High Court of Bombay

5,061 judgments

Year:

Khilari Rajendra Eknath and Others v. The State of Maharashtra and Others

28 Apr 2023 · S.V. Gangapurwala; Sandeep V. Marne

The Bombay High Court held that employees whose recruitment process commenced before 01.11.2005 are entitled to the Old Pension Scheme despite appointment after that date, aligning with Central Government policy and rejecting delay objections.

administrative petition_allowed Significant Old Pension Scheme Defined Contributory Pension Scheme Recruitment vs Appointment Pension applicability

Indian Performing Right Society Limited v. Rajasthan Patrika Pvt. Ltd.

28 Apr 2023 · Manish Pitale
Cites 0 · Cited by 2

The Bombay High Court held that the 2012 amendments to the Copyright Act do not confer new substantive rights to authors of original works to claim royalties on sound recordings communicated to the public, dismissing IPRS's interim relief applications.

intellectual_property petition_dismissed Significant Copyright Act 1957 2012 Amendment Indian Performing Right Society sound recordings

Dr. Dhananjay Patil v. The Honourable Minister of Industries & Ors.

28 Apr 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court dismissed the petition challenging allotment of industrial land to a partnership firm, holding that the petitioner’s claim based on right of first refusal was barred by constructive res judicata and his conduct in the tender process precluded relief.

property petition_dismissed Significant right of first refusal constructive res judicata Code of Civil Procedure Section 11 tender process

Prakash G. Patel v. The Land Acquisition Collector

28 Apr 2023 · R. D. Dhanuka; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court held that substantial modifications to a land acquisition Award beyond clerical corrections under Section 33 of the 2013 Act are illegal, quashed such modifications, and allowed restoration and compensation for unlawful demolition.

property appeal_allowed Significant Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 33 Corrigendum Award

Maharashtra Rajya Rashtriya Kamgar Sangh (INTUC) v. M/s. Exide Industris Ltd

28 Apr 2023 · N. J. Jamadar

The Bombay High Court upheld the employer's right to transfer employees to a newly established plant under an express transferability clause, dismissing allegations of mala fide and unfair labour practice.

labor appeal_dismissed Significant transferability clause unfair labour practice mala fide transfer trade union

Prasanna Laxmikant Joshi & Ors. v. State of Maharashtra & Ors.

26 Apr 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court held that spousal consent is not required under the Transplantation of Human Organs and Tissues Act, 1994 for organ donation between near relatives and allowed a kidney transplant despite the donor's estranged spouse's objections.

criminal petition_allowed Significant organ donation kidney transplant Transplantation of Human Organs and Tissues Act, 1994 spousal consent

Tadavi Yasin Supdu & Ors. v. The Additional Collector, Raigad & Ors.

26 Apr 2023 · R.D. Dhanuka; Gauri Godse

The Bombay High Court held that land valuation for payment of consideration under Section 36-A MLR Code must be based on the ready reckoner rates prevailing on the date of application when delay in processing is not attributable to the applicant.

property petition_allowed Significant Section 36-A Maharashtra Land Revenue Code ready reckoner valuation prior permission land transfer

M/s. Tri-Parulex Fire Protection System v. M/s. CTR Manufacturing Industries Private Limited

25 Apr 2023 · K. R. Shriram; Rajesh S. Patil

The Bombay High Court set aside an interim injunction against the appellant, holding that mere use of differential relay with Buchholz relay and circuit breaker does not infringe the respondent’s patent claiming novelty in a specific sequence of signals.

civil appeal_allowed Significant patent infringement interim injunction process patent product patent

HSBC PI Holdings (Mauritius) Limited v. Avitel Post Studioz Limited and others

25 Apr 2023 · Manish Pitale

The Bombay High Court upheld enforcement of a foreign arbitral award, rejecting respondents' bias objections based on non-disclosure by arbitrators under the IBA guidelines and Indian law.

civil petition_allowed Significant foreign arbitral award enforcement bias non-disclosure

Rohan Vishwanath Khedekar v. Devgad Jamsande Nagarpanchayat & Ors.

