High Court of Bombay

5,131 judgments

Year:

Manekbben Rama Tandel & Dharmesh Sukkar Tandel v. The Collector, Daman & Ors.

04 May 2023 · R. D. Dhanuka; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court quashed land acquisition notifications and awards for non-compliance with mandatory procedural requirements under the Land Acquisition Act, emphasizing strict adherence to Sections 4, 6, 11, and 15 for valid acquisition.

property petition_allowed Significant land acquisition Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 4 notification Social Impact Assessment (SIA)

Radheshyam Jangad v. Shanti Pralhad Sakla & Ors.

04 May 2023 · Madhav J. Jamdar

The Bombay High Court held that a purported oral judgment and related documents were forged, recalled earlier orders, stayed proceedings, and directed criminal action for fabrication of court records affecting administration of justice.

civil other Significant forged court order fabricated documents testamentary petition Section 195 CrPC

Siemens Limited v. The State of Maharashtra

03 May 2023 · A. S. Chandurkar; M. W. Chandwani

The Bombay High Court held that unreasonable delay of nearly ten years in completing assessment proceedings under the Maharashtra Municipal Corporation (Cess on Entry of Goods) Rules, 1996 renders such assessment liable to be quashed.

tax appeal_allowed Significant Maharashtra Municipal Corporations Act, 1949 Maharashtra Municipal Corporation (Cess on Entry of Goods) Rules, 1996 assessment of cess Form-H notice

Shelton Infrastructure Pvt Ltd v. State of Maharashtra & Ors.

03 May 2023 · G. S. Kulkarni; R. N. Laddha
Cites 1 · Cited by 0

The Bombay High Court held that NMMC cannot reserve CIDCO-vested plots without statutory procedure, affirming petitioners' allotments and directing CIDCO to accept lease premium payments without penalties following Supreme Court dismissal of related SLPs.

administrative appeal_allowed Significant CIDCO Navi Mumbai Municipal Corporation MRTP Act New Town Development Authority

Mira Bhayander Mahanagarpalika Shramik Karmachari Sahakari Patsanstha Limited v. The Divisional Joint Registrar, Konkan

03 May 2023 · N. J. Jamadar

The Bombay High Court held that deregistration of a cooperative society under Section 21A requires specific statutory grounds and cannot be based on economic viability or name similarity alone, upholding the petitioner's right to registration subject to conditions.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 21A deregistration of cooperative society economic viability

M/s. Bhima Mahabharat Builders and Developers v. State of Maharashtra

03 May 2023 · A.S. Chandurkar; M. W. Chandwani

The Bombay High Court held that the appellate authority under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 lacks jurisdiction to determine buffer zones for Solid Waste Management Projects, which must be fixed following the Solid Waste Management Rules, 2016, and set aside the 2016 order fixing a reduced buffer zone.

administrative appeal_dismissed Significant Maharashtra Regional and Town Planning Act, 1966 Section 47 appeal buffer zone Solid Waste Management Rules, 2016

Pinkesh Dhiraj Patel & Anr. v. The State of Maharashtra & Anr.

03 May 2023 · Sunil B. Shukre; M. M. Sathaye

The Bombay High Court held that prima facie evidence of an overt act with knowledge likely to cause death warrants trial under Section 304 IPC and dismissed the petition seeking quashing of criminal proceedings.

criminal petition_dismissed Significant culpable homicide Section 304 IPC Section 227 CrPC overt act

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