High Court of Bombay

4,240 judgments

Year:

Yamuna Gopinath Nadekar v. General Manager

28 Nov 2023 · MILIND N. JADHAV

The Bombay High Court held that reinstatement with full back wages includes all consequential benefits such as increments, bonus, and leave wages unless specifically excluded, and directed the respondent to pay the petitioner the full amount due with interest.

labor appeal_allowed Significant reinstatement back wages consequential benefits industrial disputes

Emerson Climate Technologies (India) Private Limited v. Shirish Ramchandra Pawar

28 Nov 2023 · MILIND N. JADHAV

The High Court upheld the Labour Court's finding that while the departmental enquiry was legal and proper, the Enquiry Officer's findings were perverse and set aside the termination of a workman accused of theft.

labor petition_dismissed Significant domestic enquiry perverse findings termination of service industrial dispute

Audumber Chaya CHS Ltd. v. Shanti Co-operative Housing Society Ltd.

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court quashed an ex-parte deemed conveyance order granted without proper notice and hearing, directing a fresh adjudication ensuring all parties are heard in a cooperative housing society land dispute.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership Flats Act, 1963 natural justice notice and hearing

Shree Raj Shrushti Residency Private Ltd. v. Shri Romesh Sharma & Ors.

28 Nov 2023 · Abhay Ahuja J. · 2023:BHC-AS:35580

The High Court upheld the appellate order setting aside the striking off of defense for breach of status-quo but restrained the respondents from acting under the disputed Power of Attorney pending trial.

civil appeal_dismissed Significant status-quo order Power of Attorney Order 39 Rule 11 CPC striking off defense

Maharashtra State Electricity Distribution Company Limited v. M/s. Viraj Profile Ltd.

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

The Bombay High Court held that CGRF has jurisdiction to adjudicate individual consumer billing grievances relating to Open Access capacity and contract demand revisions, dismissing MSEDCL's writ petition challenging CGRF's order.

administrative petition_dismissed Significant Consumer Grievance Redressal Forum Maharashtra Electricity Regulatory Commission Open Access capacity Contract Demand

Santosh Sakharam Kamble v. The State of Maharashtra

28 Nov 2023 · Nitin B. Suryawanshi

The Bombay High Court acquitted appellants of abetment of suicide charges under Section 306 IPC due to lack of credible evidence and absence of mens rea.

criminal appeal_allowed Significant abetment of suicide Section 306 IPC mens rea instigation

Namdeo Nemaji Latpate v. Chief Executive Officer, Bhimjyoti Vidyalaya

28 Nov 2023 · Milind N. Jadhav

The Bombay High Court set aside the ex parte disciplinary enquiry and termination of a private school teacher for violation of natural justice and directed his notional reinstatement and absorption as a surplus teacher.

labor appeal_allowed Significant disciplinary enquiry natural justice ex parte enquiry termination of service

Gundu Vishnu Chandam & Ors. v. The Government of Maharashtra & Ors.

28 Nov 2023 · MILIND N. JADHAV

The Bombay High Court set aside the Industrial Court's order granting permanency to seasonal workers who failed to complete 240 days of continuous service for five years, reaffirming the strict conditions under the Kalelkar Award and dismissing repeated claims on the same cause of action.

labor appeal_allowed Significant Kalelkar Award permanency seasonal employment unfair labour practices

M/s. Balaji Surgical v. State of Maharashtra

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

The Bombay High Court held that a last-minute corrigendum introducing a mandatory "No Conviction Certificate" requirement without notice was arbitrary, and disqualification on that ground was set aside, directing fair consideration of the petitioner’s bid.

administrative appeal_allowed Significant tender process no conviction certificate corrigendum arbitrariness

Mahesh Mathuradas Ganatra v. Centralised Processing Center & Ors.