25 Apr 2023 · R. D. Dhanuka; Gauri Godse

The Bombay High Court held that refusal to permit cross-examination in municipal councillor disqualification proceedings violates natural justice and quashed the disqualification order, remanding the matter for fresh hearing with opportunity to cross-examine witnesses.

administrative appeal_allowed Significant natural justice cross-examination disqualification municipal councillor

Concord Co-operative Housing Society v. Amedmal Indrabhan Bhatewada

25 Apr 2023 · Sarang V. Kotwal

The Bombay High Court held that an application under Section 54 CPC to send a partition decree to the Collector is a ministerial act not barred by limitation, affirming the Collector's power to effect partition under a final decree in estates assessed to Government revenue.

civil appeal_dismissed Significant Section 54 CPC partition decree Order XX Rule 18 CPC final decree

M/s. Ajay Industrial Corporation Ltd. v. Assistant Commissioner of Customs

25 Apr 2023 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that an importer is entitled to refund of customs duty paid on goods never received due to loss before clearance, directing Customs to refund with interest despite inter-departmental disputes.

administrative petition_allowed Significant customs duty refund short landing pilferage Customs Act 1962

Taher Fakhruddin Saheb v. Mufaddal Burhanuddin Saifuddin

23 Apr 2023 · GS PATEL J · 2024:BHC-OS:6579

The Bombay High Court dismissed the suit challenging the succession to the 53rd Dai al-Mutlaq, holding that the Plaintiff failed to prove a valid and irrevocable nass appointment, thereby upholding the Defendant's claim.

civil appeal_dismissed Significant Dawoodi Bohra Dai al-Mutlaq nass succession

Mumbai Electric Employees Union v. The Additional Labour Commissioner

20 Apr 2023 · S.V. Gangapurwala; Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that a registered wage agreement with a representative union governs contract workers' wages, precluding non-members from claiming equal wages under Maharashtra Rules, 1971, absent substantial similarity in work performed.

labor petition_dismissed Significant contract labour wage parity representative union Bombay Industrial Relations Act, 1946

Kisan Govind Sutar v. State of Maharashtra

20 Apr 2023 · R.D. Dhanuka; Gauri Godse

The Bombay High Court dismissed writ petitions seeking land allotment under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 for land acquired in 1962, holding the Act does not apply retrospectively and no entitlement arises without statutory compliance.

administrative petition_dismissed Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 Land Acquisition Act, 1894 project affected persons land allotment

Nikhil Meena Patel v. The Mamlatdar

20 Apr 2023 · G. S. Kulkarni; R. N. Laddha

The Bombay High Court quashed the cancellation of a Scheduled Caste certificate of a petitioner born of an inter-caste marriage, holding that caste determination depends on factual upbringing and directed a fresh fair hearing.

constitutional remanded Significant caste certificate Scheduled Caste inter-caste marriage constitutional rights

M/s. Aditya Enterprises v. City Industrial and Development Corporation of Maharashtra Ltd.

20 Apr 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court held that highest bidders in a tender process acquire no vested right to allotment before contract conclusion and upheld CIDCO's cancellation of tenders to secure higher public revenue as non-arbitrary administrative action.

administrative appeal_dismissed Significant tender cancellation highest bidder vested right allotment letter

Rajiv Ranjan Singh v. Securities & Exchange Board of India & The State of Maharashtra

20 Apr 2023 · Amit Borkar, J.
Cites 1 · Cited by 0

The Bombay High Court held that absence of penalty in SEBI adjudication does not bar criminal prosecution under Section 27(1) of the SEBI Act and upheld the rejection of discharge of the CEO accused of unauthorized pledging of client securities.

criminal appeal_dismissed Significant SEBI Act, 1992 Section 27(1) SEBI Act discharge under Section 227 CrPC adjudication order

Umesh v. M/s. Haffkine Bio-Pharmaceutical Corporation Ltd.

19 Apr 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The court held that a contractual appointment for a fixed tenure does not entitle continuation or regular pay scale beyond the contract period, and the petitioner was rightly reverted to his substantive post after contract expiry.

service_law petition_dismissed Significant contractual appointment regular pay scale ad hoc employee replacement direct recruitment

Uttam Manulal Kale v. State of Maharashtra

19 Apr 2023 · S. M. Modak

Special Leave to appeal against acquittal in a defamation case under Section 500 IPC was refused as the trial court properly appreciated evidence without manifest error.

criminal petition_dismissed defamation Section 500 IPC Special Leave to Appeal appreciation of evidence