High Court of Bombay

4,240 judgments

Year:

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

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

The Institute of Chartered Accountants of India v. Manakchand Laxman Baheti

25 Oct 2023 · K. R. Shriram; Dr. Neela Gokhale · 2007(96) DRJ 763(DB)

The High Court upheld the disciplinary action against a Chartered Accountant for professional misconduct in issuing unverified certificates, reprimanding him to maintain professional integrity and public confidence.

professional_regulatory petition_allowed Significant Chartered Accountants Act, 1949 professional misconduct disciplinary proceedings due diligence

Monica Sagar Kate & Anr v. The Joint Registrar & Ors

25 Oct 2023 · Sandeep V. Marne

The High Court held that summary recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act cannot decide disputed factual issues like genuineness of 'No Dues Certificates' and Release Deeds, which must be adjudicated by the Cooperative Court under Section 91.

civil appeal_allowed Significant Section 101 Maharashtra Co-operative Societies Act Recovery certificate No Dues Certificate Release Deed

Monica Sagar Kate & Anr v. The Joint Registrar & Ors

25 Oct 2023 · Sandeep V. Marne

The High Court held that summary recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act are inappropriate for disputed loan repayment claims involving 'No Dues Certificates' and Release Deeds, which must be adjudicated by the Cooperative Court under Section 91.

civil appeal_allowed Significant Section 101 Maharashtra Co-operative Societies Act Recovery certificate No Dues Certificate Release Deed

Nitin Dwarkadas Nyati v. Union of India & Ors.

23 Oct 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla

The Bombay High Court held that a petitioner who commenced construction within five years under a 2010 NOC is entitled to revalidation without reassessment under the 2015 Rules, quashing refusal letters and directing reconsideration accordingly.

administrative appeal_allowed Significant No Objection Certificate Height Restrictions Rules 2015 2010 Notification Revalidation of NOC

M/s. Neelkamal Realtors Suburban Private Limited v. Office of the Custodian of Enemy Property of India

23 Oct 2023 · Sunil B. Shukre; Rajesh S. Patil

The Bombay High Court held that the Assistant Custodian of Enemy Property lacks jurisdiction to issue directions prohibiting transfer or construction on properties not yet vested in the Custodian under the Enemy Property Act, 1968, and set aside such communications and consequential orders.

property petition_allowed Significant Enemy Property Act, 1968 Assistant Custodian of Enemy Property vesting of enemy property Section 8 EP Act

Appasaheb Pandurang Yadav & Ors. v. Appasaheb Virupaksh Tandale & Ors.

23 Oct 2023 · Sandeep V. Marne

The Bombay High Court upheld the Maharashtra Revenue Tribunal’s refusal to condone delay in filing tenancy appeal, affirming that termination of tenancy under section 25(1) is valid without three separate notices and emphasizing finality over meritless prolonged litigation.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 section 14 termination of tenancy section 25(1) ejectment proceedings section 25(2) automatic termination

Union of India v. The State of Maharashtra

23 Oct 2023 · Sunil B. Shukre; M.W. Chandwani

The Bombay High Court held that Ministry of Defence circulars requiring NOC do not apply retrospectively to constructions permitted before 2011 and that such circulars lack statutory force to restrict property rights without legislative backing, dismissing the petition to quash construction permissions near a Defence Establishment.

administrative petition_dismissed Significant Ministry of Defence circulars No Objection Certificate Works of Defence Act, 1903 Article 300A