High Court of Bombay

4,240 judgments

Year:

Kondiba Dnyanu Dongale v. Kashibai Ramrao Nigade

08 Jun 2023 · N. J. Jamadar

The High Court held that while exemption certificates under section 88C cannot be reopened after finality, legal representatives of deceased landlords must satisfy bonafide requirement and equalization conditions under section 33B for possession claims, remitting the matter for fresh determination on these points.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 88C certificate Section 33B possession economic holding

Pr. Commissioner of Income Tax v. Kimberly Clark Lever Private Limited

07 Jun 2023 · K.R. Shriram; M.M. Sathaye

The Bombay High Court held that a reference to the Transfer Pricing Officer without pending assessment proceedings is invalid, rendering the reassessment notice and TPO order void, and dismissed the income tax appeal.

tax appeal_dismissed Significant Income Tax Act 1961 Section 147 Section 148 Section 92CA

Krish Rajendra Chordiya v. The State of Maharashtra

07 Jun 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court granted interim relief directing issuance of HSC mark-sheet to a student whose admission to Science stream was belatedly cancelled, emphasizing fairness and reasonableness in applying eligibility regulations.

education petition_allowed Significant eligibility for admission Science stream Maharashtra Secondary and Higher Secondary Boards Act promissory estoppel

Dharmendra M. Jani v. Union of India

06 Jun 2023 · Sunil B. Shukre; Abhay Ahuja

The Bombay High Court upheld the constitutional validity of Sections 13(8)(b) and 8(2) of the IGST Act, confining their operation to the IGST Act and dismissing challenges to their vires.

tax petition_dismissed Significant Integrated Goods and Services Tax Act, 2017 Section 13(8)(b) Section 8(2) constitutional validity

S. K. Trading Co. v. The State of Maharashtra & Ors.

06 Jun 2023 · G. S. Kulkarni; Rajesh S. Patil

The Bombay High Court held that appeals and stay applications under the Maharashtra VAT Act include the interest component when part of a composite order, and barred appeals against independent interest orders do not apply to such composite orders.

tax appeal_allowed Significant Maharashtra Value Added Tax Act, 2002 Section 30(2) interest Section 26 appeals Section 85 bar to appeal

Central Depository Services (India) Limited v. Daksha Narendra Bhavsar and Another

06 Jun 2023 · Sandeep V. Marne

The Bombay High Court upheld an arbitral award holding the depository liable to indemnify an investor for losses caused by negligent and fraudulent acts of its Depository Participant in unauthorized transfer and pledge of shares.

civil appeal_dismissed Significant Depositories Act, 1996 Section 16 liability Depository Participant negligence Power of Attorney misuse

Ranjit Vardichand Jain v. Nirmal Gagubhai Chhadwa & Ors.

05 Jun 2023 · R.I. Chagla
Cites 1 · Cited by 0

The Bombay High Court granted interim relief enforcing specific performance of a MoU against original parties and a third party purchaser with notice, rejecting defenses of fabrication, delay, and stamping at the interim stage.

civil appeal_allowed Significant Specific Performance Memorandum of Understanding Section 19(b) Specific Relief Act Implied Authority

Mauj Mobile Private Limited v. Mohalla Tech Private Limited & Ors.

05 Jun 2023 · Manish Pitale

The Bombay High Court granted interim injunction restraining use of the mark "MOJ" by Defendants, holding it deceptively similar to Plaintiff's registered trademark "MAUJ" for entertainment and telecommunication services.

intellectual_property appeal_allowed Significant Trademark infringement Deceptive similarity Passing off Trade Marks Act 1999

Parmanand Sitlaprasad Pandey v. Gopaldas Lilaram Valecha

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court annulled the insolvency adjudication under Section 21(1) of the Presidency Towns Insolvency Act, 1909 after full payment of debts, setting aside certain orders of the Official Assignee and directing refund of surplus amounts to the insolvent.

administrative petition_allowed Significant Presidency Towns Insolvency Act, 1909 Section 21(1) annulment of insolvency Official Assignee

Sudha Aziz Jhaveri and Ors. v. Bharat Amarchand Doshi and Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court appointed a Court Receiver over a disputed commercial property gifted under a registered deed, rejecting the defendant's oral family settlement and tenancy claims, to preserve the property and prevent misappropriation pending final adjudication.

