High Court of Bombay

5,061 judgments

Year:

Samajik Vikas Prabhodini v. State of Maharashtra

27 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that writ petitions challenging reservation notifications for Scheduled Tribes in Scheduled Areas are maintainable before the High Court and not barred by the exclusive jurisdiction of the State Administrative Tribunal under the Administrative Tribunals Act, 1985.

constitutional appeal_allowed Significant Administrative Tribunals Act, 1985 Article 226 jurisdiction State Administrative Tribunal Reservation in Scheduled Areas

Sandesh Baccharam Bhapkar & Ors. v. State of Maharashtra & Ors.

27 Sep 2023 · Sandeep V. Marne

The Bombay High Court held that only the Registrar or his delegate can disqualify elected cooperative society members under Rule 66, that delay in filing election expense accounts may be condoned upon valid justification, and remanded the matter for fresh consideration while recognizing the availability of revision under Section 154 of the Maharashtra Co-Operative Societies Act.

administrative appeal_allowed Significant Maharashtra Co-Operative Societies Act, 1960 Election Rules 2014 Rule 66 disqualification election expense accounts

Mukesh Rajaram Chaudhari v. The State of Maharashtra

27 Sep 2023 · M. S. Karnik
Cites 8 · Cited by 0

The Bombay High Court held that non-compliance with Section 52A sampling procedure under the NDPS Act does not automatically entitle an accused to bail under Section 37, and rejected the bail application of the accused involved in commercial quantity narcotics seizure.

criminal petition_dismissed Significant NDPS Act Section 52A bail sampling procedure

Abdul Rasheed alias Basheer v. Enforcement Directorate

27 Sep 2023 · Revati Mohite Dere; Gauri Godse · 2023:BHC-AS:28400-DB
Cites 0 · Cited by 1

The Bombay High Court quashed a 30-year-old COFEPOSA detention order due to inordinate delay and improper service, emphasizing the necessity of timely execution and meticulous procedural compliance in preventive detention cases.

criminal petition_allowed Significant preventive detention COFEPOSA Act service of detention order delay in execution

Naresh Sundarlal Jain v. Udaipur Entertainment World Pvt. Ltd.

27 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla

The Bombay High Court dismissed the writ petition challenging the NCLT order vacating attachment under PMLA, holding that the statutory appeal under Section 61 of the IBC is the exclusive remedy and cannot be circumvented by writ jurisdiction.

civil petition_dismissed Significant Insolvency and Bankruptcy Code Section 61 IBC Article 226 Constitution Article 142 Constitution

Nitin Vikas Karake v. Mrs. Chetana Nitin Karake

26 Sep 2023 · Rajesh S. Patil

The Bombay High Court upheld the jurisdiction of the Satara court to entertain a Domestic Violence Application, holding that the wife’s permanent residence was Satara despite her temporary stay in Pune on a leave and license basis.

criminal petition_dismissed Significant Domestic Violence Act, 2005 Section 27 jurisdiction leave and license agreement permanent residence

Prema V. Shetty v. Saraswat Co-operative Bank Ltd.

26 Sep 2023 · R.I. Chagla
Cites 1 · Cited by 0

The Bombay High Court upheld an arbitral award limiting compensation for illegal lease termination to three months, affirming that the claimant bears the onus to prove mitigation of damages and that courts cannot interfere with arbitral findings absent valid grounds under Section 34 of the Arbitration Act.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 petition mitigation of damages lease termination

Agarwal Associates & Agencies v. Vinay Fabrics Pvt. Ltd.

26 Sep 2023 · Kamal Khata

The Bombay High Court held that acknowledgment in corporate balance sheets extends limitation, granted conditional leave to defend subject to deposit, and rejected the defendant's dismissal application in a commercial loan recovery suit.

civil appeal_allowed Significant acknowledgment limitation Order VII Rule 11 CPC conditional leave to defend

Sai Chintan C.H.S.LTD. v. The State of Maharashtra

26 Sep 2023 · Sunil B. Shukre; R.N. Laddha

The Bombay High Court held that a housing society has the right to develop its property through a new developer despite pending contractual disputes, directing the municipal corporation to process redevelopment plans without insisting on termination orders.

civil appeal_allowed Significant development agreement unilateral termination housing society redevelopment

Kalyan - Dombivli Municipal Corporation v. Vijay Namdeo Jadhav

26 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's award directing reinstatement of a long-serving temporary employee terminated during judicial custody without due process, affirming his deemed permanency and right to back wages post acquittal.

