High Court of Bombay

4,240 judgments

Year:

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

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

Indu Sridharan Pillai v. The State of Maharashtra

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

The Bombay High Court upheld rejection of approval for a temporary teacher's appointment due to procedural lapses but directed her reinstatement and salary payment by the Management.

administrative petition_allowed Significant Maharashtra Employees of Private Schools Act appointment approval temporary teacher Pavitra Portal

Priti Rakesh Patil v. The State of Maharashtra

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

The Court upheld rejection of approval due to procedural lapses but directed reinstatement and salary payment to a teacher whose services were held to be regular and permanent due to Management’s failure.

labor petition_allowed Significant Maharashtra Employees of Private Schools Act approval of appointment temporary appointment regularization of service

Joya Vrushal Chaudhari v. The State of Maharashtra

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

The Bombay High Court upheld the Education Department’s rejection of approval for a teacher’s appointment due to procedural lapses but directed the Management to reinstate her and bear salary costs, holding the State not liable.

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

Harshada Pankaj Naik v. The State of Maharashtra & Ors

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

The Court upheld rejection of approval for a temporary teacher's appointment due to procedural lapses but directed her reinstatement and salary payment by the Management as per prior orders treating her as permanent.

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

Shineshilpi Jewellers Pvt. Ltd. v. State of Maharashtra

11 Jul 2023 · S. M. Modak

The High Court allowed the appeal restoring a complaint dismissed under Section 256 CrPC for non-appearance of the complainant on two dates, emphasizing judicious exercise of discretion and balancing expeditious trial with natural justice.

criminal appeal_allowed Significant Section 256 CrPC Section 138 Negotiable Instruments Act dismissal of complaint non-appearance of complainant

Pranav Sadashiv Lad v. Caste Certificate Scrutiny Committee, Kolhapur

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

The Bombay High Court held that a petitioner cannot change his caste claim after a valid caste certificate is granted, dismissing his challenge and upholding the certificate's finality to protect public policy on reservations.

administrative petition_dismissed Significant caste certificate Maratha caste Kunbi caste Scrutiny Committee

Vijay Babarao Shende v. Maharashtra Public Service Commission

11 Jul 2023 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the MPSC's lawful shortlisting and selection process for Deputy Director posts, dismissing the petitioner's challenge based on non-application of migration principle and shortlisting criteria.

administrative petition_dismissed Significant Maharashtra Public Service Commission shortlisting criteria reservation Scheduled Caste