High Court of Bombay
5,061 judgments
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The Bombay High Court held that ONGC, as a principal employer under Section 2(f)(i) of the Payment of Gratuity Act, is liable to pay gratuity to contract workers and that the Controlling Authority has jurisdiction to determine such liability, overruling the Appellate Authority's reliance on Cummins (I) Ltd.
Colossustex Private Limited & Ors. v. Union of India & Ors.
The Bombay High Court struck down the three-month time limit in Circular No.36/2010 for amendment of shipping bills as ultra vires Section 149 of the Customs Act, allowing petitioners' amendment requests to be considered on merits.
Sagar @ Nikhil Jagdish Kate v. The State of Maharashtra
The Bombay High Court allowed bail to the appellant in a murder case under IPC and SCST Act due to contradictions in evidence and prolonged pre-trial custody, imposing strict conditions to safeguard the trial.
Anand Prakash Mittal v. State of Maharashtra
The Bombay High Court held that a public servant deputed to a subsidiary company abroad retains public servant status, Indian courts have jurisdiction, and sufficient prima facie case exists to proceed to trial, dismissing the petition for discharge.
The State of Maharashtra v. Ajay Rajendra Pawar; Fulchand Kondiba Khade
The Bombay High Court dismissed the State’s review petitions and directed implementation of a final refund order, holding that a ministerial order cannot be reviewed after High Court approval and condemning discriminatory State conduct.
Vijayalaxmi Shrinivas Panditrao v. Deputy Conservator of Forest, Kolhapur
The Bombay High Court held that land judicially declared as agricultural and excluded from vesting as private forest cannot be designated as reserved forest without prior Central Government approval, allowing correction of mutation entries accordingly.
Sughosh Joshi v. Election Commission of India & Union of India
The Bombay High Court held that the Election Commission cannot refuse to hold a bye-election within six months on grounds of administrative difficulty and must ensure timely representation of a vacant parliamentary seat.
UPL Limited v. The Union of India
The Bombay High Court quashed a 12-year-old show cause notice for service tax due to inordinate and unjustified delay in adjudication, emphasizing strict adherence to statutory timelines and principles of natural justice.
Dhyan Investments & Trading Company Ltd. v. Central Bureau of Investigation
The High Court held that while the petition to quash charges framed is maintainable under Article 226 and Section 482 CrPC due to absence of alternate remedy, the settlement between other parties does not extinguish criminal liability against the petitioners, and thus the criminal proceedings cannot be quashed.
Shivaji Punjaram Gaikwad v. The State of Maharashtra
The Bombay High Court acquitted the appellant of murder charges due to failure of the prosecution to establish a complete and reliable chain of circumstantial evidence beyond reasonable doubt.
M/s. Nav Maharashtra Cement Industries v. The Directorate of Industries
The Bombay High Court held that cancellation of sales tax incentive certificates without explicit scheme conditions and without proper authority under Section 41-C is illegal and must be prospective, quashing the impugned cancellations and recovery proceedings.
Sakharam G. Mahadik & Another v. Swagat Builders and Developers & Others
The Bombay High Court allowed the revision applications and rejected the plaint in a civil suit challenging municipal corporation resolutions and seeking compensation, holding the suit barred by statutory limitation and non-disclosure of cause of action under Order 7 Rule 11 CPC.
Jeetendra Gorakhnath Singh & Neetu Ojha Singh v. Yash Suresh Malani & Tanya Yash Malani
The High Court set aside the dismissal of an adoption petition and custody order, directing a full trial to determine validity of adoption under HAMA, emphasizing the necessity of actual giving and taking with consent and proper judicial inquiry.
Trishul Media Entertainment v. Retrophiles Private Limited & Ors.
The Bombay High Court dismissed the Plaintiff's claim for on-screen credits and representative suit status, holding that the Plaintiff was in material breach and lacked commonality of interest with its employees under Order I, Rule 8 CPC.
Sarveshwar Logistics Services Pvt. Ltd. v. Union of India
The Bombay High Court held that a new customs circular cannot be applied retrospectively to deny exemption from cost recovery charges, directing exemption from the date of the original application despite administrative delays.
Deenbandhu Singh Shivsaran Singh v. Bharat Tarachand Bhaglat & Ors.
The Bombay High Court allowed the appeal to enhance compensation for death in a motor vehicle accident, applying the multiplier method and considering the deceased's potential income based on classmates' earnings.
Sanjiv Manmohan Gupta v. Sai Estate Consultants Chembur Pvt. Ltd.
The Bombay High Court held that arbitration clauses in accepted invoices constitute a valid arbitration agreement and referred the dispute to arbitration, limiting the Section 11 Court’s role to prima facie assessment.
Parekh Plastichem Distributors LLP v. Simplex Infrastructure Limited
The Bombay High Court held that the arbitration clause in the main purchase orders governs the dispute, not the clause in the invoices, and dismissed the application for appointment of an arbitrator for lack of jurisdiction.
Allarkha Ismail v. The State of Maharashtra
The Bombay High Court dismissed the writ petition challenging a deemed conveyance and redevelopment, holding that disputed title issues must be adjudicated in civil court and not in writ jurisdiction.
Nitin Aganda Lade v. The State of Maharashtra
The Bombay High Court allowed the appeal and acquitted the appellant in a murder case due to insufficient circumstantial evidence and denial of opportunity to cross-examine a key witness.