High Court of Bombay

5,131 judgments

Year:

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
Cites 0 · Cited by 1

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 2

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

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
Cites 0 · Cited by 1

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