High Court of Bombay

5,131 judgments

Year:

Agarwal Associates & Agencies v. Vinay Fabrics Pvt. Ltd.

26 Sep 2023 · Kamal Khata

The Bombay High Court held that acknowledgment in corporate balance sheets extends limitation, granted conditional leave to defend subject to deposit, and rejected the defendant's dismissal application in a commercial loan recovery suit.

civil appeal_allowed Significant acknowledgment limitation Order VII Rule 11 CPC conditional leave to defend

Sai Chintan C.H.S.LTD. v. The State of Maharashtra

26 Sep 2023 · Sunil B. Shukre; R.N. Laddha

The Bombay High Court held that a housing society has the right to develop its property through a new developer despite pending contractual disputes, directing the municipal corporation to process redevelopment plans without insisting on termination orders.

civil appeal_allowed Significant development agreement unilateral termination housing society redevelopment

Kalyan - Dombivli Municipal Corporation v. Vijay Namdeo Jadhav

26 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's award directing reinstatement of a long-serving temporary employee terminated during judicial custody without due process, affirming his deemed permanency and right to back wages post acquittal.

labor appeal_dismissed Significant termination without due process deemed permanency judicial custody reinstatement with continuity

Star Health and Allied Insurance Co. Ltd. v. Office of Insurance Ombudsman Mumbai & Goa

25 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the Insurance Ombudsman's award directing the insurer to pay a health insurance claim for accident-related disc prolapse surgery, rejecting the insurer's contention of a chronic condition exclusion.

civil appeal_dismissed Significant Health Insurance Policy Exclusion Clause Prolapse of Intervertebral Disc Accident

CitiusTech Healthcare Technology Pvt. Ltd. v. Deputy Commissioner of Income Tax Circle-1(2)(1)

25 Sep 2023 · K. R. Shriram; Neela Gokhale

The Bombay High Court held that reopening of income tax assessment based on a mere change of opinion without failure to disclose material facts is impermissible and quashed the reassessment notices and orders.

tax petition_allowed Significant Income-tax Act, 1961 Section 147 Section 148 Reopening of assessment

Shakuntala Karamveer Sarsath v. Atul Mohite & Ors.

25 Sep 2023 · A. S. Gadkari; Sharmila U. Deshmukh
Cites 0 · Cited by 1

The Bombay High Court dismissed the petition challenging the lawful detention and rehabilitation of a beautician identified as a victim of prostitution, holding no violation of fundamental rights occurred.

criminal petition_dismissed Significant Immoral Traffic (Prevention) Act illegal detention fundamental rights Article 19(1)(g)

Jyoti Sharadchandra Lohokare v. The Managing Committee, Shreeji Ville CHS Ltd. & Ors.

25 Sep 2023 · Madhav J. Jamdar, J.

The Bombay High Court upheld the validity of a co-operative housing society's levy of charges for cultural activities approved by its General Body under the Maharashtra Cooperative Societies Act and bye-laws.

administrative petition_dismissed Significant Co-operative Housing Society Maharashtra Cooperative Societies Act, 1960 Bye-laws Cultural activities charges

Brihan Mumbai Electric Supply and Transport v. BEST Jagrut Kamgar Sanghatana

25 Sep 2023 · Milind N. Jadhav

The Bombay High Court upheld the condonation of nearly six years' delay in filing a labour complaint by casual workers, emphasizing a liberal approach to delay and directing adjudication on merits.

labor appeal_dismissed Significant condonation of delay casual workers unfair labour practices limitation

Haresh Vijaysinh Bhatia & Ors. v. Vijay-II Co-op. Hsg. Soc. Ltd. & Ors.

25 Sep 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Competent Authority's order granting unilateral deemed conveyance including Wing-D to Vijay-II CHS, holding that the fresh application was maintainable and the Authority acted within its jurisdiction under MOFA.

property appeal_dismissed Significant Maharashtra Ownership Flats Act, 1963 Section 11 MOFA unilateral deemed conveyance res judicata

Kamla Industrial Park Ltd & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

21 Sep 2023 · G. S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that the MCGM cannot impose a regularization penalty on a corporate debtor post-IBC resolution plan approval if such penalty was not claimed during insolvency, emphasizing extinguishment of prior liabilities and municipal inaction.

civil petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Resolution Plan Regularization Penalty Municipal Corporation of Greater Mumbai

Kamla Industrial Park Ltd v. Ramchandra Sankpal

21 Sep 2023 · G.S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that the MCGM cannot impose a regularization penalty on a corporate debtor post-IBC resolution plan approval if the penalty claim was not included in the plan, emphasizing municipal inaction and the 'clean slate' principle under the IBC.

administrative petition_allowed Significant Insolvency and Bankruptcy Code, 2016 Resolution Plan Regularization Penalty Municipal Corporation of Greater Mumbai

Mustafa Ibrahim Nadiadwala & Ors. v. The State of Maharashtra & Ors.

