High Court of Bombay

5,131 judgments

Year:

Coventry Estates Pvt. Ltd. v. The Joint Commissioner CGST and Central Excise

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

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.

tax petition_allowed Significant service tax show cause notice inordinate delay Section 73 Finance Act 1994

Siddant alias Siddharth Sanjay Marathe v. Commissioner of Police, Pune City

25 Jul 2023 · Revati Mohite Dere; Gauri Godse

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.

criminal petition_allowed Significant preventive detention subjective satisfaction non-application of mind bail order

The New India Assurance Company v. Kavita Jitendra Pawar

25 Jul 2023 · Abhay Ahuja
Cites 1 · Cited by 0

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.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 income tax return compensation motor accident claim

Pune Municipal Corporation v. Mr. Surmilan Singh Soibam

21 Jul 2023 · Abhay Ahuja J.

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.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Section 166 contributory negligence compensation

Jitendra B. Mehta v. Mansukhlal V. Senghani

21 Jul 2023 · Abhay Ahuja

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.

civil petition_dismissed framing of issues Order XIV Rule 1 CPC Article 227 Constitution of India tenancy declaration

Indus Towers Ltd. v. Grampanchayat, Chikhalhol

20 Jul 2023 · Sunil B. Shukre; Rajesh S. Patil

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.

administrative petition_allowed Significant Grampanchayat No Objection Certificate mobile tower erection radiation apprehension

Ashunta Vivek Prabhu @ Monteiro v. Municipal Corporation of Greater Mumbai

19 Jul 2023 · Milind N. Jadhav

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.

labor appeal_allowed Significant Grant-in-Aid School Termination of service Disproportionate punishment Enquiry Committee

The Commissioner of CGST & Central Excise v. Hindustan Petroleum Corporation Ltd.

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

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.

tax appeal_dismissed Significant Section 11D Central Excise Act Ethanol Blended Petrol BIS specification 2796:2000 Central Excise duty demand

R. K. Madhani Prakash Engineers J V v. Union of India & Ors.

18 Jul 2023 · K. R. Shriram; Firdosh

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.

tax other Significant condonation of delay Section 119(2)(b) Income Tax Act genuine hardship refund claim

Vita Nagar Parishad, Vita v. Tanaji Ramchandra Kadam

18 Jul 2023 · N. J. Jamadar

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.

labor appeal_dismissed Significant pensionable service daily wage service Maharashtra Civil Services Pension Rules 1982 unfair labour practice

The Commissioner of Customs (Import) v. Air India Ltd.

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

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.

customs appeal_dismissed Significant Customs Act, 1962 Section 125 Redemption fine Section 112(a)

Kotak Mahindra Bank Ltd. v. Williamson Magor and Co. Ltd. and Anr.

17 Jul 2023 · Bharati Dangre
Cites 0 · Cited by 3

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.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Recovery of Debts and Bankruptcy Act, 1993 Banking Regulation Act, 1959 Put Option

Aslam Salim Shaikh v. The State of Maharashtra

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

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.

criminal petition_allowed Significant Section 427(1) CrPC concurrent sentences miscarriage of justice inherent jurisdiction

Taluka Mohol, Dist. Solapur v. Maharashtra State Road Transport Corporation

17 Jul 2023 · N. J. Jamadar
Cites 1 · Cited by 0

The High Court upheld the disciplinary enquiry findings against a bus conductor for misappropriation, dismissed interim relief, and ruled that non-examination of passengers is not fatal to the enquiry's validity.

labor petition_dismissed Significant unfair labour practice disciplinary enquiry interim relief misappropriation

Mahesh Gupta v. Income Tax Settlement Commission

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

The Bombay High Court held that payment of additional tax and interest on income disclosed in settlement applications before the deadline satisfies statutory requirements, and abatement of such applications without prior intimation of shortfall is erroneous.

tax appeal_allowed Significant Income Tax Act, 1961 Section 245-C Section 245D(2D) Section 245HA(1)(ii)

The Bombay Dyeing & Manufacturing Co. Ltd. v. H.D. Trivedi

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

The Bombay High Court upheld the Income Tax authorities' calculation of disputed tax under the Kar Vivadh Samadhan Scheme, including deduction of tax refund and interest, dismissing the petition challenging the tax payable determination.

tax petition_dismissed Significant Kar Vivadh Samadhan Scheme 1998 disputed tax disputed income refund of tax and interest

Hotel Avion Private Ltd v. State of Maharashtra

14 Jul 2023 · Revati Mohite Dere; Gauri Godse

The Bombay High Court dismissed the appellant's challenge to the auction sale of Hotel Jal property under the MPID Act, holding that the auction was conducted in compliance with Supreme Court guidelines and auction terms, and extensions for payment were valid.

criminal appeal_dismissed Significant MPID Act auction sale financial capacity verification earnest money

Mukand Limited v. The Union of India

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

The Bombay High Court held that reopening an income tax assessment beyond four years is invalid without failure to disclose material facts, quashing the notice issued to Mukand Limited.

tax petition_allowed Significant Section 148 Income Tax Act reopening assessment failure to disclose material facts unabsorbed depreciation

Dr. Shivraj Chhotulal Pataria v. Brihanmumbai Municipal Corporation & Ors.

11 Jul 2023 · Sunil B. Shukre; Rajesh S. Patil

The Bombay High Court quashed the cancellation of hospital registration and permanent sealing for non-compliance with mandatory procedural requirements under the Bombay Nursing Home Registration Act, 1949.

administrative petition_allowed Significant Bombay Nursing Home Registration Act, 1949 Section 8(1) cancellation of registration show-cause notice

Vaishali Ukha Patil v. The State of Maharashtra

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

The Court upheld the Education Department's rejection of approval for the petitioner's appointment due to procedural lapses but directed the Management to reinstate her and bear salary costs as her service was treated as regular and permanent.

labor appeal_dismissed Significant Maharashtra Employees of Private Schools Act temporary appointment approval of services Pavitra Portal