High Court of Bombay

4,240 judgments

Year:

Arvind Narayan Golande v. State of Maharashtra

03 May 2023 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court held that lawful acquisition under the Land Acquisition Act vests ownership in the government despite absence of a Section 9(3) order under the Maharashtra Land Requisition Act, dismissing petitioners' claims based on delay and procedural irregularities.

property petition_dismissed Significant Land Acquisition Act, 1894 Maharashtra Land Requisition Act, 1948 Section 9(3) possession

Golden Star Marine FZE v. GAC Shipping (India) Pvt. Ltd.

02 May 2023 · K.R. Shriram; Rajesh S. Patil

The Bombay High Court held that an agent's indemnity claim for port dues is a maritime claim under the Admiralty Act, validating the vessel's arrest and sale and permitting partial release of security to the port.

commercial_admiralty appeal_dismissed Significant maritime claim indemnity Admiralty Act 2017 action in rem

Shubhangi Vitthal Kamodkar v. The State of Maharashtra

02 May 2023 · R. D. Dhanuka; Gauri Godse

The Bombay High Court allowed substitution of the petitioner's name in place of her brother's on the compassionate appointment waitlist, holding that rigid adherence to Government Resolution restrictions cannot defeat the policy's purpose.

administrative appeal_allowed Significant compassionate appointment substitution of candidate Government Resolution waitlist

Maharashtra Public Service Commission v. Ruchita Vasant Somane

02 May 2023 · S.V. Gangapurwala; Sandeep V. Marne

The Bombay High Court held that prescribed educational qualifications in recruitment rules must be strictly complied with and the Tribunal erred in equating a Change of Faculty Test to a Bachelor’s degree absent express equivalence.

administrative appeal_allowed Significant Recruitment Rules Educational qualifications Equivalence of degrees Change of Faculty Test

Maherban Hasan Babu Khan v. The State of Maharashtra and Anr.

02 May 2023 · Anuja Prabhudessai

The Bombay High Court acquitted the appellant of POCSO and IPC sexual offences due to failure of prosecution to prove the victim was a minor below 18 years of age.

criminal appeal_allowed Significant POCSO Act age determination school leaving certificate ossification test

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

28 Apr 2023 · Manish Pitale

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

intellectual_property petition_dismissed Significant Copyright Act 1957 2012 amendments authors' rights sound recordings

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