High Court of Bombay

5,061 judgments

Year:

Smt. Rekha Manohar Ghansharamani & Ors. v. Janardhan Prasad Chaturvedi & Ors.

12 Sep 2023 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the appeal, holding that the partnership dissolved on a partner's death and the suit challenging sale agreements was barred by limitation.

civil appeal_dismissed Significant partnership dissolution death of partner limitation period Order VII Rule 11 CPC

Hemant Dinkar Kandlur v. Commissioner of Income Tax

12 Sep 2023 · K. R. Shriram; Dr. N. K. Gokhale

The Bombay High Court held that the 2014 amendment restricting capital gains exemption under Section 54(F) to properties purchased 'in India' is prospective and does not apply to investments made abroad before 1st April 2015, allowing the petitioner’s claim.

tax appeal_allowed Significant Section 54(F) Income Tax Act Finance (No.2) Act 2014 amendment capital gains exemption non-resident Indian

Meeti Developers Private Limited v. New Kamal Kunj Co-operative Housing Society Limited

12 Sep 2023 · Bharati Dangre

The Bombay High Court upheld the housing society's termination of the development agreement with Meeti Developers due to defaults and refused interim relief to the developer, allowing the society to proceed with redevelopment through other means.

civil appeal_dismissed Significant Development Agreement Addendum Agreement Arbitration Petition Interim Injunction

Undercarriage and Tractor Parts Pvt. Ltd. v. Dispute Resolution Panel – 3

12 Sep 2023 · K. R. Shriram; Dr. N. K. Gokhale · 442 ITR 289
Cites 0 · Cited by 2

The Bombay High Court held that the Dispute Resolution Panel has no jurisdiction to issue directions after the Assessing Officer passes the final assessment order, quashing the DRP's directions and consequent assessment order.

tax petition_allowed Significant Dispute Resolution Panel Section 144C Income Tax Act Assessment order Jurisdiction

Nandu Maruti Pol v. Satishkumar Satyanarayan Agarwal

12 Sep 2023 · Sharmila U. Deshmukh · 2023:BHC-AS:26677

The Bombay High Court held that the executing Court erred in granting extension of time for deposit of balance consideration after an inordinate delay without sufficient explanation, and quashed the order allowing such extension in a specific performance decree execution.

civil appeal_allowed Significant specific performance extension of time Section 28 Specific Relief Act execution proceedings

The Chief Executive Officer, Zilla Parishad, Nashik v. Balu Baburao Dhanwate; The Chief Executive Officer, Zilla Parishad, Nashik v. Dadasaheb Gangadhar Shete

12 Sep 2023 · Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court upheld the reinstatement of Muster Assistants terminated without statutory compliance, affirming their status as workmen entitled to protection under labour laws.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 unfair labour practice Muster Assistant Employment Guarantee Scheme

Anupam Mittal v. People Interactive (India) Pvt. Ltd.

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

The Bombay High Court granted an anti-enforcement injunction restraining enforcement of a Singapore anti-suit injunction, holding that oppression and mismanagement disputes are non-arbitrable and exclusively within the NCLT's jurisdiction under Indian law.

civil appeal_allowed Significant anti-enforcement injunction anti-suit injunction oppression and mismanagement NCLT exclusive jurisdiction

Sakhawat Ibrahim Naik v. Maharashtra State Road Transport Corporation

11 Sep 2023 · Milind N. Jadhav
Cites 0 · Cited by 1

The High Court held that reinstatement means restoration to the original post and directed the petitioner to be reinstated as wireman with full back wages, setting aside dismissal and Industrial Court’s order dismissing unfair labour practice complaint.

labor appeal_allowed Significant reinstatement unfair labour practice back wages disciplinary enquiry

M/s. Stanship Logistics Pvt. Ltd. v. The Deputy Commissioner of State Tax

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

The Bombay High Court held that a person against whom a CGST detention order is passed can file an appeal even if tax and penalty are paid by another party on his behalf, and directed the appellate authority to admit and decide the appeal on merits.

tax appeal_allowed Significant Section 129 CGST Act appeal entitlement tax and penalty payment aggrieved person

Amar Shamrao Kolekar v. The State of Maharashtra

08 Sep 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court held that detention of a bail-granted accused without lawful order is illegal and ordered his immediate release despite pending bail cancellation proceedings.

criminal petition_allowed Significant illegal custody bail release memo production warrant

Devika Dhiraj Patil v. Dhiraj Sunil Patil

08 Sep 2023 · Abhay Ahuja
Cites 0 · Cited by 1

The Bombay High Court allowed the wife's application to transfer divorce proceedings from Nashik to Pune, emphasizing the wife's convenience as paramount in matrimonial transfer cases under Section 24 CPC.

