High Court of Bombay

5,131 judgments

Year:

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

Bharat Nagu Garud v. State of Maharashtra & Ors.

01 Nov 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that the Caste Scrutiny Committee lacks jurisdiction to suo motu review or recall its past orders granting caste validity certificates, which can only be challenged before the High Court under Article 226.

constitutional appeal_allowed Significant Caste Scrutiny Committee Scheduled Tribes Caste Validity Certificate Suo Motu Review

Babarjit Singh Hari Singh v. Manorama Vishwanath Surve & Ors.

01 Nov 2023 · Sandeep V. Marne

The Bombay High Court upheld eviction of tenant on ground of unlawful subletting where tenant ceased residing in premises and allowed non-family members exclusive possession, affirming termination under Maharashtra Rent Control Act, 1999.

civil petition_dismissed Significant Maharashtra Rent Control Act, 1999 subletting tenancy rights family member

A2Z Infraservices Ltd. v. Regional Labour Commissioner (Central) & Ors.

31 Oct 2023 · Milind N. Jadhav

The Bombay High Court held that the principal employer (Railway) is liable to reimburse the contractor for differential minimum wages and related compensation under the Minimum Wages Act, setting aside orders imposing penalty on the contractor and directing release of withheld dues.

labor appeal_allowed Significant Minimum Wages Act, 1948 Price Variation Clause business efficacy test principal employer liability

Shri A. P. D. Jain Pathshala v. Pradip Hanmantrao Ulagadde

31 Oct 2023 · Sandeep V. Marne

The Bombay High Court set aside the order for fresh enquiry against a dismissed teacher due to procedural lapses but awarded lump sum compensation in lieu of reinstatement to end protracted litigation.

labor other Significant disciplinary enquiry Maharashtra Employees of Private Schools Rules subsistence allowance termination of service

Amar S. Mulchandani v. The State of Maharashtra

31 Oct 2023 · N.J. Jamadar · 2023:BHC-AS:33240
Cites 1 · Cited by 0

The Bombay High Court held that a person already in custody in one case is not barred from seeking anticipatory bail under Section 438 CrPC in another distinct case where arrest is apprehended.

criminal appeal_allowed Significant anticipatory bail Section 438 CrPC maintainability person in custody

Dattatraya Mahadev Ugale & Ors. v. The State of Maharashtra & Ors.

31 Oct 2023 · Amit Borkar

The High Court held that an order under Section 81(3)(c) of the Maharashtra Cooperative Societies Act is administrative and not amenable to revision under Section 154, quashing the stay granted on the test audit order.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 81(3)(c) Section 154 quasi-judicial order

M/s. Oriental Fire & General Insurance Co. Limited v. M/s. Haldyn Glass Works Private Limited

30 Oct 2023 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court upheld the insurer's liability under consequential loss policies for damage caused by malicious acts of striking workers but set aside the grant of actual costs for non-compliance with applicable court rules.

civil appeal_dismissed Significant Consequential Loss Policy Fire Insurance Policy Malicious Damage Riot and Strike Endorsement

Manik Chandru Deokar v. State of Maharashtra

30 Oct 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that cancellation of rehabilitation land allotment for non-construction of a house within one year is arbitrary and without jurisdiction, and directed allotment of the balance land to the displaced petitioner.

administrative petition_allowed Significant Resettlement Act Project Affected Persons Land allotment Condition of construction

Dr. Sachin Prabhu Pawar v. State of Maharashtra

30 Oct 2023 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court upheld the appointment of respondent no. 3 as Returning Officer for MMC elections, holding her rank equivalent to Under Secretary and dismissing the petition challenging the election process.

administrative petition_dismissed Significant Returning Officer Maharashtra Medical Council Rule 6 Under Secretary rank

L & T Finance Limited v. Diamond Projects Limited; Ingram Micro India Pvt Ltd v. Signy Technologies Pvt Ltd; Vedaang Builders LLP v. Ashwinkumar Liladhar Shah; Spenta Vintage Pvt Ltd v. Evershine No.II CHS Ltd; Manish Sheth v. Ketan Sheth

27 Oct 2023 · Bharati Dangre
Cites 0 · Cited by 8

The court held that despite an arbitration agreement being unstamped and thus unenforceable under the Stamp Act, interim relief under Section 9 of the Arbitration Act can still be granted pending payment of stamp duty.

arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 9 interim relief Stamp Act unstamped arbitration agreement

Michael Onyeka Jude v. Directorate of Revenue Intelligence & Anr.

27 Oct 2023 · Sarang V. Kotwal

The Bombay High Court upheld the order permitting retesting of seized narcotic samples during investigation under the N.D.P.S. Act, holding that such retesting is allowed within prescribed guidelines and does not violate the accused's rights.

criminal petition_dismissed Significant Narcotic Drugs and Psychotropic Substances Act retesting resampling laboratory report

Santosh Motiram Pisat v. Smt. Sumitra Mohanlal Lain & Ors.

27 Oct 2023 · Sandeep V. Marne

The Bombay High Court held that Rent Courts have jurisdiction to entertain composite suits for recovery of possession and injunctions related to tenanted premises, overruling the appellate court's order directing separate forums.

civil appeal_allowed Significant Rent Court jurisdiction Maharashtra Rent Control Act Recovery of possession Perpetual injunction

Baburao Shivputra Erandole & Ors v. Kumar Adwait Nikhil Erandole & Ors

26 Oct 2023 · Sandeep V. Marne

The High Court held that a coparcener cannot obtain a blanket injunction restraining alienation of joint family property during a partition suit, modifying the trial court's order to a limited injunction protecting specific land.

civil appeal_allowed Significant joint Hindu family coparcener temporary injunction partition suit