High Court of Bombay

5,061 judgments

Year:

Manoj Mohan Mahind & Ors. v. State of Maharashtra & Ors.

20 Mar 2023 · S. V. Gangapurwala; Sandeep V. Marne

The Bombay High Court upheld MPSC's right to shortlist candidates based on higher qualifications under its 2014 Rules but refrained from conclusively deciding on the validity of private hospital experience, directing consideration of original applicants for remaining vacancies.

administrative appeal_allowed Significant shortlisting criteria preferential qualification BDS MDS

Nalini @ Madhavi Madhukar Murkute v. Deepak Manohar Gaikwad & Ors.

20 Mar 2023 · M.M. Sathaye

Transposition of a defendant as plaintiff under Order 23 Rule 1A CPC is impermissible where there is a conflict of interest with the plaintiff, especially in cases of partial withdrawal of suit claims.

civil petition_allowed Significant transposition Order 23 Rule 1A CPC partial withdrawal conflict of interest

Nilesh Ramdhan Gavai v. The State of Maharashtra

20 Mar 2023 · Sunil B. Shukre; Abhay S. Waghwase
Cites 2 · Cited by 0

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC, holding that the killing occurred in a sudden fight without premeditation.

criminal sentence_modified Significant Section 302 IPC Section 304 Part I IPC Exception 4 of Section 300 IPC culpable homicide

Kharghar Co-op. Housing Societies Federation Ltd. v. Municipal Commissioner, Panvel Municipal Corporation

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

The Bombay High Court dismissed a writ petition challenging retrospective property tax bills by Panvel Municipal Corporation, holding that statutory appeal remedies must be exhausted before invoking writ jurisdiction.

administrative petition_dismissed Significant property tax Maharashtra Municipal Corporation Act, 1949 Section 406 writ petition

Sanghmitra R. Sandansing v. Municipal Corporation of Greater Mumbai & Ors.

17 Mar 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court held that the Municipal Corporation must conduct a comparative review of promotion cases applying uniform standards, setting aside the isolated consideration of the petitioner and making the junior officer's promotion provisional pending reconsideration.

administrative petition_allowed Significant Departmental Promotion Committee promotion comparative assessment seniority-cum-merit

Mr. Karam Hussain Mohabbat Ali Shah v. Mr. Abdul Latif Lakdawala

17 Mar 2023 · S. M. Modak
Cites 2 · Cited by 0

The Bombay High Court upheld the acquittal of the accused under Section 138 of the Negotiable Instruments Act, holding that the accused successfully rebutted the presumption of liability by proving non-delivery of goods and stop payment instructions.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act presumption of liability rebuttal of presumption stop payment instructions

Reliance General Insurance Co. Ltd. v. Manjula Kabiraj Das

17 Mar 2023 · Shivkumar Dige

The Bombay High Court upheld the Motor Accident Claims Tribunal's award, ruling that salary deductions for compensation exclude allowances except Income and Professional Tax, future prospects are justified, and compassionate employment or ex-gratia payments do not bar compensation claims.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 compensation salary deduction future prospects

The Willingdon Sports Club v. Nagnesh alias B.S. Akhade & Ors.

17 Mar 2023 · Sandeep V. Marne

The High Court upheld the Executing Court’s order holding that the decree for possession of one hut was fully satisfied and rejected the Plaintiff’s attempt to recover additional land not included in the suit premises.

civil appeal_dismissed Significant execution of decree description of suit property Order VII Rule 3 CPC Order XXI CPC

Murlidhar Waman Bombale; Waman Tulshiram Bombale; Vishnu Waman Bombale v. The State of Maharashtra

15 Mar 2023 · Sunil B. Shukre; Abhay S. Waghwase

The High Court upheld the murder conviction of accused No. 1 for a fatal single blow but acquitted accused Nos. 2 and 3 of murder due to lack of common intention, maintaining their convictions for lesser offences.

criminal appeal_partly_allowed Significant Section 302 IPC common intention single blow murder Section 34 IPC

Gujrat Apollo Industries Ltd. v. The State of Maharashtra & Ors.

15 Mar 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court dismissed the petition challenging fresh tendering by the Municipal Corporation, holding that no enforceable right accrued to the petitioner consortium and that the tendering authority's decision was not arbitrary or irrational.

administrative petition_dismissed Significant tender process consortium bid contract award judicial review

NSEL Investors Action Group v. Chandravali Manek

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

The Bombay High Court upheld the trial court’s order permitting equitable, graded distribution of recovered monies to individual investors with outstanding amounts between Rs.10 lakhs and Rs.20 lakhs under the MPID Act, dismissing the appellant’s challenge to the classification and jurisdiction.

criminal appeal_dismissed Significant MPID Act equitable distribution graded distribution depositors’ protection

Shiva Shankar Mamidi v. Union of India & Ors.

