High Court of Bombay

5,131 judgments

Year:

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

Dadaso Balaso Awad & Ors. v. State of Maharashtra & Ors.

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

The Bombay High Court upheld the validity of prescribed qualifications for Sports Coach recruitment, ruling that courts should not interfere with expert authorities' decisions on eligibility criteria absent malafide or procedural irregularity.

administrative petition_dismissed Significant judicial review Article 226 qualification for recruitment sports coach

Meru Heights Co-operative Housing Society Limited v. The State of Maharashtra

05 Dec 2023 · Sandeep V. Marne

The Bombay High Court upheld the registration of a cooperative housing society formed by majority apartment owners after removal of the property from the Apartment Ownership Act, ruling that de-registration on grounds of misrepresentation and non-issuance of notice to the developer was unjustified.

property appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Maharashtra Apartment Ownership Act, 1970 Section 21A de-registration Section 9(1) registration

Rahibai Laxman Lokhande v. State of Maharashtra

05 Dec 2023 · Madhav J. Jamdar

The Bombay High Court dismissed the writ petition challenging an appellate order under the Maharashtra Land Revenue Code, holding that a further appeal under Section 247 is available and the writ petition is not maintainable.

administrative petition_dismissed Maharashtra Land Revenue Code, 1966 Section 247 Appeal Alternate remedy

The General Manager, Mutha Founders Pvt Ltd v. Balu Appa Kurane & Ors.

05 Dec 2023 · Milind N. Jadhav

The court upheld that an employer must provide suitable light work to an employee disabled during employment and cannot deduct wages without inquiry, ruling refusal as unfair labour practice.

labor appeal_dismissed Significant unfair labour practice light work occupational disability Payment of Wages Act, 1936

Kale Logistics Solutions Pvt. Ltd. v. Union of India

05 Dec 2023 · M. S. Sonak; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court, following the Supreme Court's review ruling, held that DRI officers are proper officers empowered to issue show cause notices under Section 28 of the Customs Act and granted the petitioner time to file an appeal without limitation objections.

administrative appeal_allowed Significant Directorate of Revenue Intelligence proper officer show cause notice Section 28 Customs Act

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