21 Sep 2023 · B. P. Colabawalla; M. M. Sathaye

The Bombay High Court quashed land acquisition proceedings and restored possession of the petitioners' 50% share in the land, relying on the Supreme Court's prior ruling that non-compliance with Section 4(1) of the Land Acquisition Act renders acquisition null and void.

property appeal_allowed Significant Land Acquisition Act 1894 Section 4(1) publication acquisition proceedings null and void possession restoration

Mahesh Sitaram Raut v. National Investigation Agency & State of Maharashtra

21 Sep 2023 · A. S. Gadkari; Sharmila U. Deshmukh
Cites 1 · Cited by 0

The Bombay High Court granted bail to the appellant accused under the UAP Act, holding that the prosecution failed to establish a prima facie case against him beyond hearsay evidence and prolonged pre-trial detention warranted bail.

criminal appeal_allowed Significant bail Unlawful Activities (Prevention) Act National Investigation Agency prima facie case

Vishal Laxman Sakhare v. The State of Maharashtra & Ors.

21 Sep 2023 · GS Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court set aside the disqualification of a Gram Panchayat member for alleged tax default, holding that liability rests with the property owner at the relevant time and emphasizing the application of Wednesbury unreasonableness and proportionality in administrative decisions.

administrative petition_allowed Significant Maharashtra Village Panchayats Act, 1958 disqualification Section 14(1)(h) tax liability

Kalpana Madhu Gavali & Ors. v. Maharashtra State Road Transport Corporation

21 Sep 2023 · Abhay Ahuja

The Bombay High Court allowed enhancement of compensation to the family of a deceased agricultural labourer in a motor accident by applying future prospects and increasing conventional heads, following Supreme Court precedents.

civil appeal_allowed Significant Motor Vehicles Act, 1988 future prospects notional income agricultural labourer

Play Games 24X7 Pvt. Ltd. v. Loran Leasing And Infotech Pvt. Ltd.

20 Sep 2023 · Kamal Khata

The Bombay High Court granted conditional leave to defend a summary suit for refund of security deposit delayed due to COVID-19 lockdown, rejecting the licensor's claim of forfeiture without adjudication.

civil appeal_allowed Significant Leave and License Agreement Security deposit refund Summary suit COVID-19 lockdown

Vaibhav Subhash Raut v. The State of Maharashtra

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

The Bombay High Court granted bail to an accused under UAPA after prolonged incarceration and trial delay, emphasizing the balance between statutory restrictions and constitutional rights.

criminal appeal_allowed Significant bail under UAPA prolonged incarceration parity with co-accused prima facie evidence

Unnat Nagar Division 3 Co-operative Housing Society Limited v. State of Maharashtra

18 Sep 2023 · Sandeep V. Marne

The Bombay High Court upheld the bifurcation of a cooperative housing society under Section 18 of the MCS Act, holding that substantial compliance with procedural requirements including consultation with the Federal Society validates the subdivision despite minor procedural deviations.

property petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 18 Rule 17 bifurcation of cooperative society

Vaman Prestressing Co. Pvt. Ltd. v. The Additional Commissioner of Income Tax

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

The Bombay High Court held that reopening income tax assessments under Section 147 requires a genuine reason to believe income escaped assessment, and interest on borrowed funds advanced interest-free to associate concerns is deductible if made as a measure of commercial expediency.

tax petition_allowed Significant Section 147 Income Tax Act Section 148 Income Tax Act Section 36(1)(iii) deduction commercial expediency

Neetu M. Chandaliya v. Income Tax Officer – 14(2)(3)

15 Sep 2023 · K. R. Shriram; Dr. N. K. Gokhale
Cites 1 · Cited by 4

The Bombay High Court quashed reopening notices under Section 148 of the Income Tax Act for lack of valid reason to believe that income had escaped assessment, emphasizing the AO's duty to apply independent mind and not act on mere suspicion or borrowed satisfaction.

tax appeal_allowed Significant Section 147 Income Tax Act reopening assessment reason to believe borrowed satisfaction