civil other Significant partition suit registered Gift Deed Court Receiver oral family settlement

M/s. ACME Enterprises v. Deputy Registrar, Co-operative Societies

05 Jun 2023 · N. J. Jamadar

The Bombay High Court upheld the competent authority's order granting unilateral deemed conveyance under MOFA, 1963, holding that title disputes must be resolved by civil courts and not in writ jurisdiction.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 Section 11 unilateral deemed conveyance competent authority

Abdulla R. Khan v. Construction & Engineering Equipments

05 Jun 2023 · N.J. Jamadar

The Bombay High Court held that while reinstatement with full back-wages is the norm for illegal termination, the Industrial Court may justifiably mould relief by awarding compensation when reinstatement is impossible due to closure of the establishment.

labor petition_partly_allowed Significant unfair labour practice back-wages reinstatement closure of establishment

The Brihan Mumbai Electric Supply & Transport Undertaking v. BEST JAGRUT KAMGAR SANGHATANA

05 Jun 2023 · N. J. Jamadar

The Bombay High Court held that denial of increments and leave benefits by artificially breaking temporary service continuity constitutes a continuing unfair labour practice not barred by limitation, but recovery of arrears is restricted to three years.

labor appeal_allowed Significant unfair labour practice temporary employment continuity of service increments

M/s. Abbott Healthcare Private Limited and Ors. v. Maharudra Chikane and Another

05 Jun 2023 · N. J. Jamadar

The Bombay High Court held that Labour Court jurisdiction depends on the situs of employment and cause of action, affirmed interim wage deposit orders, and directed the Labour Court to decide jurisdiction as a preliminary issue.

labor appeal_partly_allowed Significant territorial jurisdiction Labour Court unfair labour practices termination

Serum Institute of India Pvt. Ltd. & Anr. v. Yohan Tengra & Ors.

05 Jun 2023 · R.I. Chagla

The Bombay High Court granted interim injunction restraining defendants from publishing defamatory statements against Serum Institute and its CEO regarding Covid-19 vaccine safety, holding that mere plea of justification is insufficient without bona fide proof and public interest.

civil appeal_allowed Significant defamation interim injunction justification plea vaccine safety

Cheerful Trade and Realty Developers Pvt Ltd v. DBS Bank India Limited

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court granted interim injunction restraining sale of pledged shares amid disputed validity of pledge extensions and forgery allegations, directing disclosure of sale proceeds and expedited hearing.

civil appeal_allowed Significant pledge of shares closure date interim injunction supplemental agreement

M/s. Panama Builders & Developers Pvt. Ltd. v. M/s. Nutan Kalpana Co-op. Housing Society Ltd.

05 Jun 2023 · G. S. Kulkarni

The Bombay High Court upheld the arbitral tribunal's finding that a Development Agreement executed by disqualified Managing Committee members under Section 73(1AB) of the Maharashtra Cooperative Societies Act is void ab initio, dismissing the petitioner's claim for specific performance.

civil appeal_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 73(1AB) Managing Committee disqualification Development Agreement

Ali Akbar Jafari v. Hiraman Tukaram Khandave & Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court upheld the Trial Court's rejection of applications to dismiss plaints seeking cancellation of sale deeds, holding that Section 34 of the Specific Relief Act does not bar suits seeking declaratory relief without specific performance.

civil appeal_dismissed Significant Order VII Rule 11 CPC Section 34 Specific Relief Act declaratory relief specific performance

Oil & Natural Gas Corporation Ltd. v. Petroleum Employees Union & Ors.

05 Jun 2023 · K. R. Shriram; Rajesh S. Patil

The Bombay High Court upheld the Industrial Tribunal’s finding that contracts between ONGC and contractors were sham, directing absorption of contract workers as employees with full benefits from 1997.

labor appeal_dismissed Significant sham contract bogus contract contract labour abolition absorption of contract workers

Kedar Darshan Co-Operative Housing Society Ltd v. Messrs Nooman Developers

05 Jun 2023 · N. J. Jamadar

The Bombay High Court partly allowed the appeal by modifying the interim injunction in a redevelopment dispute, holding that while the development agreement may be specifically enforceable, delay and third party rights limit the scope of interim relief.

civil appeal_allowed Significant development agreement specific performance temporary injunction balance of convenience