High Court of Bombay

4,240 judgments

Year:

Ramona Pinto v. Deputy Commissioner of Income Tax – 23(3), Mumbai & Ors.

08 Nov 2023 · K. R. Shriram; Dr. Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court held that reassessment proceedings without proper jurisdiction are invalid and that amounts received by a partner upon retirement from a partnership firm pursuant to arbitration are not taxable income under the Income Tax Act, 1961.

tax appeal_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Partnership firm retirement

Maharashtra Power Generation Company Ltd. v. Knowledge Infrastructure Systems Pvt. Ltd.

08 Nov 2023 · R.I. Chagla

The Bombay High Court upheld the arbitral award in a coal supply dispute, affirming the Tribunal's contract interpretation, rejecting limitation and arbitrability challenges, and dismissing the petitioner's challenge under Section 34 of the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Commercial Arbitration Basic Customs Duty Contract Interpretation Liquidated Damages

The Commissioner, Municipal Corporation of Greater Mumbai v. Kachara Vahatuk Shramik Sangh

08 Nov 2023 · Milind N. Jadhav
Cites 2 · Cited by 0

The Court set aside the Industrial Tribunal's Award directing regularization of 580 temporary workers with MCGM, holding that permanency cannot be granted without following constitutional recruitment procedures and sanctioned posts.

labor appeal_allowed Significant regularization permanency temporary workers public employment

Santosh Tukaram Patil & Ors v Slum Rehabilitation Authority & Ors

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

The Bombay High Court upheld the validity of the Slum Rehabilitation Area declaration under Section 3C of the Maharashtra Slum Areas Act, dismissing the petitioners' challenge based on tenancy and authorization claims and limiting writ review to procedural compliance.

administrative petition_dismissed Significant Slum Rehabilitation Area Maharashtra Slum Areas Act 1971 Section 3C writ jurisdiction

Up-Sarpanch of Gram-Panchayat Shedsai v. State of Maharashtra

07 Nov 2023 · Madhav J. Jamdar

The Bombay High Court held that procedural non-compliance with meeting rules does not invalidate a no-confidence motion passed by the required majority under the Maharashtra Village Panchayats Act, 1959.

administrative appeal_allowed Significant no-confidence motion Maharashtra Village Panchayats Act, 1959 Bombay Village Panchayats (Meetings) Rules, 1959 Section 35(3)

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