High Court of Bombay

4,240 judgments

Year:

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

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

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

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 1

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

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