High Court of Bombay

5,131 judgments

Year:

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

Zoru Darayus Bhathena v. Maharashtra State Road Development Corporation & Ors.

22 May 2023 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that environmental clearance conditions prohibiting commercial development on reclaimed land for Bandra-Worli Sea Link continue to apply despite the land falling outside CRZ under later notifications, restraining MSRDC from commercial exploitation.

environmental appeal_allowed Significant Coastal Regulation Zone Notification Environmental Clearance Land Reclamation Public Interest Litigation

Banganga Anurag Cooperative Housing Society Limited v. Purushottam Prabhakar Chavan

22 May 2023 · Amit Borkar

The Bombay High Court held that a cooperative housing society lawfully refused membership to an auction purchaser until all outstanding dues were cleared, affirming that auction buyers inherit society liabilities and deemed membership does not arise where timely refusal is communicated.

civil appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 154B-7 membership refusal deemed membership

JKC General Trading Company v. Union of India

18 May 2023 · M.S. Sonak; Advait M. Sethna

The Bombay High Court directed Customs authorities to pass reasoned speaking orders within two months after remand, emphasizing the statutory duty to ensure procedural fairness and uphold the taxpayer's right to appeal.

tax petition_allowed Significant speaking order Section 17(5) Customs Act natural justice customs duty

M/s Sagar Twisters v. Mahanagar Gas Limited

09 May 2023 · Advait M. Sethna

The Bombay High Court appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, holding that a clause allowing unilateral appointment by one party is invalid and the court must intervene when the other party fails to appoint.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 arbitration agreement sole arbitrator appointment

Pruthviraj Sahebrao Jachak v. State of Maharashtra

08 May 2023 · Sandeep V. Marne

The High Court upheld the Election Officer's rejection of objections to the provisional voters list, holding that the amended MCS Act abolished active/non-active member classification and limited the Election Officer's jurisdiction in election disputes.

administrative appeal_dismissed Significant Maharashtra Co-operative Societies Act, 1960 active member non-active member voters list

Pruthviraj Sahebrao Jachak v. State of Maharashtra

08 May 2023 · Sandeep V. Marne

The Bombay High Court upheld the election officer's rejection of objections to the provisional voters list, holding that the amended MCS Act abolished the active/non-active member classification and limited the election officer's jurisdiction in election roll scrutiny.

administrative appeal_dismissed Significant Maharashtra Co-operative Societies Act, 1960 active member non-active member voters list

Chanchal Bhagwatilal Gokhru v. Union of India

04 May 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment after four years requires fresh tangible material and quashed the reassessment notice issued without such material.

tax petition_allowed Significant Income Tax Act 1961 Section 148 Reopening of assessment Change of opinion

M/s. Aditi Constructions v. Deputy Commissioner of Income Tax

04 May 2023 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court quashed the reopening notice under section 148 of the Income-tax Act for AY 2008-09, holding that mere change of opinion without failure to disclose material facts does not justify reassessment.

tax petition_allowed Significant Income-tax Act 1961 Section 148 Reopening of assessment Failure to disclose material facts

Pr. Commissioner of Income Tax-19 v. Vishwashakti Construction

04 May 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court upheld the ITAT's decision restricting addition to 12.5% of disputed bogus purchases, recognizing that the assessee completed contracted works and thus the entire purchase amount could not be treated as bogus.

tax appeal_dismissed Significant bogus purchases income tax assessment profit element addition Section 133(6) compliance

A&J Associates v. The Assistant Commissioner of Income Tax

04 May 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment beyond four years is impermissible if based on a mere change of opinion without new material, quashing the reassessment notice and order.

tax petition_allowed Significant reopening of assessment section 148 Income-tax Act change of opinion escaped income

Koushik Jagathalaprathaban v. Karishma Ashokkumar Upadhyay

04 May 2023 · Neela Gokhale

The Bombay High Court held that custody orders under the Hindu Marriage Act can be modified in the child's interest even after a consent divorce decree, while guardianship must be sought under the Guardianship and Wards Act.

family appeal_allowed Significant custody modification Hindu Marriage Act Section 26 guardianship Guardianship and Wards Act, 1890

The Oriental Insurance Co. Ltd. v. Purnima Rajesh Parikh

04 May 2023 · Rajesh S. Patil

The Bombay High Court upheld insurer's liability under a comprehensive policy for death of an employee occupant in a motor accident, rejecting insurer's plea of drunken driving breach raised first on appeal, and enhanced compensation with interest to claimants.

civil appeal_dismissed Significant Motor Vehicles Act Insurance policy liability Drunken driving Comprehensive insurance policy

The State of Maharashtra v. Rajesaheb Yashwant Rane

04 May 2023 · S. M. Modak

The Bombay High Court upheld the acquittal of a Talathi accused of corruption due to unreliable prosecution evidence, inadmissible digital recordings, and invalid sanction for prosecution.

criminal appeal_dismissed Significant Prevention of Corruption Act bribery digital evidence Section 65B certificate