gokhale Education Society Educational Trust

03 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that suspension of a university teacher on grounds of alleged moral turpitude arising from a motor vehicle accident was illegal, quashing the suspension and ordering reinstatement with back wages.

administrative appeal_allowed Significant moral turpitude suspension university statutes motor vehicle accident

M/s. Suraj Enterprises v. Nashik Municipal Corporation

03 Nov 2023 · Devendra Kumar Upadhyaya; Arif S. Doctor

The High Court quashed the municipal corporation's decision declaring a bidder technically qualified due to unfair and arbitrary tender evaluation, directing fresh tendering while upholding limited judicial review in public procurement.

administrative appeal_allowed Significant judicial review tender evaluation technical qualification arbitrariness

Smt. Ujwala Rajiv Dalvi v. The State of Maharashtra

03 Nov 2023 · Sandeep V. Marne

The Bombay High Court upheld the refusal to condone a 23 to 44-year delay in filing tenancy appeals challenging fixation of purchase price under Section 32G of the Maharashtra Tenancy Act, emphasizing finality of orders and rejecting claims of ignorance and fraud.

civil petition_dismissed Significant condonation of delay tenancy appeal Section 32G Maharashtra Tenancy Act mutation entries

Esquire Electronics v. State of Maharashtra & Ors.

02 Nov 2023 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that the CBIC notification extending limitation for filing tax appeals applies to orders passed after the cut-off date, allowing restoration of time-barred appeals subject to compliance with payment conditions.

tax appeal_allowed Significant limitation period CBIC notification appeal maintainability extended limitation

Shri Dattatraya Krishnat Patil v. The Additional Divisional Commissioner

01 Nov 2023 · Madhav J. Jamdar

The High Court restored the Collector's order disqualifying a Panchayat member for encroachment on Government land, quashing the appellate remand order as legally unsustainable.

administrative appeal_allowed Significant disqualification encroachment Maharashtra Village Panchayats Act Section 14(1)(j-3)

Surendrakumar Bhagat v. The State of Maharashtra

01 Nov 2023 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court dismissed the application to quash an FIR alleging cheating and criminal conspiracy in a commercial onion trading dispute, holding that a prima facie criminal case exists warranting trial.

criminal appeal_dismissed Significant Section 482 Cr.P.C. quashing of FIR prima facie case civil dispute vs criminal offence

Kavis Fashions Private Limited v. Rupani Spinning Mills Private Limited

01 Nov 2023 · Sandeep V. Marne · 2023:BHC-AS:33174

The High Court allowed the appeal modifying the Trial Court's order on interim deposit of license fees and compensation under Order XV-A, leaving jurisdiction and final quantum of damages to be decided by the Trial Court.

civil appeal_allowed Significant Leave and License Agreement Order XV-A Code of Civil Procedure Maharashtra Rent Control Act Section 24 Section 74 Indian Contract Act

Sheth Developers Pvt Ltd v Municipal Corporation of City of Thane & Ors

01 Nov 2023 · G. S. Patel; Kamal Khata
Cites 2 · Cited by 0

The Bombay High Court held that the Thane Municipal Corporation cannot arbitrarily keep its Buy-Back Policy in abeyance after receiving benefits under it and must process the petitioners' applications in accordance with law, applying doctrines of promissory estoppel, legitimate expectation, and principles of non-arbitrariness under Article 14.

administrative appeal_allowed Significant Buy-Back Policy Accommodation Reservation Policy promissory estoppel legitimate expectation

Bharat Nagu Garud v. State of Maharashtra & Ors.

01 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that the Caste Scrutiny Committee lacks jurisdiction to suo motu review or recall its past orders granting caste validity certificates, which can only be challenged before the High Court under Article 226.

constitutional appeal_allowed Significant Caste Scrutiny Committee Scheduled Tribes Caste Validity Certificate Suo Motu Review

Babarjit Singh Hari Singh v. Manorama Vishwanath Surve & Ors.

01 Nov 2023 · Sandeep V. Marne

The Bombay High Court upheld eviction of tenant on ground of unlawful subletting where tenant ceased residing in premises and allowed non-family members exclusive possession, affirming termination under Maharashtra Rent Control Act, 1999.

civil petition_dismissed Significant Maharashtra Rent Control Act, 1999 subletting tenancy rights family member

A2Z Infraservices Ltd. v. Regional Labour Commissioner (Central) & Ors.

31 Oct 2023 · Milind N. Jadhav

The Bombay High Court held that the principal employer (Railway) is liable to reimburse the contractor for differential minimum wages and related compensation under the Minimum Wages Act, setting aside orders imposing penalty on the contractor and directing release of withheld dues.

labor appeal_allowed Significant Minimum Wages Act, 1948 Price Variation Clause business efficacy test principal employer liability

Shri A. P. D. Jain Pathshala v. Pradip Hanmantrao Ulagadde

31 Oct 2023 · Sandeep V. Marne

The Bombay High Court set aside the order for fresh enquiry against a dismissed teacher due to procedural lapses but awarded lump sum compensation in lieu of reinstatement to end protracted litigation.

labor other Significant disciplinary enquiry Maharashtra Employees of Private Schools Rules subsistence allowance termination of service

Amar S. Mulchandani v. The State of Maharashtra

31 Oct 2023 · N.J. Jamadar · 2023:BHC-AS:33240
Cites 1 · Cited by 0

The Bombay High Court held that a person already in custody in one case is not barred from seeking anticipatory bail under Section 438 CrPC in another distinct case where arrest is apprehended.

criminal appeal_allowed Significant anticipatory bail Section 438 CrPC maintainability person in custody