labor appeal_dismissed Significant termination without due process deemed permanency judicial custody reinstatement with continuity

Star Health and Allied Insurance Co. Ltd. v. Office of Insurance Ombudsman Mumbai & Goa

25 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the Insurance Ombudsman's award directing the insurer to pay a health insurance claim for accident-related disc prolapse surgery, rejecting the insurer's contention of a chronic condition exclusion.

civil appeal_dismissed Significant Health Insurance Policy Exclusion Clause Prolapse of Intervertebral Disc Accident

CitiusTech Healthcare Technology Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle-1(2)(1)

25 Sep 2023 · K. R. Shriram; Neela Gokhale

The Bombay High Court held that reopening of income tax assessment based on a mere change of opinion without failure to disclose material facts is impermissible and quashed the reassessment notices and orders.

tax petition_allowed Significant Income-tax Act, 1961 Section 147 Section 148 Reopening of assessment

Shakuntala Karamveer Sarsath v. Atul Mohite & Ors.

25 Sep 2023 · A. S. Gadkari; Sharmila U. Deshmukh
Cites 0 · Cited by 1

The Bombay High Court dismissed the petition challenging the lawful detention and rehabilitation of a beautician identified as a victim of prostitution, holding no violation of fundamental rights occurred.

criminal petition_dismissed Significant Immoral Traffic (Prevention) Act illegal detention fundamental rights Article 19(1)(g)

Jyoti Sharadchandra Lohokare v. The Managing Committee, Shreeji Ville CHS Ltd. & Ors.

25 Sep 2023 · Madhav J. Jamdar, J.

The Bombay High Court upheld the validity of a co-operative housing society's levy of charges for cultural activities approved by its General Body under the Maharashtra Cooperative Societies Act and bye-laws.

administrative petition_dismissed Significant Co-operative Housing Society Maharashtra Cooperative Societies Act, 1960 Bye-laws Cultural activities charges

Brihan Mumbai Electric Supply and Transport v. BEST Jagrut Kamgar Sanghatana

25 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the condonation of nearly six years' delay in filing a labour complaint by casual workers, emphasizing a liberal approach to delay and directing adjudication on merits.

labor appeal_dismissed Significant condonation of delay casual workers unfair labour practices limitation

Haresh Vijaysinh Bhatia & Ors. v. Vijay-II Co-op. Hsg. Soc. Ltd. & Ors.

25 Sep 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Competent Authority's order granting unilateral deemed conveyance including Wing-D to Vijay-II CHS, holding that the fresh application was maintainable and the Authority acted within its jurisdiction under MOFA.

property appeal_dismissed Significant Maharashtra Ownership Flats Act, 1963 Section 11 MOFA unilateral deemed conveyance res judicata

Kamla Industrial Park Ltd & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

21 Sep 2023 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that the MCGM cannot impose a regularization penalty on a corporate debtor post-IBC resolution plan approval if such penalty was not claimed during insolvency, emphasizing extinguishment of prior liabilities and municipal inaction.

civil petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Resolution Plan Regularization Penalty Municipal Corporation of Greater Mumbai

Kamla Industrial Park Ltd v. Ramchandra Sankpal

21 Sep 2023 · G.S. Patel; Kamal Khata
Cites 1 · Cited by 1

The Bombay High Court held that the MCGM cannot impose a regularization penalty on a corporate debtor post-IBC resolution plan approval if the penalty claim was not included in the plan, emphasizing municipal inaction and the 'clean slate' principle under the IBC.

administrative petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Resolution Plan Regularization Penalty Municipal Corporation of Greater Mumbai

Mustafa Ibrahim Nadiadwala & Ors. v. The State of Maharashtra & Ors.

21 Sep 2023 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court quashed land acquisition proceedings and restored possession of the petitioners' 50% share in the land, relying on the Supreme Court's prior ruling that non-compliance with Section 4(1) of the Land Acquisition Act renders acquisition null and void.

property appeal_allowed Significant Land Acquisition Act 1894 Section 4(1) publication acquisition proceedings null and void possession restoration

Mahesh Sitaram Raut v. National Investigation Agency & State of Maharashtra

21 Sep 2023 · A. S. Gadkari; Sharmila U. Deshmukh
Cites 1 · Cited by 0

The Bombay High Court granted bail to the appellant accused under the UAP Act, holding that the prosecution failed to establish a prima facie case against him beyond hearsay evidence and prolonged pre-trial detention warranted bail.

criminal appeal_allowed Significant bail Unlawful Activities (Prevention) Act National Investigation Agency prima facie case