High Court of Bombay

5,061 judgments

Year:

M/s Crane Process Flow Technologies Pvt. Ltd v. Mr. Amol V. Waghmale

29 Mar 2023 · N. J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court upheld the Labour and Industrial Courts' interference with perverse departmental enquiry findings against a trade union leader, dismissing the employer's writ petition challenging the same.

labor petition_dismissed Significant departmental enquiry judicial review perverse findings disciplinary authority

Pratibha Sadanand Shetty v. The State of Maharashtra

29 Mar 2023 · Sunil B. Shukre; M. M. Sathaye

The Bombay High Court held that a Director authorizing transfer of misappropriated funds can be prima facie held liable as the company's 'alter ego', dismissing the petition to quash the FIR under criminal breach of trust and related offences.

criminal petition_dismissed Significant Director liability alter ego criminal breach of trust quashing of FIR

Vicky Amar Gomes v. The State of Maharashtra

28 Mar 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court dismissed the appellant's appeal against conviction for murder, affirming the trial court's findings based on credible eyewitness testimony and corroborative forensic evidence.

criminal appeal_dismissed murder identity of deceased eyewitness testimony extra-judicial confession

Gangadhar Karbhari Jadhav v. Union of India

27 Mar 2023 · R. D. Dhanuka; M. M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court held that compensation for acquisition of Right of User under the PMP Act must be determined under the PMP Act alone, as the Fair Compensation Act does not apply without a valid notification under Section 105(3), and the Removal of Difficulties Order is invalid.

property petition_dismissed Significant Petroleum and Minerals Pipelines Act, 1962 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Fourth Schedule Section 105(3)

Sunil Wamanrao Sakore v. Union of India

27 Mar 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that amounts paid under the Income Declaration Scheme, 2016 must be credited against tax liabilities under the Direct Tax Vivad Se Vishwas Act, 2020, directing revision of Form-3 and refund of any balance.

tax petition_allowed Significant Income Declaration Scheme 2016 Direct Tax Vivad Se Vishwas Act 2020 tax dispute resolution adjustment of payments

Forum For Fast Justice v. University of Mumbai & Ors.

27 Mar 2023 · Devendra Kumar Upadhyaya; Arif S. Doctor
Cites 1 · Cited by 0

The Bombay High Court dismissed a vague and omnibus PIL seeking directions for funding and monitoring legal aid clinics in law colleges, emphasizing the need for specific and well-founded petitions to protect judicial resources.

constitutional petition_dismissed Public Interest Litigation legal aid clinics Article 21 Article 39-A

Punjab National Bank v. Assistant Commissioner of State Tax & Ors.

24 Mar 2023 · R.D. Dhanuka; M.M. Sathaye
Cites 0 · Cited by 1

The Bombay High Court held that a secured creditor with a registered security interest under SARFAESI Act has priority over State Tax Authority's attachment under MVAT Act when the latter fails to register its charge with CERSAI, quashing the attachment order and directing transfer of the secured asset to auction purchasers.

civil appeal_allowed Significant SARFAESI Act CERSAI registration secured creditor priority attachment order

Ravindra Arvind Bande v. Vijaya Manohar Bande

24 Mar 2023 · N. J. Jamadar

The High Court quashed the cancellation of the petitioner’s market stall licence for failure to provide a hearing, upheld the finality of appellate orders under the Act, and remitted the matter for fresh decision with due process.

administrative appeal_allowed Significant Maharashtra Agricultural Produce Marketing Act, 1963 licence cancellation opportunity of hearing natural justice

Mansi Bhavin Dharani v. Bhavin Jagdish Dharani

24 Mar 2023 · R.D. Dhanuka; Gauri Godse

The Bombay High Court set aside a Family Court decree of divorce granted on admission due to lack of unequivocal admission and directed the petition to be heard on merits.

family appeal_allowed Significant divorce on admission Order 12 Rule 6 CPC Section 13(1)(ia) Hindu Marriage Act Section 151 CPC

Uday Padmakar Sirsat v. Rupali Uday Sirsat

24 Mar 2023 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court upheld a divorce decree on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, confirming the return of the wife’s streedhan and rejecting the husband’s appeal.

family appeal_dismissed Significant mental cruelty divorce Hindu Marriage Act 1955 streedhan

