High Court of Bombay

5,131 judgments

Year:

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

Kisan Govind Sutar v. State of Maharashtra

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

The Bombay High Court dismissed writ petitions seeking land allotment under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 for land acquired in 1962, holding the Act does not apply retrospectively and no entitlement arises without statutory compliance.

administrative petition_dismissed Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 Land Acquisition Act, 1894 project affected persons land allotment

Nikhil Meena Patel v. The Mamlatdar

20 Apr 2023 · G. S. Kulkarni; R. N. Laddha

The Bombay High Court quashed the cancellation of a Scheduled Caste certificate of a petitioner born of an inter-caste marriage, holding that caste determination depends on factual upbringing and directed a fresh fair hearing.

constitutional remanded Significant caste certificate Scheduled Caste inter-caste marriage constitutional rights

M/s. Aditya Enterprises v. City Industrial and Development Corporation of Maharashtra Ltd.

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

The Bombay High Court held that highest bidders in a tender process acquire no vested right to allotment before contract conclusion and upheld CIDCO's cancellation of tenders to secure higher public revenue as non-arbitrary administrative action.

administrative appeal_dismissed Significant tender cancellation highest bidder vested right allotment letter

Rajiv Ranjan Singh v. Securities & Exchange Board of India & The State of Maharashtra

20 Apr 2023 · Amit Borkar, J.
Cites 1 · Cited by 0

The Bombay High Court held that absence of penalty in SEBI adjudication does not bar criminal prosecution under Section 27(1) of the SEBI Act and upheld the rejection of discharge of the CEO accused of unauthorized pledging of client securities.

criminal appeal_dismissed Significant SEBI Act, 1992 Section 27(1) SEBI Act discharge under Section 227 CrPC adjudication order

Umesh v. M/s. Haffkine Bio-Pharmaceutical Corporation Ltd.

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

The court held that a contractual appointment for a fixed tenure does not entitle continuation or regular pay scale beyond the contract period, and the petitioner was rightly reverted to his substantive post after contract expiry.

service_law petition_dismissed Significant contractual appointment regular pay scale ad hoc employee replacement direct recruitment

Uttam Manulal Kale v. State of Maharashtra

19 Apr 2023 · S. M. Modak

Special Leave to appeal against acquittal in a defamation case under Section 500 IPC was refused as the trial court properly appreciated evidence without manifest error.

criminal petition_dismissed defamation Section 500 IPC Special Leave to Appeal appreciation of evidence

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