High Court of Bombay

5,061 judgments

Year:

Narayani Trexim Pvt. Ltd. v. State of Maharashtra & Ors.

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

The Bombay High Court held that extensions granted by CIDCO altered the original payment schedule by novation, precluding cancellation of allotment for delayed payment once the lease premium and delayed charges were paid, and set aside the termination and forfeiture of earnest money.

property appeal_allowed Significant lease premium delayed payment charges novation Indian Contract Act Section 62

Atur Park-4 Co-operative Housing Society Limited v. State of Maharashtra

19 Apr 2023 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court dismissed the writ petition seeking acquisition and compensation for a Development Plan road strip, holding that prior exemption orders, written assurances, and occupation certificates estop the petitioner from belatedly claiming compensation under the Fair Compensation Act.

property petition_dismissed Significant Urban Land Ceiling Act Development Plan Road Maharashtra Regional and Town Planning Act Section 51 MRTP Act

Sabita Rajesh Narang v. Sandeep Gopal Raheja & Ors.

18 Apr 2023 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court dismissed the appeal upholding the dismissal of a suit as barred by limitation and the Benami Act based on pleadings and admissions, holding that preliminary issues under Section 9A CPC can be decided without evidence if parties consent.

civil appeal_dismissed Significant Section 9A CPC Benami Transactions (Prohibition) Act, 1988 limitation preliminary issue

Vishal Kanhaiyalal Shrimali v. Union Territory of Daman and Diu

18 Apr 2023 · Revati Mohite Dere; Sharmila U. Deshmukh

The Bombay High Court quashed detention orders passed under the PASA Act for lack of material and non-application of mind, emphasizing strict adherence to procedural safeguards in preventive detention cases.

criminal petition_allowed Significant preventive detention Gujarat Prevention of Anti-Social Activities Act, 1985 personal liberty Article 21

The State of Maharashtra v. Baburao Tayappa Mhetre

18 Apr 2023 · S. M. Modak

The High Court allowed the State's appeal, convicting a public servant and an abettor for corruption offences, holding that instructing another to accept bribe does not absolve liability and minor witness variances do not warrant acquittal.

criminal appeal_allowed Significant Prevention of Corruption Act illegal gratification public servant liability abetment

Sandoz Private Limited v. Bhartiya Kamgar Karmachari Mahasangh

17 Apr 2023 · N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court held that retrenchment during pending conciliation proceedings without authority's permission violates Section 33(1)(a) of the Industrial Disputes Act, 1947 and constitutes unfair labour practice, dismissing the writ petition challenging interim relief protecting workmen.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 33(1)(a) Retrenchment Unfair labour practice

Dhanraj Balkrishna Khond v. Jagannath Sudam Sonawane

17 Apr 2023 · S. M. Modak

The High Court upheld acquittal under Section 138 of the Negotiable Instruments Act due to non-issuance of statutory notice within the prescribed period from the date of knowledge of cheque dishonour.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act statutory notice cheque dishonour time limit for notice

Jalindar Baburao Munjal v. The State of Maharashtra

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

The Bombay High Court held that the retirement age of Leading Fireman/Tandel in Pune Municipal Corporation is 58 years as per the Recruitment Rules, 2014, which supersede the earlier Service Regulations, 1954.

administrative appeal_dismissed Significant Maharashtra Municipal Corporations Act, 1949 Recruitment Rules, 2014 Service Regulations, 1954 retirement age

Tikona Infinet Private Limited v. Union of India

17 Apr 2023 · M.S. Sonak; Jitendra Jain

The Bombay High Court quashed a show cause notice seeking recovery of input tax credit for non-electronic filing of Form GST ITC-02 when the GST portal was non-functional, holding manual filing valid under such circumstances.

tax petition_allowed Significant Input Tax Credit GST ITC-02 Electronic filing Manual filing

M/s. Raj Exports v. The State of Maharashtra & Dharamchand Pukhraj Jeewawat

13 Apr 2023 · S. M. Modak

The Bombay High Court held that a solitary loan transaction without a money lending license does not bar prosecution under section 138 of the Negotiable Instruments Act when a cheque is issued towards discharge of an existing liability.

criminal appeal_allowed Significant Negotiable Instruments Act Section 138 Bombay Money Lenders Act money lending business