family appeal_allowed Significant Section 24 CPC transfer of matrimonial proceedings wife's convenience Hindu Marriage Act 1955

Pravin Laxmidas Tanna v. Kusumben A. Kakkad

07 Sep 2023 · Milind N. Jadhav
Cites 0 · Cited by 2

The Bombay High Court upheld the validity of a 2004 Will, affirming exclusive Probate Court jurisdiction and ordering probate in favor of the plaintiff after rejecting forgery and mental incapacity claims.

civil appeal_allowed Significant Probate Court jurisdiction Last Will and Testament Indian Succession Act Section 63 Handwriting expert report

Zee Entertainment Enterprises Limited v. Triller Inc

07 Sep 2023 · Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court granted summary judgment in favour of Zee Entertainment for recovery of unpaid license fees with interest, rejecting the Defendant's plea of prematurity and non-compliance with mandatory pre-suit mediation.

civil appeal_allowed Significant Commercial Courts Act 2015 Section 12-A summary suit interim relief

Baramati Agro Ltd. v. Maharashtra Pollution Control Board & Ors.

07 Sep 2023 · Nitin Jamdar; Manjusha Deshpande

The Bombay High Court quashed the Maharashtra Pollution Control Board’s closure order against Baramati Agro Limited for procedural lapses and failure to apply the doctrine of proportionality, remanding the matter for fresh consideration.

administrative appeal_allowed Significant Maharashtra Pollution Control Board closure order principles of natural justice doctrine of proportionality

Amol Ashok Inamdar v. Bhalchandra Damodar Thakare

06 Sep 2023 · Anuja Prabhudessai
Cites 0 · Cited by 1

The Bombay High Court dismissed the revision application challenging eviction of tenants on the ground of landlord’s bonafide and reasonable requirement, upholding the validity of a consent decree partition and concurrent findings of lower courts.

civil appeal_dismissed Significant Maharashtra Rent Control Act Section 16(1)(g) bonafide requirement eviction

Atul Projects India Pvt Ltd v. Municipal Corporation of Greater Mumbai & Ors.

05 Sep 2023 · GS Patel; Kamal Khata · 2014 SCC OnLine Bom 354
Cites 1 · Cited by 0

The Bombay High Court held that a draft modification notification not finally sanctioned cannot override existing Development Control Regulations or binding judicial rulings, and directed the MCGM to allow the petitioner to adjust DP Road reservation against amenity space as per settled law.

administrative petition_allowed Significant Development Control Regulations DP Road reservation Amenity space adjustment Maharashtra Regional and Town Planning Act

Sinochem India Company Pvt. Ltd. v. Assistant Commissioner of Customs

05 Sep 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that amendment of Bill of Entry GSTIN details post-clearance is permissible under Section 149 of the Customs Act if documentary evidence existed at clearance, and Customs officers cannot reject such amendment by applying GST law provisions extraneous to the Customs Act.

administrative appeal_allowed Significant Section 149 Customs Act amendment of Bill of Entry GSTIN amendment jurisdiction of Customs officer

M/s. CWT India Private Limited v. Assistant Commissioner of Income Tax Circle-1(2)(1)

04 Sep 2023 · K. R. Shriram; Dr. N. K. Gokhale
Cites 0 · Cited by 9

The Bombay High Court held that failure to issue a mandatory draft assessment order under Section 144C(1) of the Income-tax Act renders the final assessment order without jurisdiction and quashed the impugned orders accordingly.

tax petition_allowed Significant Section 144C(1) Income-tax Act draft assessment order Transfer Pricing Officer Dispute Resolution Panel

World Crest Advisors LLP v. Catalyst Trusteeship Limited & Ors.

04 Sep 2023 · R.I. Chagla J

The Court held that a pledgee holds only a special interest in pledged shares without ownership or voting rights, and where the underlying loan transaction is vitiated by fraud, the pledge is void ab initio, but declined interim relief restraining the pledgee’s exercise of rights pending final adjudication.

civil appeal_dismissed Significant pledge of shares special interest ownership rights voting rights

Ashok Commercial Enterprises v. Assistant Commissioner of Income Taxation

04 Sep 2023 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that assessment orders under Section 153C read with Section 144 without issuance of mandatory notice under Section 143(2) and without a DIN are invalid, and jurisdiction to reassess under Section 153C requires incriminating material found during search.

tax appeal_allowed Significant Section 153C Income Tax Act Section 144 Income Tax Act Assessment order validity Document Identification Number DIN