High Court of Bombay

5,131 judgments

Year:

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

Hatim Fidaali Rajkotwala and Anr. v. Land Acquisition Officer, The Collector and District Magistrate, Mumbai City & Anr.

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

The Bombay High Court held that delayed payment of land acquisition compensation due to failure to deposit with the reference authority attracts interest under Sections 77(2) and 80 of the 2013 Act, and directed payment of interest to the legal heirs.

property petition_allowed Significant land acquisition compensation Section 77(2) 2013 Act Section 80 2013 Act

Smt. Priyanka Patro v. Shri Arvind Rajasekar

06 Oct 2023 · Abhay Ahuja

The Bombay High Court allowed the transfer of divorce proceedings to Pune, prioritizing the wife's convenience and caregiving responsibilities over the husband's inconvenience.

family appeal_allowed Significant transfer of proceedings Section 24 CPC convenience of wife matrimonial dispute

Bombay Electric Supply and Transport Undertaking v. Pradeep Gyanchandra Dubey

05 Oct 2023 · Abhay Ahuja
Cites 2 · Cited by 0

The High Court upheld the Motor Accident Claims Tribunal’s award holding the BEST bus driver negligent, rejected contributory negligence against the claimant, and confirmed compensation of Rs. 13,50,073 with interest.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 negligence contributory negligence compensation

Reliance Gen Insurance Co Ltd v. Nitin Madhukar Dighe & Ors.

05 Oct 2023 · Abhay Ahuja

The Bombay High Court upheld the motor accident compensation awarded to the deceased's parents, affirming salary evidence via Form 16 and recognizing loss of filial consortium as compensable under the Motor Vehicles Act.

civil appeal_dismissed Significant motor accident claim compensation average monthly salary Form 16

City Industrial Development Corporation of Maharashtra Ltd. v. Dinesh Suresh Bhoir

05 Oct 2023 · Milind N. Jadhav
Cites 3 · Cited by 0

The High Court held that a contractual Assistant Law Officer lacking prescribed qualifications and appointed without due recruitment process is not a 'workman' entitled to permanency under labour laws, setting aside the Industrial Court's order directing permanent appointment.

labor appeal_allowed Significant unfair labour practices permanency workman definition contractual employment

Rahul Pramod Yadav v. The Registrar (General), High Court of Bombay & Ors.

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

The Bombay High Court dismissed the writ petition challenging the promotion process for Assistant Section Officer, holding that suitability criteria framed by the Chief Justice are valid and the petitioner failed to meet minimum passing marks and procedural requirements.

administrative petition_dismissed Significant promotion seniority-cum-suitability Annual Confidential Reports viva-voce

M/s. Aluwid Architectural Private Ltd and Others v. Housabai Jagannath Gavhane and Others

04 Oct 2023 · N. J. Jamadar

The Bombay High Court held that the Superintendent of Land Records lacked jurisdiction to condone a 50-year delay in appealing a consolidation scheme mutation, as powers to vary or correct such schemes must be exercised within a reasonable time, ordinarily three years.

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

Samantawadi Mahila Vikas Foundation v. Municipal Corporation of Greater Mumbai

04 Oct 2023 · Sandeep V. Marne
Cites 3 · Cited by 0

The Bombay High Court dismissed appeals by NGOs occupying municipal gymnasiums on expired caretaker agreements, holding they have no legal right to continue occupation and that revocation without fresh show cause notices was valid.

civil appeal_dismissed Significant caretaker agreement municipal corporation revocation of permission temporary injunction

Samantawadi Mahila Vikas Foundation v. Municipal Corporation of Greater Mumbai

04 Oct 2023 · Sandeep V. Marne

The Bombay High Court held that caretaker licensees under expired agreements have no right to continue occupying municipal gymnasium premises, and the Municipal Corporation can revoke permission without fresh show cause notices or eviction proceedings under Section 105B.

civil appeal_dismissed Significant caretaker license municipal property revocation of permission Section 105B Mumbai Municipal Corporation Act

Popat B. Bhalerao v. Union of India

03 Oct 2023 · Milind N. Jadhav

The Bombay High Court quashed the compulsory retirement of a government employee due to violation of natural justice and ordered full back wages with continuity of service.

labor appeal_allowed Significant compulsory retirement departmental inquiry natural justice Industrial Disputes Act, 1947

Dhananjay S. Kamodkar v. M/s. Motor Industries Company Ltd

03 Oct 2023 · Milind N. Jadhav

The Bombay High Court upheld the termination of an employee for habitual unauthorized absenteeism, affirming the fairness of the departmental enquiry and rejecting the claim for reinstatement and back wages.

labor petition_dismissed Significant departmental enquiry unauthorized absenteeism termination principles of natural justice

The State of Maharashtra v. Dr. Anil Kacharu Shinde

03 Oct 2023 · Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court upheld the acquittal of a medical officer accused of accepting a trivial bribe, holding that prosecution sanction was invalid and the evidence insufficient to prove corruption.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 sanction for prosecution Section 19 P.C. Act bribery

Dhanista Builders and Developers v. The Municipal Corporation

03 Oct 2023 · N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court partly allowed the appeal restraining the Municipal Corporation from constructing beyond original building dimensions on private land without consent or acquisition, clarifying the maintainability of injunction suits without possession and the limited scope of Section 527 MMC Act bar.

civil appeal_allowed Significant temporary injunction prima facie title Section 527 Mumbai Municipal Corporation Act adverse possession