High Court of Bombay

5,131 judgments

Year:

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

The Maharashtra State Road Transport Corporation v. Mina Kashinath Zanje & Ors.

30 Jun 2023 · Abhay Ahuja

The Bombay High Court upheld the Motor Accident Claims Tribunal’s award holding MSRTC liable for compensation to the deceased’s family, affirming that civil liability is independent of criminal acquittal and that full salary including family-benefiting allowances must be considered for compensation.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Motor Accident Claims Tribunal Compensation No Fault Liability

Pravinbhai Ratanji Lad and Ors. v. The Office of the Slum Rehabilitation Authority and Anr.

30 Jun 2023 · Milind N. Jadhav

The Bombay High Court dismissed a 34-year delayed writ petition challenging a slum declaration order for lack of locus, delay, and non-maintainability under Article 227, imposing exemplary costs on the petitioners.

administrative petition_dismissed Article 227 Constitution of India locus standi delay and laches Maharashtra Slum Areas Act, 1971

IFFCO Tokio General Insurance Company Limited v. Shankar G. Rane & Ors.

30 Jun 2023 · Abhay Ahuja, J.

The insurer must indemnify third party claimants despite alleged invalid driving licence and may recover compensation from the insured owner under the pay and recover principle.

civil appeal_allowed Significant motor accident claim insurance liability invalid driving licence burden of proof

Bharat Parihar v. State of Maharashtra

30 Jun 2023 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court held that provisional attachment under Section 83 of the CGST Act ceases after one year unless a fresh order is passed, and Maharashtra GST authorities have jurisdiction to attach bank accounts outside the State in tax evasion cases.

administrative petition_allowed Significant provisional attachment Section 83 CGST Act one year limitation jurisdiction

Professor Gurdial Singh Sokhi & Ors. v. Neel Shantiniketan Co-operative Housing Society Limited and Anr.

30 Jun 2023 · Sandeep V. Marne

The Bombay High Court upheld the majority-approved redevelopment agreement of a cooperative housing society, dismissing minority members' challenge and refusing injunction to stall redevelopment.

property appeal_dismissed Significant Cooperative Housing Society Development Agreement Temporary Injunction Fungible Compensatory Area

Shafiq Ali Haider v. The State of Maharashtra

29 Jun 2023 · Amit Borkar, J.

The Bombay High Court rejected bail in a murder case where the accused's voluntary disclosure led to recovery of the deceased's body parts, establishing a strong prima facie case based on circumstantial evidence.

criminal appeal_dismissed Significant Section 27 Indian Evidence Act Section 302 IPC Section 201 IPC bail application

Ashutosh Yogesh Maneklal v. Lina Y. Maneklal

28 Jun 2023 · N. J. Jamadar

The High Court set aside the City Civil Court’s order permitting liquidation of company fixed deposits to pay property taxes without prior compliance with NCLT orders and restoration of diverted funds, emphasizing the importance of party conduct in granting equitable relief.

civil appeal_allowed Significant equitable relief interim order liquidation of assets property tax