High Court of Bombay

5,131 judgments

Year:

Laxmibai Murlidhar Chinchwade v. State of Maharashtra

02 Aug 2023 · Sunil B. Shukre; Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court held that a valid Purchase Notice under Section 127 of the MRTP Act leads to deemed de-reservation of land despite a draft revised development plan, requiring the State to notify lapsing of reservation.

property appeal_allowed Significant Purchase Notice Section 127 MRTP Act Deemed de-reservation Draft revised development plan

The Board of Control for Cricket in India v. Commissioner of Service Tax-1, Mumbai

01 Aug 2023 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed BCCI's writ petition challenging the Customs Tribunal's refusal to rectify its order, holding that disputed facts and debatable legal points do not constitute mistakes apparent from the record under Section 35C(2) of the Central Excise Act.

tax petition_dismissed Significant rectification of mistake Section 35C(2) Central Excise Act export of service service tax

The Board of Control for Cricket in India v. Commissioner of Service Tax-1, Mumbai

01 Aug 2023 · G. S. Kulkarni; Jitendra Jain
Cites 0 · Cited by 4

The Bombay High Court held that appeals challenging the taxability of services under the Finance Act, 1994 lie exclusively before the Supreme Court under Section 35L of the Central Excise Act, 1944, and are not maintainable before the High Court.

tax appeal_dismissed Significant service tax taxability export of services Section 35L Central Excise Act

DCB Bank Ltd. v. Deputy Commissioner of Income Tax

01 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court held that reopening of income tax assessment after four years is impermissible without tangible material showing failure to disclose material facts, quashing the reopening notice and order against DCB Bank Ltd.

tax petition_allowed Significant Section 148 Income Tax Act Reopening of assessment Failure to disclose material facts Change of opinion

Kartik Sureshchandra Gandhi v. Asst. Commissioner of Income Tax

01 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court quashed the reassessment notice and related order for Assessment Year 2019-2020 due to invalid sanction under Section 151 caused by non-application of mind and incorrect authority granting approval.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Section 151 Reassessment notice

Aurobindo Highway Services v. The State of Maharashtra

01 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court held that hiring tank trucks for petroleum transportation without transfer of effective control does not constitute sale by transfer of right to use goods under the MVAT Act, exempting such receipts from sales tax.

tax appeal_allowed Significant transfer of right to use goods Maharashtra Value Added Tax Act, 2002 sale under MVAT effective control

Aurobindo Highway Services v. The State of Maharashtra

01 Aug 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court held that hiring tank trucks for petroleum transportation without transfer of effective control does not amount to sale by transfer of right to use goods under the MVAT Act, exempting appellants from sales tax liability.

tax appeal_allowed Significant Maharashtra Value Added Tax Act, 2002 transfer of right to use goods sale under MVAT Act effective control

Mrunal Mandar Joshi v. State of Maharashtra

01 Aug 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court allowed a teacher's writ petition directing approval of her full-time appointment and payment of arrears, holding that procedural delays and initial roster non-verification cannot invalidate a substantively eligible appointment.

administrative petition_allowed Significant appointment approval reservation roster backlog vacancies part-time to full-time upgradation

Sunil Subhash Ekhande v State of Maharashtra & Ors

01 Aug 2023 · G. S. Patel; Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court dismissed writ petitions seeking retrospective full-time librarian status and benefits, holding that acceptance of benefits under the 2006 Government Resolution estops petitioners from challenging its conditions.

administrative petition_dismissed Significant part-time librarian full-time librarian Government Resolution 2006 Chiplunkar Committee

Pranali Yogesjh Karkhandis v. State of Maharashtra

01 Aug 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed a preventive detention order issued after an inordinate delay and reliance on questionable in-camera statements recorded post-bail, emphasizing the necessity of a live link and credible evidence for such detention.

criminal petition_allowed Significant preventive detention delay in detention order in-camera statements live link

Janki Suresh Bhandoola v. Ramesh T. Parasani

31 Jul 2023 · Arif S. Doctor

The Bombay High Court dismissed the suit for probate of a Will due to failure to prove due execution and the Testatrix's sound mind, amid suspicious circumstances surrounding the Will's preparation and attestation.

civil appeal_dismissed Significant Probate Will Indian Succession Act Section 63

Cummins India Limited v. Assistant Commissioner of Income Tax

28 Jul 2023 · K. R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court allowed the appellant's appeal, holding that the Transfer Pricing Officer cannot apply different benchmarking methods to royalty payments when TNMM is accepted for all transactions, and that earlier binding Tribunal decisions on aggregation must be followed absent change in material facts.

tax appeal_allowed Significant transfer pricing arm's length price royalty payments aggregation of transactions

Aditya Birla Finance Ltd v. MVR Gas

28 Jul 2023 · Milind N. Jadhav

The Bombay High Court held that an arbitration invocation notice remains valid despite withdrawal of earlier proceedings but directed impounding and stamping of unstamped loan documents before enforcement of the arbitration agreement.

commercial_arbitration other Significant arbitration invocation unstamped instrument stamp duty Section 11 Arbitration Act

Alliance Import and Export v. GHCL Ltd.

28 Jul 2023 · Milind N. Jadhav

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.

civil other Significant Arbitration Agreement Section 11 Arbitration Application Stamp Duty Arbitration and Conciliation Act, 1996

Lt.Col. Anjan Kumar Sinha v. Union of India & Ors.

28 Jul 2023 · G. S. Kulkarni; Jitendra Jain

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.

administrative petition_dismissed Significant deputation premature repatriation Armed Forces Tribunal Act, 2007 jurisdiction

Creative Consumers Cooperative Society Ltd. v. State of Maharashtra

28 Jul 2023 · Devendra Kumar Upadhyaya; Amit Borkar

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.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 interim liquidation order communication of order Rule 87 MCS Rules

Deepak Bobhale v. The Assistant Divisional Engineer

27 Jul 2023 · B. P. Colabawalla; M. M. Sathaye
Cites 1 · Cited by 0

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.

property petition_dismissed Significant land acquisition Section 24(2) of 2013 Act compensation possession

Kaluram Mahadu Jadhav & Ors. v. The Deputy Collector (Rehabilitation) & Ors.

26 Jul 2023 · G. S. Kulkarni; Jitendra Jain

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.

property other Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 land allotment project affected persons natural justice

Shri Ananta Waman Tanki & Ors. v. The State of Maharashtra & Ors.

26 Jul 2023 · DHIRAJ SINGH THAKUR; SANDEEP V. MARNE

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.

property petition_allowed Significant Indian Forest Act, 1927 Maharashtra Private Forest Act, 1975 Section 35(3) notice service of notice

Zulfikar Abdul Rashid Khan v. Union of India & Anr.

25 Jul 2023 · G. S. Kulkarni; Jitendra Jain

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.

customs appeal_allowed Significant condonation of delay Section 14 Limitation Act Customs Act 1962 bona fide pursuit