High Court of Bombay

5,061 judgments

Year:

Jangid Home Private Limited v. Slum Rehabilitation Authority

10 Jul 2023 · Arif S. Doctor

The Bombay High Court held that a principal acceptance letter under Circular No.168 is only a conditional in-principle acceptance and not final sanction, setting aside the grievance redressal order rejecting the petitioner's slum rehabilitation proposal and allowing six months to comply with conditions.

administrative petition_allowed Significant Slum Rehabilitation Scheme Principal Acceptance Letter Circular No.168 No Objection Certificate

M/s Man Global Ltd. Mumbai v. Mr. Jitendra Jain

10 Jul 2023 · Madhav J. Jamdar
Cites 1 · Cited by 0

The Bombay High Court held that promoters are mandatorily liable to pay interest for delayed possession under Section 18 of RERA, irrespective of delays caused by statutory authorities.

property appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 RERA Delayed possession Interest for delay

Mukesh Prakash Bhalerao v. District Magistrate, Jalgaon

10 Jul 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court quashed a preventive detention order under the MPDA Act due to an unexplained eight-day delay in submitting the order to the State Government, violating the statutory requirement of prompt reporting.

criminal petition_allowed Significant preventive detention MPDA Act forthwith delay in reporting

Ashik Ramjan Ansari v. The State of Maharashtra

10 Jul 2023 · Bharati Dangre
Cites 2 · Cited by 0

The Bombay High Court acquitted the appellant of rape and POCSO offences, holding that consensual sexual intercourse with a minor close to majority is not justiciable under the current law, highlighting the need for legislative reform.

criminal appeal_allowed Significant POCSO Act Section 376 IPC consent of minor sexual intercourse

New Hanuman Nagar SRA Co-operative Housing Society Ltd. v. Apex Grievance Redressal Committee

07 Jul 2023 · Milind N. Jadhav

The Bombay High Court upheld the reinstatement of the Developer in a slum rehabilitation scheme, holding that non-procurement of NOC did not invalidate the scheme and that the Petitioner Society lacked locus and had not exhausted statutory remedies.

administrative petition_dismissed Significant Slum Rehabilitation Scheme No Objection Certificate Development Agreement Letter of Intent

Yashwant Govind Sakhare & Ors. v. State of Maharashtra & Ors.

07 Jul 2023 · G. S. Kulkarni; R. N. Laddha

The Bombay High Court held that failure to acquire land reserved under a town planning scheme within statutory timelines under Section 127 of the MRTP Act results in automatic lapsing of the reservation and directed the State to release the land accordingly.

property petition_allowed Significant Maharashtra Regional Town Planning Act, 1966 Section 127 lapsing of reservation land acquisition

Chitra Sonawane v. Thane Municipal Corporation

07 Jul 2023 · G.S. Kulkarni; R.N. Laddha

The Bombay High Court dismissed the writ petition by minority society members challenging redevelopment approvals, holding that the majority's consent governs redevelopment and that the amended UDCPR 2020 provisions do not apply retrospectively.

civil petition_dismissed Significant cooperative housing society redevelopment Unified Development Control and Promotion Regulations 2020 minority members rights

Akash Dipak Atole & Ors. v. The State of Maharashtra & Ors.

06 Jul 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court allowed the writ petition directing the Education Department to approve the junior clerk appointment, holding that administrative delay cannot justify refusal when the management complies with staffing norms and procedures.

administrative petition_allowed Significant Government Resolutions approval of appointment junior clerk education department

Kumar Gorakhnath Shinde and Ors. v. The State of Maharashtra and Ors.

06 Jul 2023 · Nitin Jamdar; G. S. Kulkarni; Bharati Dangre; Manish Pitale;...

The Bombay High Court Larger Bench held that independent councillors forming a post-poll Aghadi under Section 63(2B) of the Maharashtra Municipalities Act are fully governed by the anti-defection provisions of the Maharashtra Local Authority Members’ Disqualification Act, 1986.

constitutional appeal_dismissed Significant Maharashtra Local Authority Members’ Disqualification Act, 1986 Section 63(2B) Maharashtra Municipalities Act Post-poll Aghadi Anti-defection law

The Pr. Commissioner of Income Tax (Central) Pune v. Punit Chettiar alias Punit Balan

