High Court of Bombay

5,131 judgments

Year:

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
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 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
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 8

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

Gammon Engineers and Contractors Pvt. Ltd. v. Rohit Sood

04 Sep 2023 · M. S. Sonak; Jitendra S. Jain
Cites 2 · Cited by 0

The Bombay High Court held that the exclusive jurisdiction clause in the original agreement governs the forum for challenging an arbitral award under Section 18 of the MSMED Act, and such challenge must be filed before the Courts at Mumbai as per the Arbitration Act.

civil appeal_allowed Significant MSMED Act Section 18 arbitration Section 34 challenge exclusive jurisdiction clause

Ajay S. Kathuria v. Jayesh Kumar & Co

04 Sep 2023 · G. S. Kulkarni; Advait M. Sethna

The High Court held that a defendant's right to file a written statement within 120 days under Order VIII Rule 1 CPC cannot be forfeited solely due to non-payment of conditional costs, and directed the trial court to take the written statement on record.

civil appeal_allowed Significant Order VIII Rule 1 CPC written statement forfeiture of right payment of costs

Miloni Shah Nee Ramesh Vora v. Orbit Developers & Ors.

01 Sep 2023 · Kamal Khata
Cites 0 · Cited by 3

The Bombay High Court granted a summary decree for recovery of Rs. 2.00 crore with interest against defendants who failed to appear in a suit for refund of amounts paid for a commercial unit.

civil appeal_allowed summary suit Order XXXVII Rule 2 recovery of money interest

Hikal Limited v. Paxchem Limited

01 Sep 2023 · Kamal Khata

The Bombay High Court held that failure to serve fresh summons within the stipulated time does not mandate dismissal of a summary suit where the defendant has appeared, been served summons for judgment, and filed a reply.

civil petition_dismissed Significant Commercial Summary Suit Service of Summons Order 9 Rule 5 CPC Summons for Judgment

Ramesh Nanalal Vora v. Orbit Developers & Ors.

01 Sep 2023 · Kamal Khata

The Bombay High Court granted summary judgment in favor of a Chartered Accountant for recovery of Rs. 1.20 crore with interest against developers who failed to appear and perform under a terminated MOU.

civil appeal_allowed summary suit Order XXXVII Rule 2 professional fees recovery Memorandum of Understanding termination

Sanjay Krushna Katkar v. State of Maharashtra & Anr.

01 Sep 2023 · Revati Mohite Dere; Bharati Dangre; N.J. Jamadar

The Bombay High Court held that appeals against bail orders under Section 14-A of the Atrocities Act lie before a Single Judge and that the Act applies to Scheduled Caste and Scheduled Tribe members irrespective of their State of origin, ensuring pan-India protection against atrocities.

criminal appeal_allowed Significant Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14-A appeals Single Judge jurisdiction Division Bench jurisdiction

The Indian Hume Pipe Co. Ltd. v. Commissioner of Income Tax

31 Aug 2023 · G.S. Kulkarni; Jitendra Jain · 2023:BHC-OS:9143-DB
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal holding that commission payments made under valid agreements to unrelated agents for services rendered are allowable business expenditure and cannot be partially disallowed without valid evidence.

tax appeal_allowed Significant commission payment business expenditure Income Tax Act, 1961 assessment year