High Court of Bombay
5,061 judgments
Alliance Import and Export v. GHCL Ltd.
The Bombay High Court held that unstamped arbitration agreements are unenforceable and directed impounding of the Fixture Notes for stamp duty adjudication before appointing an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
Lt.Col. Anjan Kumar Sinha v. Union of India & Ors.
The Bombay High Court held that service matters of armed forces personnel on deputation to the Armed Forces Tribunal fall within the Tribunal’s exclusive jurisdiction, dismissing the petitioner’s writ challenging CAT’s jurisdictional order.
Creative Consumers Cooperative Society Ltd. v. State of Maharashtra
The Bombay High Court held that an interim liquidation order under the Maharashtra Cooperative Societies Act is ineffective without proper communication, and thus cancellation of a contract based on such uncommunicated order is unsustainable, allowing the writ petitions filed by the cooperative society's Chairman.
Deepak Bobhale v. The Assistant Divisional Engineer
The Bombay High Court dismissed writ petitions filed after about 60 years challenging land acquisition awards, holding that Section 24(2) of the 2013 Act does not revive stale claims and that laches bars reopening concluded acquisition proceedings.
Kaluram Mahadu Jadhav & Ors. v. The Deputy Collector (Rehabilitation) & Ors.
The High Court remitted the dispute over allotment of rehabilitation land under the Maharashtra Project Affected Persons Rehabilitation Act for fresh consideration on merits, emphasizing proper delegation, procedural fairness, and statutory entitlement.
Shri Ananta Waman Tanki & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that non-service of mandatory notice under Section 35(3) of the Indian Forest Act, 1927 invalidates the notification declaring land as forest, setting aside the forest classification and related mutation entries.
Zulfikar Abdul Rashid Khan v. Union of India & Anr.
The Bombay High Court held that delay caused by bona fide and diligent pursuit of remedy before a wrong forum must be condoned under Section 14 of the Limitation Act, allowing the appellant's appeal against the CESTAT's rejection of condonation application.
Coventry Estates Pvt. Ltd. v. The Joint Commissioner CGST and Central Excise
The Bombay High Court quashed a decade-old service tax show cause notice due to inordinate and unjustified delay in adjudication violating statutory time limits and principles of natural justice.
Siddant alias Siddharth Sanjay Marathe v. Commissioner of Police, Pune City
The Bombay High Court quashed a preventive detention order for non-application of mind, holding that the detaining authority must consider the reasons recorded by the Sessions Judge while granting bail in the predicate offence.
The New India Assurance Company v. Kavita Jitendra Pawar
The Bombay High Court upheld the Motor Accident Claims Tribunal's award, ruling that income tax returns filed after the deceased's death are admissible to determine income for compensation under the Motor Vehicles Act.
Pune Municipal Corporation v. Mr. Surmilan Singh Soibam
The Bombay High Court set aside the finding of contributory negligence against the deceased in a motor accident claim, holding the water tanker driver fully negligent and directing recomputation of compensation without deduction.
Jitendra B. Mehta v. Mansukhlal V. Senghani
The High Court upheld the Trial Court's rejection of the petitioner's application to recast issues in a tenancy suit, holding that the originally framed issues sufficiently covered the material controversies and did not warrant interference.
Indus Towers Ltd. v. Grampanchayat, Chikhalhol
The Bombay High Court held that a Grampanchayat cannot revoke a No Objection Certificate to stop erection of a mobile tower based on unsubstantiated health apprehensions lacking scientific evidence.
Ashunta Vivek Prabhu @ Monteiro v. Municipal Corporation of Greater Mumbai
The Bombay High Court held that termination of a Grant-in-Aid school teacher was disproportionate, ordered payment of subsistence allowance and back wages, and upheld reinstatement directions subject to the teacher's superannuation.
The Commissioner of CGST & Central Excise v. Hindustan Petroleum Corporation Ltd.
The Bombay High Court upheld the CESTAT order rejecting the excise duty demand under Section 11D against HPCL for ethanol blended petrol, holding that duty not separately shown or recovered cannot attract Section 11D liability.
R. K. Madhani Prakash Engineers J V v. Union of India & Ors.
The Bombay High Court set aside the rejection of condonation of delay in filing income tax return, directing fresh consideration with due regard to genuine hardship and natural justice.
Vita Nagar Parishad, Vita v. Tanaji Ramchandra Kadam
The Bombay High Court held that services rendered on daily wage basis qualify as pensionable service upon permanent absorption, and refusal to grant pension on this ground constitutes unfair labor practice.
The Commissioner of Customs (Import) v. Air India Ltd.
The Bombay High Court dismissed the revenue's appeal, holding that redemption fine and penalty under the Customs Act cannot be imposed when confiscation is set aside and goods are not released under bond.
Kotak Mahindra Bank Ltd. v. Williamson Magor and Co. Ltd. and Anr.
The Bombay High Court held that disputes arising from a banking company's investment agreement involving a Put Option are arbitrable and not barred by the exclusive jurisdiction of the Debt Recovery Tribunal, and appointed an arbitrator on behalf of the respondents.
Aslam Salim Shaikh v. The State of Maharashtra
The Bombay High Court ordered concurrent sentences and release on undergone sentence in 41 theft cases, holding that failure to exercise discretion under Section 427(1) CrPC led to a miscarriage of justice.