14 Nov 2023 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that the revenue cannot recover more than 20% of the tax demand before stay adjudication and directed refund of excess amount adjusted against the demand, emphasizing timely disposal of tax appeals.

tax petition_allowed Significant Income Tax Act, 1961 stay application tax demand refund adjustment

DCW Limited v. Assistant Commissioner of Income Tax

10 Nov 2023 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that reopening of income tax assessment beyond four years is impermissible where the assessee has fully disclosed material facts and the reopening is based on mere change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 32AC deduction Reopening of assessment Section 147

Asif Shaikh v. The Commissioner of Police Mumbai City

10 Nov 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed the petitioner’s preventive detention under the MPDA Act due to the State Government’s failure to consider his representation, violating Article 22(5) rights.

criminal petition_allowed Significant MPDA Act preventive detention representation against detention Article 22(5) Constitution of India

Swapan Nripesh Bhattacharya v. The State of Maharashtra

10 Nov 2023 · A. S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court dismissed the petition seeking further investigation and transfer of the case concerning the suicide of Soham Bhattacharya, holding that the police investigation was thorough and complete.

criminal petition_dismissed Section 174 Cr.P.C. investigation suicide Ganja influence

Sheezan Mohd. Khan v. State of Maharashtra & Ors.

10 Nov 2023 · A.S. Gadkari; Sharmila U. Deshmukh

The Bombay High Court dismissed the application to quash charges under Section 306 IPC, holding that the allegations and material disclose a prima facie case of abetment of suicide requiring trial.

criminal petition_dismissed Significant Section 306 IPC Abetment of suicide Section 482 CrPC Quashing of chargesheet

Swararaj @ Raj Shrikant Thackeray v. State of Maharashtra

10 Nov 2023 · A.S. Gadkari; Sharmila U. Deshmukh

The High Court held that a notice under Section 149 Cr.P.C is not an order promulgated under Section 188 IPC and that cognizance of such offence requires a written complaint under Section 195(1)(a) Cr.P.C, quashing the prosecution for non-compliance.

criminal petition_allowed Significant Section 188 IPC Section 149 CrPC Section 195(1)(a) CrPC order promulgated

Shri Sudhakar Yashwant Warule v. The Gramsevak, Group Gram Panchayat Rasegaon

10 Nov 2023 · Sandeep V. Marne · 7 (2024) 2 ALL. MR 521

The Bombay High Court held that strict compliance with statutory procedure for resignation of Upa-Sarpanch is mandatory and set aside orders accepting a disputed resignation lacking proper acknowledgment, reinstating the petitioner.

administrative petition_allowed Significant Upa-Sarpanch resignation Maharashtra Village Panchayats Act 1959 Bombay Village Panchayats Resignation Rules 1965 strict compliance

Savita Shrimant Ghule v. Sangita Bibhishan Sanap

09 Nov 2023 · Madhav J. Jamdar

The Bombay High Court upheld the validity of a 'Motion of No Confidence' against a Sarpanch and Upa-Sarpanch, ruling that procedural defects do not invalidate the motion if statutory requirements are met and defects do not affect the merits.

administrative petition_dismissed Significant Motion of No Confidence Maharashtra Village Panchayats Act, 1959 Section 35 Section 44(3)

Unity Mall Premises Co-operative Society Ltd v. Vasai-Virar City Municipal Corporation & Ors.

09 Nov 2023 · G. S. Patel; Kamal Khata

The Bombay High Court held that unilateral amendments reducing essential parking amenities for a commercial mall without consent violate planning laws and public interest, quashing such amendments and restoring original parking provisions.

administrative appeal_allowed Significant commercial mall parking Maharashtra Regional Town Planning Act Unified Development Control and Promotion Regulations Municipal Corporation

Ramesh Sitaldas Dalal v. State of Maharashtra

09 Nov 2023 · Anuja Prabhudessai; N.R. Borkar
Cites 1 · Cited by 0

The Bombay High Court quashed the FIR and chargesheet against the petitioners in a matrimonial dispute, holding that allegations did not prima facie constitute offences and that freezing of their bank accounts was arbitrary and illegal.

criminal appeal_allowed Significant Section 498-A IPC quashing of FIR Section 482 CrPC freezing bank accounts

Danish Ali Jamaluddin Ahmed v. The State of Maharashtra

09 Nov 2023 · M. S. Karnik
Cites 2 · Cited by 0

The Bombay High Court allowed bail to an approver who complied with pardon conditions, balancing statutory detention mandates with constitutional liberty rights and witness protection laws.

criminal appeal_allowed Significant tender of pardon section 306 CrPC approver bail Article 21 Constitution of India