High Court of Bombay

4,240 judgments

Year:

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

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