High Court of Bombay

4,240 judgments

Year:

Shri Ramdas Baburao Avhad & Ors. v. The State of Maharashtra & Ors.

13 Oct 2023 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court held that the Competent Authority under the National Highways Act cannot review its own order or delay compensation payment based on interim circulars, directing immediate release of enhanced compensation to landowners.

administrative petition_allowed Significant National Highways Act, 1956 Compensation Land Acquisition Competent Authority

Sandeep Uttam Bodke v. The State of Maharashtra

12 Oct 2023 · Milind N. Jadhav

The Bombay High Court quashed MHADA's cancellation of allotment for non-payment due to procedural lapses and Covid-related extensions, directing payment with interest and possession to the petitioner.

administrative petition_allowed Significant MHADA allotment Regulation 18(1) extension of time Covid-19 limitation extension

Kalimun Balaso Nadaf v. Ld. District Collector, Kolhapur

12 Oct 2023 · Madhav J. Jamdar

The court held that Panchayat members' resignations take effect only after being placed before a valid meeting and expiry of prescribed periods, validating their participation in a subsequent no-confidence motion.

administrative petition_dismissed Significant resignation Maharashtra Village Panchayats Act Section 29 Motion of No Confidence

Sameer Baijanath Joshi v. The Union of India

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

The Bombay High Court held that redevelopment of a permanent structure existing prior to the 1976 Defence Notification is permissible up to 15 metres without requiring Defence NOC, balancing Defence restrictions with property rights.

property petition_allowed Significant Works of Defence Act, 1903 1976 Notification redevelopment permanent construction

The Institute of Chartered Accountants of India v. Sudhir M. Desai

11 Oct 2023 · K.R. Shriram; Neela Gokhale

The High Court quashed the ICAI Council's unreasoned disciplinary order removing a member's name for carrying on business without permission, emphasizing the need for independent findings and reasons in professional misconduct proceedings.

professional_regulatory petition_allowed Significant Chartered Accountants Act 1949 professional misconduct disciplinary proceedings natural justice

Bhushan v. The State of Maharashtra

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

The Bombay High Court dismissed the petition challenging cancellation of provisional admission due to late submission of Caste Validity Certificate, holding that prescribed timelines are directory and strict adherence to admission cut-off dates is essential.

administrative petition_dismissed Significant Caste Validity Certificate Admission process Cut-off date Caste Certificate Rules 2012

Chetak Technology Ltd v. Union of India

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

The Bombay High Court held that Customs illegally detained lithium ion cell imports without lawful seizure and contrary to BIS regulations permitting standard marks on packaging, directing their release and proper adjudication of show cause notice.

administrative appeal_allowed Significant Bureau of Indian Standards Regulations 2018 Customs Act 1962 Section 124 detention vs seizure show cause notice

Saraswat Co-operative Bank Limited v. Prashant Yeshwant Gokhale

11 Oct 2023 · S.M. Modak

The court held that a lessor has the right to inspect leased premises before accepting possession, and a court-appointed commissioner may inspect the premises without opining on alterations, dismissing the petition challenging such inspection.

civil petition_dismissed Significant lessor's right to inspect possession of leased premises court-appointed commissioner inspection Transfer of Property Act

Runwal Township Pvt. Ltd. v. State of Maharashtra

10 Oct 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court held that the petitioner is entitled to compensation or FSI benefit for setback land acquired in 1969, rejecting the Municipal Corporation's plea of delay and affirming the continuing right to claim compensation under Article 300-A.

property petition_allowed Significant compensation setback land FSI Article 300-A

The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit v. Shri Pandurang S/o Kalu Pawar

10 Oct 2023 · Sandeep V. Marne

The Bombay High Court held that re-employment after resignation constitutes a fresh appointment entitling the employee to separate gratuity payments without clubbing service spells for applying the maximum cap under Rule 84.

labor petition_dismissed Significant gratuity re-employment fresh appointment Payment of Gratuity Act, 1972

The Maharashtra State Co-Operative Adivashi Vikas Mahamandal Maryadit v. Shivaji

10 Oct 2023 · Sandeep V. Marne

The High Court held that the Controlling Authority under the Payment of Gratuity Act lacks jurisdiction to decide pay fixation disputes and set aside the order awarding gratuity based on an erroneous pay fixation, partly allowing the writ petition.

