High Court of Bombay

5,131 judgments

Year:

Shri Ashok Bapu Kamble v. Maharashtra State Road Transport Corporation, Kolhapur Division

03 Oct 2023 · Milind N. Jadhav

The High Court set aside the Industrial Court’s judgment upholding departmental enquiry findings against a driver, holding the enquiry findings perverse due to reliance on unexamined police evidence and lack of proof of rash driving.

labor petition_allowed Significant departmental enquiry perverse findings rash and negligent driving natural justice

Sulzer Pumps India Private Limited v. Jayendra Arun Jog

03 Oct 2023 · N. J. Jamadar

The Bombay High Court upheld the Industrial Court's finding that the employee was a workman and quashed his transfer as mala fide and an unfair labour practice under the Maharashtra Recognition of Trade Union Act, 1971.

labor appeal_dismissed Significant workman status transfer of employee unfair labour practice mala fide transfer

Makersburry India Pvt. Ltd. v. State of Maharashtra

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

The Bombay High Court quashed the cancellation of GST registration due to defective show cause notice and non-application of mind by authorities, restoring the petitioner’s registration and directing adherence to due process in future proceedings.

tax appeal_allowed Significant GST registration cancellation show cause notice principles of natural justice non-application of mind

M/s. Apna Chemist v. Assistant Commissioner (Zone-3)

03 Oct 2023 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the appellate authority must expeditiously hear and decide appeals against license suspension orders and stay such suspensions pending appeal to ensure effective remedy and protect fundamental rights.

administrative appeal_allowed Significant Drugs and Cosmetics Act, 1940 license suspension statutory appeal interim relief

M/s. Apna Chemist v. Assistant Commissioner (Zone-3)

03 Oct 2023 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that appellate authorities must expeditiously hear appeals and grant interim relief against license suspension orders under the Drugs and Cosmetics Rules to ensure effective remedy and protect fundamental rights.

administrative appeal_allowed Significant Drugs and Cosmetics Act, 1940 Drugs and Cosmetics Rules, 1945 license suspension statutory appeal

M/s. Apna Medical LLP v. Assistant Commissioner (Zone-3)

03 Oct 2023 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the appellate authority must expeditiously hear appeals and grant interim relief against license suspension orders under the Drugs and Cosmetics Rules to ensure effective remedy and protect fundamental rights.

administrative appeal_allowed Significant Drugs and Cosmetics Act, 1940 license suspension statutory appeal interim relief

Achyut Shridhar Godbole v. Pravin Vikkram Satra

29 Sep 2023 · Manish Pitale
Cites 1 · Cited by 0

The Bombay High Court held the Respondent guilty of contempt for willful violation of court undertakings and directions in a prolonged real estate possession dispute, rejecting limitation and impossibility defenses, and emphasized the need for punishment and purging of contempt.

civil conviction_upheld Significant contempt of court continuing wrong limitation undertakings to court

Fayzan Khan and Ors. v. Superintendent of Land Records and Ors.

29 Sep 2023 · N. J. Jamadar

The High Court upheld the refusal to grant leave under Section 91(1)(b) CPC for a suit alleging wrongful acts affecting public interest, holding the dispute was private and did not warrant public interest litigation.

civil appeal_dismissed Significant Section 91 CPC public nuisance wrongful act locus standi

Palghar Taluka Industrial Federation v. Sadanand Dadu Bhoir

29 Sep 2023 · N. J. Jamadar

The court held that disciplinary termination is not retrenchment under Section 2(oo) of the Industrial Disputes Act and an employer can justify termination without prior inquiry by adducing evidence before the Labour Court, remitting the matter for fresh adjudication.

labor appeal_allowed Significant termination disciplinary inquiry retrenchment Section 25F Industrial Disputes Act

Neelam Nitin Sampat v. State of Maharashtra

29 Sep 2023 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court held that illegal arrest and detention in bailable offences violates Article 21, awarded compensation, and directed inquiry against errant police officers.

criminal petition_allowed Significant illegal detention bailable offence Article 21 habeas corpus

Bond Safety Belts v. The Deputy Commissioner of Income Tax

27 Sep 2023 · K. R. Shriram; Kamal Khata

The Bombay High Court allowed the set-off of unabsorbed depreciation against short term capital gains, overruling the ITAT and affirming the Finance Act, 2001 amendment and CBDT Circular No. 14 of 2001 permitting unrestricted carry forward and set-off of unabsorbed depreciation under any income head.

tax appeal_allowed Significant unabsorbed depreciation set-off Income Tax Act, 1961 Section 32(2)

Dolby Builders Private Ltd. v. Municipal Corporation of Greater Mumbai

27 Sep 2023 · Sunil B. Shukre; M.W. Chandwani

The Bombay High Court held that Ministry of Defence circulars imposing construction restrictions near Defence Establishments without following the Works of Defence Act, 1903 procedure are ultra vires, invalidating the requirement of NOC from Defence authorities for development permission.

property petition_allowed Significant Works of Defence Act, 1903 Article 300A No Objection Certificate Defence Establishment

SNV Aviation Private Limited v. Capt. Gareema Kumar

27 Sep 2023 · S. M. Modak

The Bombay High Court held that part of the cause of action arising from employment contract disputes occurred within Mumbai, granting leave to sue despite defendants' objections to jurisdiction.

civil appeal_allowed Significant jurisdiction cause of action leave to sue Letters Patent Clause XII

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

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