High Court of Bombay

5,131 judgments

Year:

Milind Dashrath Narvekar v. State of Maharashtra & Ors.

15 Sep 2023 · GS Patel; Kamal Khata

The Bombay High Court held that the State Government and MHADA cannot impose reservation and advertisement conditions on the allotment of land to a cooperative housing society of High Court employees after giving undertakings accepted by the Court, affirming the society's entitlement to full development potential on the allotted land.

administrative petition_allowed Significant MHADA Regulation 13(2) Reservation of tenements Legitimate expectation Public land allotment

Priyanka Rahul Patil v. Rahul Ravindra Patil

15 Sep 2023 · Abhay Ahuja

The Bombay High Court allowed transfer of divorce proceedings to the wife's local court, prioritizing her convenience and health over the husband's willingness to bear travel expenses.

family appeal_allowed Significant transfer of proceedings convenience of wife Section 24 CPC divorce proceedings

Baburao Madahv Patil v. Shashikal Ramchandra Pimple & Ors.

15 Sep 2023 · Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court dismissed the application for restoration of a civil application and refused stay of execution since the underlying second appeal was dismissed and not restored.

civil petition_dismissed Second Appeal Restoration Dismissal Office Objections

Jitendrakumar Jogendra Shahu @ Sahu v. The State of Maharashtra

15 Sep 2023 · Anuja Prabhudessai; N. R. Borkar
Cites 1 · Cited by 0

The Bombay High Court acquitted the appellants of murder and robbery charges due to insufficient circumstantial evidence and unreliable recoveries, emphasizing the necessity of a complete evidentiary chain to exclude all reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence disclosure statement recovery of stolen property benefit of doubt

The State of Maharashtra v. Amit Surendra Mittal

15 Sep 2023 · Jitendra Jain, J.

The Bombay High Court dismissed the State's appeal upholding acquittal due to failure to prove mandatory service of notice and ownership under section 53(1) of the MRTP Act.

criminal appeal_dismissed Significant Maharashtra Regional and Town Planning Act Section 53(1) unauthorized change of use service of notice

Shri Chhatrapati Rajaram Co-operative Housing Society Ltd. v. The Municipal Corporation of City of Pune

15 Sep 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court held that a landowner is entitled to Transferable Development Rights for land reserved for a Development Plan road if no compensation has been paid and the land has not been declared a public street under Section 224 of the MMC Act.

property appeal_allowed Significant Transferable Development Rights TDR Development Plan road Maharashtra Regional and Town Planning Act

Sayajirao Narayan Takwane v. Divisional Joint Registrar, Co-operative Societies, Pune Division

15 Sep 2023 · Sandeep V. Marne

The Bombay High Court held that orders directing re-audit and auditor's findings are administrative and not subject to revision under Section 154 of the Maharashtra Co-operative Societies Act, setting aside the revision against the re-audit report and directing appeal against enquiry orders to be decided on merits.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 81 audit re-audit Section 154 revision

Faizal Hasamali Mirza @ Kasib v. The State of Maharashtra & Ors.

14 Sep 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court held that the 90-day limitation period for appeals under Section 21(5) of the NIA Act is directory, allowing courts discretion to condone delay beyond 90 days upon sufficient cause, upholding the fundamental right of appeal under Article 21.

criminal appeal_allowed Significant National Investigation Agency Act, 2008 Section 21(5) condonation of delay right of appeal

Tejashree Mangilal Dambale v. The Scheduled Tribe Certificate Scrutiny Committee, Nashik & Ors.

14 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla
Cites 0 · Cited by 1

The Bombay High Court held that a Scheduled Tribe Certificate Scrutiny Committee cannot reject a Validity Certificate granted to a blood relative without proof of fraud or jurisdictional defect and directed issuance of a Tribe Validity Certificate to the petitioner.

administrative appeal_allowed Significant Scheduled Tribe Certificate Validity Certificate Scrutiny Committee Vigilance Cell enquiry

Jui Shivaji Sarjerao v. State of Maharashtra

14 Sep 2023 · Sunil B. Shukre; Firdosh P. Pooniwalla

The Bombay High Court held that the oldest historical entries showing the petitioner’s ancestors as belonging to the Thakar Scheduled Tribe must be accepted, setting aside the Scrutiny Committee’s order and directing issuance of a tribe validity certificate.

administrative petition_allowed Significant Scheduled Tribe Certificate Thakar Tribe Caste entries Oldest entry principle

Shilpchintamani Co-operative Housing Soc. Ltd. v. Prasad Govindrao Jamdar

14 Sep 2023 · Sunil B. Shukre; Manish Pitale; Rajesh S. Patil

The Bombay High Court Full Bench upheld that a second revision application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 is not maintainable, affirming exclusive revisional jurisdiction and distinguishing conflicting Supreme Court precedents based on differing statutory language.

administrative other Significant Maharashtra Co-operative Societies Act, 1960 Section 154 revisional jurisdiction second revision maintainability

P. N. Gadgil & Sons Ltd. v. Union of India

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

The Bombay High Court held that a petitioner is ineligible for the Sabka Vishwas Scheme benefit if the department has not quantified the duty payable before the cut-off date, and upheld rejection of the petitioner's application accordingly.

tax petition_dismissed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 quantification of duty eligibility under SVLDR Scheme excise duty

M/s. J.W. Marriott Juhu v. Nilesh Kanojia & Anr.

13 Sep 2023 · Sandeep V. Marne

The High Court set aside the Labour and Industrial Court orders directing reinstatement of an employee dismissed for theft and misconduct, holding dismissal justified and awarding lumpsum compensation instead.

labor appeal_allowed Significant unfair labour practices theft disciplinary enquiry reinstatement

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

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