High Court of Bombay

5,131 judgments

Year:

Indumati Borse v. Pune Municipal Corporation & Ors.

17 Oct 2023 · G. S. Patel; Kamal Khata
Cites 0 · Cited by 17

The Bombay High Court upheld the Pune Municipal Corporation's lawful discretion to install and relocate a public statue on acquired land, dismissing the petition challenging it as motivated by private commercial interests without legal basis.

administrative petition_dismissed Significant Maharashtra Municipal Corporation Act, 1949 statue installation public purpose municipal corporation powers

Ashapura Minechem Ltd. v. Indian Bureau of Mines & Ors.

17 Oct 2023 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 1

The court upheld the statutory cut-off date for mining lease execution under the Mines Act, dismissed the petitioner’s claim of retrospective application of amendments, and held the mining lease invalid for non-compliance with mandatory conditions including environmental clearance.

administrative petition_dismissed Significant Mines and Minerals (Development and Regulation) Act, 1957 Section 10A(2)(c) Section 4A(4) mining lease lapse

Prestige Estate Projects Ltd v. State of Maharashtra & Ors

16 Oct 2023 · G. S. Patel; Kamal Khata

The Bombay High Court held that the concessional premium rebate for additional FSI granted during COVID-19 is valid only during the IoD's statutory validity, and upon lapse, developers must pay premium at prevailing rates for revalidation.

administrative appeal_dismissed Significant Floor Space Index Additional FSI premium Government Resolution 2021 Intimation of Disapproval

Omkar Dattatraya Dangat v. State of Maharashtra

16 Oct 2023 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction under IPC and POCSO, holding that a birth certificate is sufficient proof of minority and the appellant's consent defense is immaterial under the POCSO Act.

criminal appeal_dismissed Significant POCSO Act minor birth certificate Section 35 Indian Evidence Act

Vikas BabbarSingh Itkan v. The State of Maharashtra

16 Oct 2023 · M. S. Karnik · 2023:BHC-AS:31040

The Bombay High Court held that possession of exactly 1 kg of charas is intermediate quantity under the NDPS Act, allowing bail with conditions as Section 37 rigours do not apply.

criminal appeal_allowed Significant NDPS Act commercial quantity intermediate quantity charas

Pramod R. Agrawal v. Principal Commissioner of Income Tax-5

13 Oct 2023 · K.R. Shriram; Rajesh S. Patil
Cites 1 · Cited by 2

The Bombay High Court held that the Commissioner has wide powers under Section 264 of the Income Tax Act to revise orders and grant relief even for claims not made in the original return, remanding the matter for fresh consideration.

tax appeal_allowed Significant Section 264 Income Tax Act Revisionary powers Indexed cost of improvement Rectification under Section 154

Swiss Re Services India Pvt Ltd v. Deputy Commissioner of Income Tax

13 Oct 2023 · K.R. Shriram; Rajesh S. Patil
Cites 0 · Cited by 1

The Bombay High Court held that entrance and subscription fees for club membership are revenue expenditure deductible under Section 37(1) of the Income Tax Act, quashing the reassessment notice issued under Section 148.

tax petition_allowed Significant Income Tax Act 1961 Section 37(1) Section 148 Revenue expenditure

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
Cites 0 · Cited by 4

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