High Court of Bombay

5,131 judgments

Year:

Mahindra and Mahindra Ltd. v. Commissioner of Income Tax

09 Jun 2023 · K. R. Shriram; M. M. Sathaye
Cites 2 · Cited by 0

The Bombay High Court held that expenses and write-offs relating to a subsidiary company incurred on commercial expediency are deductible business losses under Section 28 of the Income Tax Act, 1961.

tax appeal_allowed Significant Income Tax Act 1961 Section 28 business loss deduction

Yes Bank Limited v. Union of India

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

The Bombay High Court held that the requirement of a joint application for refund of court fees under DRT Refund Rules is not mandatory where the judicial order grants refund to the applicant alone, allowing the bank's writ petition to obtain refund without the borrower's consent.

civil petition_allowed Significant refund of court fees Debt Recovery Tribunal joint application settlement

Allan Sebastian D’Souza & Ors. v. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal & Ors.

09 Jun 2023 · Arif S. Doctor
Cites 1 · Cited by 0

The Bombay High Court held that mandatory publication and notice requirements under the Maharashtra Slum Areas Act and Rules must be strictly complied with before declaring land as a slum, and noncompliance justifies condonation of delay and merits hearing of the appeal.

administrative appeal_allowed Significant Maharashtra Slum Areas Act, 1971 slum declaration publication requirements Rule 3 of Slum Rules

Citibank N.A. v. S.K. Ojha & Ors.

09 Jun 2023 · K. R. Shriram; M. M. Sathaye · (2014) 44 taxmann.com 304 (Bombay)

The Bombay High Court held that a tax assessment settled under the Kar Vivad Samadhan Scheme with payment and certificate issuance cannot be reopened under Section 148 of the Income Tax Act except in cases of false declaration.

tax petition_allowed Significant Kar Vivad Samadhan Scheme KVSS Income Tax Act 1961 Section 148

Tiscon Realty Private Limited v. C. G. Edifice & Ors.

09 Jun 2023 · Arif S. Doctor

The Bombay High Court held that dishonour of cheques issued for loan repayment creates a new liability under the Negotiable Instruments Act, allowing a Summary Suit, and parties making false statements on oath are disentitled from defending the suit.

civil appeal_allowed Significant Summary Suit Dishonour of Cheques Negotiable Instruments Act Loan vs Investment

The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate v. ICICI Bank Ltd.

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

The Bombay High Court held that appeals involving taxability and valuation issues under the Central Excise Act lie exclusively before the Supreme Court, dismissing the High Court appeal on maintainability grounds.

tax appeal_dismissed Significant Section 35G Central Excise Act Section 35L Central Excise Act taxability valuation

Jayvant S. Shah & Ors. v. Bombay Mercantile Co-operative Bank Limited & Ors.

08 Jun 2023 · Abhay Ahuja

The Bombay High Court upheld the appellate order allowing the Bank's amendment to its eviction suit plaint to elaborate bonafide requirement, emphasizing a liberal approach to amendments that do not introduce new causes or cause prejudice.

civil petition_dismissed Significant amendment of plaint bonafide requirement eviction suit subsequent events

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