15 Mar 2023 · DHIRAJ SINGH THAKUR; SANDEEP V. MARNE

The Bombay High Court held that departmental enquiry and criminal trial can proceed simultaneously unless identical charges and evidence exist and the criminal charge is grave, and dismissed the petition seeking stay of departmental enquiry during pendency of criminal trial.

administrative petition_dismissed Significant departmental enquiry criminal trial stay of proceedings simultaneous proceedings

M/s. Gangotri Developers v. Shri Ajit Anantrao Butte Patil & Ors.

14 Mar 2023 · K. R. Shriram; Rajesh S. Patil

The Bombay High Court held that a plaint cannot be summarily rejected under Order VII Rule 11(d) CPC on disputed factual grounds regarding partnership registration, restoring the suit for trial and emphasizing that such issues require evidence and cannot be decided at the pleading stage.

civil appeal_allowed Significant Order VII Rule 11(d) CPC rejection of plaint barred by law Indian Partnership Act Section 69

Gouri Abhay Bhide v. Union of India & Ors.

14 Mar 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 1 · Cited by 0

The Bombay High Court dismissed a PIL seeking direction to CBI/ED to investigate allegations against political figures, holding that vague and speculative allegations without prima facie evidence do not warrant judicially ordered investigation under Article 226.

constitutional petition_dismissed Significant writ jurisdiction Article 226 CBI investigation prima facie case

XYZ v. The Union of India

14 Mar 2023 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the Central Government's 2023 notification prohibiting donor gametes in surrogacy is contrary to the Surrogacy Act and unconstitutional as applied to petitioners with medical necessity, allowing them to proceed with surrogacy without complying with that condition.

constitutional appeal_allowed Significant Surrogacy (Regulation) Act, 2021 Surrogacy (Regulation) Rules, 2022 donor gametes gestational surrogacy

The Principal Commissioner of CGST & Central Excise, Mumbai East Commissionerate v. The Securities and Exchange Board of India

13 Mar 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court dismissed the revenue's appeal, upholding the CESTAT's finding that extended limitation for service tax demand could not be invoked without evidence of wilful suppression or fraud by SEBI.

tax appeal_dismissed Significant service tax extended period of limitation wilful suppression sovereign function

MRK Enterprises v. Maharashtra Coastal Zone Management Authority & Ors.

13 Mar 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court allowed the writ petition directing issuance of occupancy certificate without requiring revised CRZ clearance, applying paragraph 8(V)(c)(2)(i) of CRZ Notification 2011 to ongoing redevelopment projects with prior development permission under DCR 1991.

administrative petition_allowed Significant Coastal Regulation Zone Notification 1991 Coastal Regulation Zone Notification 2011 Development Control Regulations 1967 Development Control Regulations 1991

Karanja Terminal & Logistics Pvt Ltd v. Sahara Dredging Ltd

13 Mar 2023 · Milind N. Jadhav

The Bombay High Court upheld an arbitral interim order directing security for an admitted claim, emphasizing limited judicial interference in discretionary arbitral interim relief under Section 17 of the Arbitration Act.

commercial_arbitration appeal_dismissed Significant Section 17 Arbitration Act interim security reconciliation statement Order XXXVIII Rule 5 CPC

Union of India v. Chandrakant Sakharam Joshi

13 Mar 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court upheld the Tribunal's order setting aside the removal penalty due to cumulative procedural violations including failure to conduct mandatory general examination under Rule 9(21), ordering reinstatement without back wages.

administrative appeal_dismissed Significant departmental inquiry Vigilance Manual paragraphs 704 and 705 Rule 9(21) Railway Services Rules Inquiry Officer as presenting officer

Niloufer Soli Lam v. Zarir Pesi Bharucha

13 Mar 2023 · Sunil B. Shukre; Rajesh S. Patil

The Bombay High Court held that matrimonial disputes relating to property fall exclusively within the Family Court's jurisdiction under the Family Courts Act, 1984, and transferred the suit filed in the High Court to the Family Court.

family appeal_allowed Significant Family Courts Act, 1984 jurisdiction matrimonial dispute property dispute