High Court of Bombay

5,131 judgments

Year:

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
Cites 0 · Cited by 1

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

Agri Sprayers T.I.M Association v. The State of Maharashtra

23 Oct 2023 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court upheld the State Government's Special Action Plan procurement scheme, dismissing challenges based on the earlier DBT scheme and penalizing petitioners for abuse of process.

administrative appeal_dismissed Significant Government Resolution Direct Benefit Transfer Special Action Plan Procurement

Harshada Sawant v. State of Maharashtra

20 Oct 2023 · Milind N. Jadhav

The Bombay High Court held that testamentary disposition under a Will is not a transfer attracting unearned income levy, and conversion charges must be calculated based on the date of application, quashing demands based on outdated policies and later market values.

property petition_allowed Significant uneared income leasehold land testamentary disposition change of user premium

Syamala Raghunathan v. Srinivasan Vatsala

20 Oct 2023 · G.S. Patel

The Bombay High Court upheld the validity of a holograph Will executed by the testatrix in accordance with Section 63 of the Indian Succession Act, rejecting challenges on mental capacity and undue influence.

civil petition_allowed Significant holograph Will Indian Succession Act 1925 Section 63 testamentary capacity

Sunil Achyutrao Thete v. The State of Maharashtra

20 Oct 2023 · Bharati Dangre

The Bombay High Court held that prosecution sanction under the Prevention of Corruption Act must be granted by the competent authority after independent application of mind, and quashed the prosecution where sanction was issued mechanically under external dictation.

criminal appeal_allowed Significant sanction under Section 19 Prevention of Corruption Act, 1988 application of mind mechanical sanction

Jibhau Sukhdev Deore & Ors. v. Vishwas Ramchandra Dighavkar & Ors.

20 Oct 2023 · Sandeep V. Marne · 2023:BHC-AS:31510

The Bombay High Court held that correction of land consolidation schemes involving reallocation of land area is governed by Section 32 and must be sought within a reasonable time, dismissing a petition filed after 50 years as time barred.

property petition_dismissed Significant Maharashtra Prevention of Fragmentation and Consolidation of Land Holdings Act, 1947 Section 31A Section 32 Consolidation Scheme

Trinity Landmarks LLP v. State of Maharashtra

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

The Bombay High Court held that the 2015 aviation height restriction notification does not apply retrospectively to a construction project with prior planning permission, quashing the imposed NOC requirement and allowing the project to proceed.

administrative petition_allowed Significant 2015 Notification GSR 751(E) 2010 Notification No Objection Certificate (NOC) Aircraft Act 1934

Commissioner of CGST & Central Excise v. Huhtamaki PPL Ltd

20 Oct 2023 · M. S. Sonak; Jitendra Jain

The Bombay High Court upheld the Tribunal's order allowing CENVAT Credit on exempted engraved cylinders where excise duty was paid by the supplier and not challenged, dismissing the Revenue's appeal.

tax appeal_dismissed Significant CENVAT Credit Central Excise Act, 1944 Section 11D exempted goods

Sachin Shrikant Navgire v. The State of Maharashtra

18 Oct 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court acquitted appellants of murder and related charges due to unreliable recovery evidence and failure to prove guilt beyond reasonable doubt in a circumstantial evidence case.

criminal appeal_allowed Significant circumstantial evidence recovery of stolen property murder Section 302 IPC

M/s. Sai Trading Company v. The District Controller and Collector of Stamps, Sangli

18 Oct 2023 · Jitendra Jain

The Bombay High Court held that an agreement outsourcing octroi collection constitutes a lease under Section 2(n)(iii) of the Maharashtra Stamp Act and is liable to stamp duty, remanding the duty calculation for reconsideration.

tax appeal_dismissed Significant Maharashtra Stamp Act lease definition toll octroi

Maharashtra State Road Transport Corporation v. Bhupal Madhukar Pol

18 Oct 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that acquittal in a criminal case does not bar disciplinary action in departmental enquiry where charges are proved on preponderance of probability, restoring the penalty imposed on a driver found with liquor bottles in his bus cabin.

labor appeal_allowed Significant departmental enquiry preponderance of probability criminal acquittal Bombay Prohibition Act

Kashinath Pandurang Jadhav v. The State of Maharashtra

18 Oct 2023 · M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court held that invocation of Section 409 IPC, which prescribes imprisonment for life or up to 10 years, extends the charge-sheet filing period to 90 days under Section 167(2)(a)(i) Cr.P.C., denying default bail to accused after 60 days.

criminal appeal_dismissed Significant default bail Section 167 CrPC Section 409 IPC criminal breach of trust

GTI Infotel Private Limited v. Hindustan Petroleum Corporation Ltd.

18 Oct 2023 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.

The court dismissed the writ petition, holding that an MSE bidder must explicitly opt for purchase preference during bid submission to avail its benefits, and judicial interference in the tender process was unwarranted given the petitioner's failure and delay.

administrative petition_dismissed Significant Micro and Small Enterprises (MSE) policy purchase preference Government e-Marketplace (GeM) tender process

Ashapura Steel Metal v. Union of India

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

The Bombay High Court upheld the State Tax Officer's jurisdiction to block input tax credit under CGST and MGST Acts but quashed the summary rejection of the petitioner's objections, directing a fair hearing and reasoned order.

tax appeal_allowed Significant input tax credit Rule 86-A CGST Rules Maharashtra GST Act jurisdiction of State Tax Officer