labor petition_allowed Significant Payment of Gratuity Act, 1972 6th Pay Commission pay fixation jurisdiction of Controlling Authority

Vidyapati Bhagwatpati Tiwari v. Union of India

09 Oct 2023 · Milind N. Jadhav

The Bombay High Court upheld the dismissal of an Airport Authority employee for encroachment and misconduct, affirming the fairness of the enquiry and rejecting forgery allegations as unproven.

administrative petition_dismissed Significant disciplinary enquiry encroachment Airport Authority of India domestic enquiry

Rajnikant J. Jakhariya v. Ramlaut Chabbulal Arya & Ors.

09 Oct 2023 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's award directing reinstatement with backwages of a workman illegally terminated without due process, emphasizing the employer's failure to prove abandonment and non-production of attendance records.

labor appeal_dismissed Significant illegal termination employer-employee relationship Industrial Disputes Act, 1947 reinstatement

P.D. Hinduja National Hospital and Medical Research Centre v. Employees’ State Insurance Corporation

09 Oct 2023 · Milind N. Jadhav

The Bombay High Court upheld the partial allowance and rejection of amendments to an ESI application, holding that pleadings must contain only facts and not legal submissions or statutory citations.

administrative appeal_dismissed Employees’ State Insurance Act, 1948 amendment of pleadings Employees Insurance Court scope of amendment

Shripati Laxman Patil v. The State of Maharashtra & Ors.

09 Oct 2023 · Madhav J. Jamdar · 2023:BHC-AS:36878

The Bombay High Court held that execution proceedings initiated within 12 years for Recovery Certificates under the Maharashtra Co-operative Societies Act are not barred by limitation and dismissed the writ petitions challenging fresh Demand Notices.

civil petition_dismissed Significant Recovery Certificate Maharashtra Co-operative Societies Act, 1960 limitation period Rule 107(19)

Aniruddha Tukaram Anavkar & Ors. v. Maharashtra Housing and Area Development Authority & Ors.

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

The Bombay High Court upheld MHADA's power to rescind acquisition of cessed property under the Maharashtra Housing and Area Development Act, 1976, allowing de-acquisition and redevelopment in the interest of majority occupiers-tenants.

property petition_dismissed Significant Maharashtra Housing and Area Development Act, 1976 Chapter VIII-A cession buildings acquisition and de-acquisition

Life Insurance Corporation of India v. National Insurance Company Ltd

07 Oct 2023 · Sharmila U. Deshmukh · 2023:BHC-AS:29562

The High Court held that termination of tenancy and eviction by a public body must be fair and justified, and use of premises as transit accommodation does not constitute unauthorized occupation warranting eviction under the PPE Act.

property appeal_allowed Significant Public Premises (Eviction of Unauthorised Occupants) Act, 1971 Termination of tenancy Change of user Transit accommodation

Bakhtawar Construction Co. Pvt. Ltd. v. Deputy Commissioner of Income Tax

06 Oct 2023 · K. R. Shriram; Neela Gokhale

The Bombay High Court held that reopening an income tax assessment on an issue already considered during original proceedings amounts to impermissible change of opinion and quashed the reopening notice issued under Section 148.

tax petition_allowed Significant Income Tax Act 1961 Section 50C Section 147 Section 148

Royal Accord Avenue CHS Ltd. v. District Deputy Registrar, Co-operative Societies, Mumbai City & Ors.

06 Oct 2023 · Milind N. Jadhav

The Bombay High Court struck down two onerous conditions imposed by the Registrar as ultra vires in granting Deemed Conveyance to a housing society, directing unconditional conveyance subject to other formalities.

property petition_allowed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 Registrar powers Condition precedent

Noshir Darabshaw Talati v. Deputy Commissioner of Income-tax

06 Oct 2023 · K. R. Shriram; Neela Gokhale

The Bombay High Court held that reopening of income tax assessment beyond four years is invalid if the assessee has made full and true disclosure of all material facts at the time of original assessment, quashing the reopening notice issued under Section 148.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Full and true disclosure