High Court of Bombay

4,240 judgments

Year:

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

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

Prabhu Anant Lungase and Anr. v. Pralhad Hanumant Kamble and Ors.

05 Jun 2023 · Milind N. Jadhav

The Bombay High Court upheld the landlord's right under Section 33B of the Maharashtra Tenancy and Agricultural Lands Act to possession based on a valid Section 88C exemption certificate, dismissing the tenant's writ petition challenging concurrent orders of revenue authorities.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 88C exemption certificate Section 33B possession proceedings deemed purchaser

Bharat Thakaji Jadhav v. Kisan Tulsiram Aware

05 Jun 2023 · N. J. Jamadar

The High Court upheld the Maharashtra Revenue Tribunal's finding that lawful cultivation suffices to establish tenancy under the Maharashtra Tenancy Act, rejecting the petitioners' challenge and clarifying the commencement of the right to purchase period under Section 32-O.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 4 tenancy definition Section 32-O right to purchase deemed tenant

Gajanan Mahadeo Potdar v. Govind Maruti Jare & Ors.

05 Jun 2023 · Milind N. Jadhav

The High Court quashed the trial court's order impleading purchasers who acquired suit properties in violation of an injunction, holding them not proper parties to the suit.

civil petition_allowed Significant temporary injunction impleadment Order I Rule 10 CPC sale deed

Safset Agencies Private Ltd. v. Riddhi Rahul Kumar Gosalia & Ors.

05 Jun 2023 · Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court upheld the Appellate Bench's order directing deposit of fair market rent exceeding contractual damages as a precondition for stay of eviction decree in a license dispute, applying the Atma Ram Properties principle to licensees.

civil petition_dismissed Significant Leave and Licence Agreement eviction decree fair market rent Atma Ram Properties

Smt. Nair Pushpa Sureshkumar & Ors. v. The State of Maharashtra & Ors.

29 May 2023 · Amit Borkar

The Bombay High Court upheld the disqualification of a cooperative society's Managing Committee for deliberate delay in supplying documents and confirmed the appointment of an administrator under the Maharashtra Co-operative Societies Act.

administrative appeal_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 154B-8 Section 154B-23 disqualification of committee members

Raju Dhondiram Akrupe v. State of Maharashtra & Ors.

26 May 2023 · Abhay Ahuja; M. M. Sathaye

The Bombay High Court upheld the Maharashtra Administrative Tribunal’s order denying age relaxation to a government servant seeking to appear in a civil services examination under newer recruitment rules superseding the 1939 Rules.

administrative petition_dismissed age relaxation Bombay Civil Services Rules 1939 recruitment by nomination Maharashtra Administrative Tribunal

Atharva Milind Desai v. Joint Admission Board, IIT

24 May 2023 · Abhay Ahuja; M. M. Sathaye

The Bombay High Court dismissed the petition seeking late registration for JEE Advanced 2023, holding that strict adherence to prescribed timelines and rules is mandatory and courts cannot relax such rules under writ jurisdiction.

constitutional petition_dismissed Significant JEE Advanced registration timeline Article 226 writ petition