Sandeep v. Balmohan Vidyamandir Trust

24 Mar 2023 · Sandeep V. Marne

The Bombay High Court held that a teacher holding a two-year D.Ed. qualification is entitled to seniority in Category 'C' from the date of acquiring a B.A. degree, setting aside the School Tribunal’s order and directing consequential benefits.

labor appeal_allowed Significant seniority fixation Category C teachers D.Ed. qualification Maharashtra Employees of Private Schools Act

Lintas India Pvt Ltd v. Bharatiya Kamgar Sena Praphulban

23 Mar 2023 · N. J. Jamadar

The Bombay High Court held that under Section 50 of the Maharashtra Recognition of Trade Unions Act, the Industrial Court can compute and order recovery of wages due under a prior order but cannot determine entitlement, and modified the interest rate awarded on delayed payments.

labor appeal_allowed Significant Section 50 Maharashtra Recognition of Trade Unions Act Recovery of money due Unfair Labour Practices Industrial Court jurisdiction

John Peter Fernandes v. Saraswati Ramchandra Ghanate and others

23 Mar 2023 · Manish Pitale

The Bombay High Court upheld the rejection of specific performance but partially set aside the arbitral award directing refund, holding that arbitrators must adhere strictly to contractual terms and that judicial interference is limited to patent illegality and jurisdictional errors.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 petition Specific performance Patent illegality

Kalpesh Ghevarchand Jain v. Union of India

23 Mar 2023 · Sunil B. Shukre; Kamal Khata

The Bombay High Court held that customs authorities cannot seal immovable premises under the Customs Act and allowed the petitioner to have his statement recorded in the presence of his advocate at visible but not audible distance.

criminal appeal_allowed Significant Customs Act 1962 Section 108 Sealing of premises Movable property

Sudhakar Hanumant Pawar v. The Hon’ble Divisional Joint Registrar Co-operative Societies

23 Mar 2023 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court held that limitation under Section 92 of the Maharashtra Co-operative Societies Act does not apply to recovery proceedings under Section 154B-29 before the Registrar, dismissing the writ petition challenging the remand order.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act Section 92 Section 154B-29 limitation

Shital Digamber Sawant v. The State of Maharashtra

23 Mar 2023 · M.S. Karnik; S. M. Modak

The Bombay High Court held that possession of a valid EWS certificate is required at the time of interview, not at the date of advertisement or application, and directed the MPSC to allow the petitioner to participate in the selection process.

administrative petition_allowed Significant Economically Weaker Section EWS certificate Maharashtra Public Service Commission reservation eligibility

National Textile Corporation Ltd v. Elixir Engineering Pvt. Ltd.

21 Mar 2023 · Manish Pitale
Cites 1 · Cited by 0

The Bombay High Court set aside MSMED Act arbitration awards for lack of jurisdiction, holding that works contracts and contracts executed before MSMED registration do not attract the Act's provisions.

commercial_arbitration appeal_allowed Significant MSMED Act jurisdiction works contract arbitral award setting aside Section 34 Arbitration Act

Honey Bee Multitrading Pvt. Ltd. v. Ruchi Soya Industries Ltd.

21 Mar 2023 · BHARATI DANGRE
Cites 1 · Cited by 0

The Bombay High Court held that designation of Mumbai as the venue in the arbitration clause constitutes the seat of arbitration, conferring exclusive jurisdiction on this Court to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

civil appeal_allowed Significant seat of arbitration venue of arbitration jurisdiction Section 11(6) Arbitration Act

The Municipal Corporation of the City of Thane v. The Raymond Woollen Mills Pvt. Ltd

21 Mar 2023 · Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court dismissed writ petitions by the Municipal Corporation seeking condonation of over six years' delay in filing appeals, holding that no sufficient cause was shown and government bodies are not entitled to special treatment in limitation matters.

civil petition_dismissed Significant condonation of delay sufficient cause Limitation Act Section 5 government litigant

Bronson Barthol Dias v. Central Adoption Resource Authority

21 Mar 2023 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that adoption authorities must consider special circumstances and exercise relaxation powers before rejecting adoption applications of parents with disabled children under the Adoption Regulations 2022.

family petition_allowed Significant Adoption Regulations 2022 power of relaxation special needs children mechanical application of law