High Court of Bombay

5,131 judgments

Year:

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
Cites 0 · Cited by 1

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

Nikhil Uttam Undre v. State of Maharashtra

05 Jun 2023 · N. J. Jamadar

The Bombay High Court upheld the disqualification of a village panchayat member for encroachment on government Gaothan land under section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, affirming the Additional Divisional Commissioner's order.

administrative petition_dismissed Significant disqualification village panchayat encroachment government land

Synechron Technologies Pvt. Ltd. v. Chief Controlling Revenue Authority, Maharashtra State

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court quashed revenue orders demanding full stamp duty from an IT company relying on a subsisting government remission certificate for SEZ-based expansion, emphasizing natural justice and proper application of the Maharashtra IT/ITES Policy.

administrative petition_allowed Significant stamp duty remission Maharashtra IT/ITES Policy 2009 Special Economic Zone natural justice

The Bhatiya General Hospital and Another v. Hanmant Anandrao Raje and Others

05 Jun 2023 · N. J. Jamadar

The Bombay High Court upheld that employees performing mainly technical duties remain workmen entitled to union benefits, and withdrawing such benefits constitutes unfair labour practices.

labor appeal_dismissed Significant workman definition Industrial Disputes Act 1947 unfair labour practices Maharashtra Recognition of Trade Unions Act 1971

Shapoorji Pallonji & Company Pvt Ltd v. The New India Assurance Company Ltd

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court upheld the Estate Officer's order allowing amendment of damages claim in long-pending eviction proceedings under the Public Premises Act, holding that CPC applies only to the extent provided and Limitation Act does not apply, dismissing the writ petition.

civil petition_dismissed Significant Public Premises (Eviction of Unauthorized Occupants) Act, 1971 amendment application damages assessment Civil Procedure Code applicability

Amit Tanaji Gote v. State of Maharashtra & Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court held that the Divisional Commissioner lacked jurisdiction to set aside disqualification orders under Section 14B(1) of the Maharashtra Village Panchayats Act and directed fresh appeals under Section 14B(2) before the competent authority.

administrative appeal_allowed Significant Maharashtra Village Panchayats Act, 1958 Section 14B disqualification Section 16 disability and vacancy State Election Commission

Kasthmandup Developers Pvt. Ltd. v. The State of Maharashtra and Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court allowed refund of stamp duty paid on an unexecuted deed substituted by executed documents, holding that the refund claim was timely under Section 48(2) of the Maharashtra Stamp Act and that delay was condonable, preventing unjust enrichment of the State.

civil appeal_allowed Significant stamp duty refund unexecuted deed Maharashtra Stamp Act 1958 Section 48(2)

Adhyatma Bandhu Gupta; Gaurishankar Saraf v. Division Joint Registrar; Deputy Registrar; Natwarlal Agarwal; Hatkesh Co-operative Housing Society Ltd

05 Jun 2023 · N. J. Jamadar

The court held that disqualification under Section 75(5) for default in holding AGM requires consideration of reasonable excuse and natural justice, quashing orders that failed to do so.

administrative petition_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 75(5) Annual General Meeting disqualification

Sangita Pandurang Bankar and Ors. v. Additional Commissioner, Pune Division, Pune and Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court dismissed the petition challenging the setting aside of Gram Panchayat Sarpanch and Upa-Sarpanch elections held by secret ballot without valid demand, holding that noncompliance with mandatory election rules and interpolation of minutes vitiated the election.

administrative petition_dismissed Significant Gram Panchayat election Sarpanch election secret ballot Rule 10(2)

Balwant Krishna Thorat v. Shankar Nivruttti Thorat and Ors

05 Jun 2023 · Milind N. Jadhav

The High Court upheld the appellate court's order denying injunction to a co-sharer vendee in undivided joint family property without partition, emphasizing that possession rights arise only after partition or decree.

civil appeal_dismissed Significant undivided share joint family property partition injunction

Narhar Rango Kulkarni and Ors. v. Milind Shripad Bendre and Anr

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court upheld a compromise decree and dismissed the writ petition challenging it, holding that vague allegations of fraud without particulars cannot set aside a voluntarily entered and acted-upon compromise decree.

civil petition_dismissed Significant compromise decree Order XXIII Rule 3 CPC fraud and undue influence maintainability of writ petition

Shankar Shripad Latkar v. Dattatraya Haribhau Borawake

05 Jun 2023 · Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court upheld eviction of tenant for three years' rent default under Section 25(2) of Maharashtra Tenancy Act, emphasizing strict proof of arrears and valid notice, and limited revisional interference with concurrent findings.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 25(2) rent default statutory notice

Shankar Shripad Latkar v. Mrs. Lata V. Harekal

05 Jun 2023 · Milind N. Jadhav

The High Court upheld the landlord's eviction claim under Section 25(2) of the Maharashtra Tenancy Act due to tenant's continuous rent default and failure to comply with court orders, setting aside the MRT's revision order favoring the tenant.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 25(2) rent default eviction

The Indian Express (P) Limited & Ors. v. Ganesh Gopinath Rane & Ors.

05 Jun 2023 · N. J. Jamadar

The Bombay High Court allowed the writ petition quashing the Industrial Court's interim order restraining deputation of employees, holding that deputation under express transferability terms and without mala fide intent does not constitute unfair labour practice.

labor appeal_allowed Significant deputation transferability unfair labour practice victimization