High Court of Bombay

4,240 judgments

Year:

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

Madgavkar Salvage v. Bergen Offshore Logistics Pte. Ltd.

30 Nov 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the appeal challenging the arbitral award that rejected the appellant's claim for idle time charges under a salvage contract, affirming the limited scope of appellate review under the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Section 55 Indian Contract Act

Machindra Ganpat Gate v. The State of Maharashtra

30 Nov 2023 · A.S. Chandurkar; Firdosh P. Pooniwalla

The Bombay High Court upheld the termination of a Law Officer's engagement for filing a bail cancellation application without prior approval, ruling the decision was neither arbitrary nor illegal.

administrative petition_dismissed Assistant Public Prosecutor Rule 30(5) Rules of 1984 termination of engagement Law Officer removal

Ajay Mahasukhlal Shah v. Chandrakant Babulal Shah

29 Nov 2023 · Anuja Prabhudessai

The Bombay High Court upheld eviction of tenants on the ground of landlord's bonafide and reasonable requirement under Maharashtra Rent Control Act, affirming limited scope of revision against concurrent factual findings.

civil appeal_dismissed Significant bonafide requirement reasonable requirement eviction Maharashtra Rent Control Act, 1999

Ratnamala Mohan Aklujkar v. Smt. Sushila Nirmalkumar Rungta

29 Nov 2023 · Rajesh S. Patil
Cites 2 · Cited by 0

The Bombay High Court held that sale of suit premises during an eviction suit does not extinguish the cause of action or warrant dismissal, allowing the suit to continue despite change in ownership under Order XXII, Rule 10 CPC.

civil petition_dismissed Significant Order XXII Rule 10 CPC Eviction Suit Maharashtra Rent Control Act Change of ownership

Anuraag Agarwal v. Poonam Agarwal

29 Nov 2023 · ARUN R. PEDNEKER
Cites 1 · Cited by 0

The High Court dismissed the husband's application to transfer Domestic Violence proceedings from Magistrate Court to Family Court, emphasizing the need for expeditious disposal of summary D.V. cases and protecting the wife's statutory right to choose the forum.

family petition_dismissed Significant Domestic Violence Act, 2005 Section 12 D.V. Act Section 24 CPC transfer of proceedings

Shonali Kedar Dighe v. Ashita Tham & Ors.

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court dismissed the petition for probate of a Will dated 20.06.2003, holding it to be suspicious and not duly executed, thereby rejecting the Will as sham and bogus.

civil appeal_dismissed Significant Testamentary Suit Will execution Probate Sound mind

Bharat Petroleum Corporation Ltd. v. Gulab Genu Gadankush & Ors.

28 Nov 2023 · Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court upheld that while the departmental enquiry was fair, the findings of guilt were perverse due to insufficient evidence, dismissing the employer's challenge and affirming the industrial tribunal's award.

labor appeal_dismissed Significant departmental enquiry perverse findings principles of natural justice preponderance of probabilities