05 Jul 2023 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 0 · Cited by 1

The Bombay High Court upheld the ITAT's order allowing the assessee's deduction under Section 80IA(4)(iii) based on Central Government approval for an Industrial Park, dismissing the Revenue's appeal.

tax appeal_dismissed Significant Section 80IA(4)(iii) Industrial Park Scheme, 2002 Income Tax deduction Assessing Officer

Golden Legend Leasing and Finance Ltd. v. Dilip Manohar Amladi

05 Jul 2023 · Abhay Ahuja

The Bombay High Court held that the Maharashtra Rent Control Act applies to premises given on license and that exemption under Section 3(1)(b) does not extend to licenses, thereby upholding eviction of a company licensee with paid-up capital exceeding Rs. 1 crore.

property petition_dismissed Significant Maharashtra Rent Control Act, 1999 Section 3(1)(b) Section 24 license agreement

Prasad Rajaram More v. The State of Maharashtra

05 Jul 2023 · G. S. Patel; Neela Gokhale

The court dismissed the petition seeking approval and continuation of service for an employee who abandoned service mid-probation and whose appointment was refused due to reduction in establishment posts.

labor petition_dismissed Significant probation period abandonment of service reduction in establishment approval of appointment

Smt. Sangita Vilas Kiwade v. The State of Maharashtra

04 Jul 2023 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction of the appellant for murder, attempt to murder, kidnapping, and illegal money lending, affirming the reliability of child witness testimony after careful scrutiny.

criminal appeal_dismissed Significant child witness evidence tutoring murder Section 302 IPC

Saurin Ketan Jariwala v. State of Maharashtra

03 Jul 2023 · ARIF S. DOCTOR

The Bombay High Court upheld the Competent Authority's order granting Deemed Conveyance under MOFA, holding that the developer was a promoter obligated to transfer title despite contractual clauses reserving land rights.

property appeal_dismissed Significant Maharashtra Ownership Flats Act, 1963 Deemed Conveyance Promoter definition Redevelopment agreement

Sheil Properties Private Limited v. Dani Wooltex Corporation

03 Jul 2023 · Bharati Dangre

The Bombay High Court set aside the arbitrator's order terminating arbitration on alleged abandonment, holding that abandonment requires clear evidence and the arbitrator must actively manage proceedings.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 32(2)(c) termination of arbitration abandonment of claim

Dr Pradeep Rangrao Nalawade v. Poona College of Pharmacy & Ors.

03 Jul 2023 · G.S. Patel; Neela Gokhale

The Bombay High Court held that the petitioner’s service interruptions were condonable under pension rules, entitling him to pension benefits despite technical breaks and gaps exceeding one year initially.

administrative petition_allowed Significant pension condonation of service gap Maharashtra Civil Service (Pension) Rules, 1982 Rule 33

Dinesh Sudam Patil & Ors. v. The State of Maharashtra & Ors.

03 Jul 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court held that an employee appointed on compassionate grounds who completed probation as a teacher with prior approval is entitled to continuity of service, and refusal by the Education Officer without statutory grounds is illegal.

administrative petition_allowed Significant compassionate appointment probation period continuity of service Government Resolution 2016

Balaji Constructions v. Dattatraya Bapurao Ghadage

03 Jul 2023 · S. M. Modak

The High Court upheld the acquittal in a Section 138 NI Act case, ruling that complaints by unregistered firms are maintainable but the complainant must prove liability, and the accused can rebut the presumption under Section 139.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 139 Negotiable Instruments Act Section 69(2) Indian Partnership Act unregistered partnership firm

Rajan Sahadeo Ratul & Tulsuli Aikyavardhak Sangh v. The State of Maharashtra & Ors.

03 Jul 2023 · G.S. Patel; Neela Gokhale

The Bombay High Court held that failure of the Education Department to nominate surplus candidates or respond timely permits school management to appoint teachers and directed approval of such appointment, quashing the refusal order.

administrative petition_allowed Significant Maharashtra Employees of Private Schools Act, 1977 appointment approval surplus candidates Government Resolution 2012

Bhansali Industries v. Union of India

03 Jul 2023 · M.S. Sonak; Jitendra Jain

The Bombay High Court set aside an unreasoned GST adjudication order for failure to provide reasons and remanded the matter for fresh adjudication after affording a personal hearing.

administrative appeal_allowed Significant natural justice speaking order reasons for decision Goods and Services Tax Act, 2017