Vishal @ Sagar Haribhau Nanaware @ Gurav v. State of Maharashtra

13 Apr 2023 · Revati Mohite Dere; Sharmila U. Deshmukh
Cites 3 · Cited by 0

The Bombay High Court upheld the life imprisonment convictions of four accused for murder based on reliable eyewitness testimony corroborated by medical evidence, rejecting challenges based on minor contradictions and procedural discrepancies.

criminal appeal_dismissed Significant Section 302 IPC murder ocular evidence inquest panchnama

Chandan Shantaram Gunjal v. Oil and Natural Gas Corporation Ltd

13 Apr 2023 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court allowed the writ petition directing ONGC to permit the petitioner to join despite non-submission of NOC at document verification, holding that such technical violation without mala fide cannot justify denial of appointment.

administrative petition_allowed Significant No Objection Certificate Public Sector Undertaking Document Verification Suppression of Facts

Reliance General Insurance Co. Ltd. v. Aman Sanjay Tak

12 Apr 2023 · Shivkumar Dige

The Bombay High Court held that medical reimbursement received under a separate Mediclaim Policy cannot be deducted from compensation awarded by the insurer of the offending vehicle in a motor accident claim.

civil appeal_dismissed Significant medical reimbursement motor accident claim insurance liability Mediclaim Policy

The Brihan Mumbai Municipal Corporation v. Mr. Shrinivasan Ramchandra Pai

12 Apr 2023 · Shivkumar Dige

The Bombay High Court dismissed the appeal of Brihan Mumbai Municipal Corporation, upholding the Tribunal's award of compensation based on credible eyewitness testimony identifying the BEST bus as the offending vehicle despite registration number discrepancies.

civil appeal_dismissed motor accident claim eyewitness testimony false implication BEST bus

M/s. P. P. Associate v. Mira Bhayander Municipal Corporation & State of Maharashtra

12 Apr 2023 · Sunil B. Shukre; M. W. Chandwani

The Bombay High Court upheld the constitutional validity of Clause 3.0(vi) of the 2016 TDR regulations, holding that lawful possession taken before the notification excludes entitlement to additional TDR under the new scheme.

administrative petition_dismissed Significant Transferable Development Rights Development Right Certificate Land Acquisition Lawful Possession

Chinmay Gurunath Parale v. State of Maharashtra

12 Apr 2023 · Sunil B. Shukre; M.W. Chandwani

The Bombay High Court held that the reservation for a children's play park lapsed under Section 127 of the MRTP Act due to non-acquisition within statutory time after a valid purchase notice by the landowner.

administrative petition_allowed Significant Section 127 Maharashtra Regional and Town Planning Act lapse of reservation purchase notice validity land acquisition

Keyur Kiritkumar Modi; Jugal Bhupendralal Modi; Bhimesh Narendra Mehta v. The State of Maharashtra; Ramesh Kashinath Bhosale

12 Apr 2023 · Sunil B. Shukre; M. M. Sathaye

The Bombay High Court quashed criminal proceedings against builders in a flat sale dispute, holding that the allegations constituted a civil dispute and did not disclose any offence under the IPC.

criminal petition_allowed Significant Section 482 CrPC quashing of FIR cheating under IPC criminal breach of trust

Mayur Arun Tapase v. The State of Maharashtra

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

The Bombay High Court allowed writ petitions directing the State Government to appoint petitioners to police motor transport posts, holding that experience and ability requirements must be read conjunctively and that the State Government exceeded its authority in declaring them ineligible after MPSC's recommendation.

administrative appeal_allowed Significant eligibility criteria recruitment rules experience and ability government vehicles

Swapnil Baban Shinde v. State of Maharashtra and Ors

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

The Bombay High Court upheld the invalidation of the petitioner's caste certificate claiming Kunbi caste due to failure to prove direct genealogical connection despite court-ordered vigilance inquiry.

administrative petition_dismissed Significant caste certificate Kunbi caste Other Backward Class vigilance inquiry

Metallurgical Products (India) Pvt. Ltd. v. Government of India & Ors.

11 Apr 2023 · K. R. Shriram; Rajesh S. Patil
Cites 2 · Cited by 0

The Bombay High Court dismissed the petition seeking renewal of a radioactive residue disposal agreement, holding no legal obligation or legitimate expectation arose against the government, and administrative discretion in such matters is not subject to mandamus absent arbitrariness.

administrative petition_dismissed Significant legitimate expectation Article 14 Atomic Energy Act 1962 Offtake Agreement