High Court of Bombay
5,131 judgments
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The Bombay High Court directed the Slum Rehabilitation Authority to establish Special Cells for expeditious adjudication and recovery of transit rent and possession issues in slum rehabilitation schemes, emphasizing the fundamental right to shelter and statutory powers under Section 33B of the Maharashtra Slum Areas Act.
Bharat Kantilal Dalal v. Surendra Kantilal Dalal and 32 Ors.
The Bombay High Court held that a Civil Court has jurisdiction to entertain a Suit for administration of a deceased's estate even when probate proceedings are pending, rejecting the plea for dismissal of the Suit on grounds of exclusive probate jurisdiction.
Manjeet Singh T. Anand v. Nishant Enterprises HUF Thru. Its Karta & Anr.
The Bombay High Court held that as the Seat Court it has jurisdiction to execute an arbitral award against an HUF and that the Karta of a trading HUF is personally liable for unsatisfied debts, allowing interim relief including appointment of a Court Receiver.
Deepak s/o Shivkumar Bahry v. Heart & Soul Entertainment Ltd
The Bombay High Court upheld eviction of a licensee occupying a flat for residential purposes despite alleged commercial use, holding that the revisional authority exceeded jurisdiction by considering unrelated contractual claims.
M/s. Duphar Interfran Ltd. v. The State of Maharashtra
The Bombay High Court held that the sale of the trademark 'Crocin' to a UK company is deemed an export under Section 5(1) of the CST Act, exempting it from Maharashtra sales tax.
Alankar Padaji Mhatre; Amar Padaji Mhatre; Kamini Padaji Mhatre v. Namdeo Narayan Naik & Ors.
The High Court held that a plaintiff has an absolute right to abandon a suit or part thereof without court permission, and a defendant cannot maintain a counter-claim solely against a co-defendant, quashing the trial court's order allowing such counter-claim and rejecting the plaintiffs' amendment.
Asean International Limited and Modest & Parson International Private Limited v. State Bank of India and Others
The Bombay High Court rejected the defendant bank's application to dismiss the commercial suit at the threshold, holding that pre-institution mediation under Section 12-A was not mandatory at the suit's filing time and that the plaint disclosed a triable cause of action not barred by limitation.
Hoshang Jehangir Khan and Ors v. Khushroo Behramshaw Mogal
The Bombay High Court dismissed a Caveat propounding a forged Will lacking caveatable interest, allowing the Applicants' petition for probate of the genuine Will and Codicils.
IPCA Laboratories Limited v. Anrose Pharma
The Bombay High Court granted permanent injunction and exemplary costs to the registered proprietor of the trade mark 'ZERODOL' against the defendant's use of the deceptively similar mark 'ZEROVOL–P' on pharmaceutical products, holding it to be infringement and passing off.
Sabita Rajesh Narang v. Sandeep Gopal Raheja and Ors.
The Court dismissed the Plaintiff’s interim relief application, holding that she failed to establish coparcenary or fiduciary rights over the family business assets, and that the suit is barred by limitation and statutory provisions.
Vasantdada Patil Pratishthan v. Bharati Ashok Mandhare
The court held that an employee’s statutory right to appeal dismissal under the Universities Act overrides prior invocation of unfair labour practice jurisdiction, and where enquiry is vitiated and dismissal unjust, the appellate tribunal may set aside dismissal without remand.
M/s. Mohini Resorts Pvt. Ltd. v. Shankar Godaji Gore
The High Court held that a family settlement approved by court bars a party without nexus from intervening as decree holder in execution proceedings and set aside the order allowing such impleadment.
S.G. Mittal Enterprises Private Limited v. The Satara Sahakari Bank Ltd. and Others
The Bombay High Court held that the NCLT has exclusive contempt jurisdiction over its orders under the Companies Act and IBC, dismissing a contempt petition filed before the High Court for non-compliance of NCLT orders.
The Oriental Insurance Company Ltd v. D.J Shukla and Company
The court held that a monthly tenancy continuing after expiry of a lease is terminable by 15 days' notice under the Transfer of Property Act, validating the termination notice and entitlement to eviction and damages under the Public Premises Act.
Milan Cooperative Housing Society v. Pune Municipal Corporation
The court held that surrender of land reserved for public purposes under a sanctioned development plan in exchange for development rights constitutes valid acquisition under Section 126 of the MRTP Act, vesting title in the municipal corporation, and dismissed the society's suit challenging this arrangement after a long delay.
Stephen Noel D'Souza & Anr. v. Sadashiv Rakhmaji Bodake & Ors.
The Bombay High Court dismissed the appeal seeking specific performance of an agreement to sale, holding that the plaintiffs failed to prove readiness and willingness to perform their part, and the contract was frustrated due to seller's failure to clear encumbrances and obtain necessary permissions.
Anita Ashok Mapuskar v. Municipal Corporation of Greater Mumbai
The Bombay High Court quashed vague and malafide statutory notices alleging unauthorized construction against longstanding tenants, protecting their property rights pending suit adjudication.
Vishal Ganesh Kasabe v. State of Maharashtra
The Bombay High Court acquitted the appellant of murder charges due to insufficient and inconsistent evidence, emphasizing strict adherence to principles governing circumstantial evidence.
Green Gene Enviro Protection and Infrastructure Limited v. The State of Maharashtra & Ors.
The Bombay High Court quashed the MPCB's amendment restricting the petitioner's hazardous waste operations, holding it illegal and violative of statutory rights and fundamental freedoms.
Maharashtra State Financial Corporation v. Nimba Jagannath Tamboli
The Bombay High Court upheld reinstatement and back wages for an employee acquitted honourably after dismissal for criminal conviction, holding that employer discretion under staff regulations must be exercised in good faith and termination post-acquittal without due process amounts to unfair labour practice.