High Court of Bombay

5,131 judgments

Year:

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

M/s. P. P. Associate v. Mira Bhayander Municipal Corporation & State of Maharashtra

12 Apr 2023 · Sunil B. Shukre; M. W. Chandwani

The Bombay High Court upheld the constitutional validity of Clause 3.0(vi) of the 2016 TDR regulations, holding that lawful possession taken before the notification excludes entitlement to additional TDR under the new scheme.

administrative petition_dismissed Significant Transferable Development Rights Development Right Certificate Land Acquisition Lawful Possession

Chinmay Gurunath Parale v. State of Maharashtra

12 Apr 2023 · Sunil B. Shukre; M.W. Chandwani

The Bombay High Court held that the reservation for a children's play park lapsed under Section 127 of the MRTP Act due to non-acquisition within statutory time after a valid purchase notice by the landowner.

administrative petition_allowed Significant Section 127 Maharashtra Regional and Town Planning Act lapse of reservation purchase notice validity land acquisition

Keyur Kiritkumar Modi; Jugal Bhupendralal Modi; Bhimesh Narendra Mehta v. The State of Maharashtra; Ramesh Kashinath Bhosale

12 Apr 2023 · Sunil B. Shukre; M. M. Sathaye

The Bombay High Court quashed criminal proceedings against builders in a flat sale dispute, holding that the allegations constituted a civil dispute and did not disclose any offence under the IPC.

criminal petition_allowed Significant Section 482 CrPC quashing of FIR cheating under IPC criminal breach of trust

Mayur Arun Tapase v. The State of Maharashtra

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

The Bombay High Court allowed writ petitions directing the State Government to appoint petitioners to police motor transport posts, holding that experience and ability requirements must be read conjunctively and that the State Government exceeded its authority in declaring them ineligible after MPSC's recommendation.

administrative appeal_allowed Significant eligibility criteria recruitment rules experience and ability government vehicles

Swapnil Baban Shinde v. State of Maharashtra and Ors

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

The Bombay High Court upheld the invalidation of the petitioner's caste certificate claiming Kunbi caste due to failure to prove direct genealogical connection despite court-ordered vigilance inquiry.

administrative petition_dismissed Significant caste certificate Kunbi caste Other Backward Class vigilance inquiry

Metallurgical Products (India) Pvt. Ltd. v. Government of India & Ors.

11 Apr 2023 · K. R. Shriram; Rajesh S. Patil
Cites 2 · Cited by 0

The Bombay High Court dismissed the petition seeking renewal of a radioactive residue disposal agreement, holding no legal obligation or legitimate expectation arose against the government, and administrative discretion in such matters is not subject to mandamus absent arbitrariness.

administrative petition_dismissed Significant legitimate expectation Article 14 Atomic Energy Act 1962 Offtake Agreement

New Millenium India Property Developers Private Limited v. Maharashtra Industrial Development Corporation

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

The Bombay High Court held that title disputes do not bar making of Award or payment of compensation under the Maharashtra Industrial Development Act once land vests in the State Government upon notification, directing compliance with statutory provisions and court orders.

property appeal_allowed Significant Maharashtra Industrial Development Act, 1961 land acquisition compulsory acquisition Section 32 notification

Larsen & Toubro Limited v. The Union of India

11 Apr 2023 · M.S. Sonak; Jitendra Jain · 2024:BHC-OS:18484-DB
Cites 0 · Cited by 1

The Bombay High Court directed the DGFT to accept manually amended shipping bills under Section 149 of the Customs Act and release MEIS benefits, emphasizing that technological system limitations cannot deny lawful export incentives.

administrative petition_allowed Significant Merchandise Exports from India Scheme MEIS scrips Section 149 Customs Act amended shipping bills

A. H. Wadia Trust v. State of Maharashtra

10 Apr 2023 · Arif S. Doctor

The court set aside a unilateral deemed conveyance order granted without joining the true landowner, holding that only the promoter's rights can be conveyed and the owner must be heard under MOFA.

property appeal_allowed Significant Unilateral Deemed Conveyance Maharashtra Ownership Flats Act Promoter's rights Public Charitable Trust

Javed Ahmed Hajam v. State of Maharashtra

10 Apr 2023 · Sunil B. Shukre; M. M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court held that a WhatsApp status proclaiming August 5 as a black day without reasoned justification prima facie constituted an offence under Section 153-A IPC and refused to quash the FIR.

criminal petition_dismissed Significant Section 153-A IPC freedom of speech Article 19 Constitution public tranquility

Sanjay Ratra v. Assistant Commissioner of Income Tax Circle, Mumbai

08 Apr 2023 · M. S. Sonak; Jitendra Jain

The Bombay High Court dismissed the writ petition challenging the reopening of income tax assessment under Section 148 based on new information of undisclosed income not examined in the original limited scrutiny assessment.

tax petition_dismissed Significant Income Tax Act 1961 Section 148 Reopening of assessment Section 148A

Roshanbi Aziz Motiwala v. The Competent Authority and Deputy Collector

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

The Bombay High Court held that landowners are entitled to 9% interest on delayed compensation payments under the National Highways Act, 1956, quashing the Competent Authority's rejection of interest claims.

administrative appeal_allowed Significant land acquisition compensation interest on delayed payment National Highways Act 1956

Shantapa alias Shantesh S. Kalasgond v. M/s. Anna

06 Apr 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court dismissed the appeal seeking injunction against use of the mark 'Anna', holding that prior contradictory representations during trademark registration estopped the appellant from claiming passing off despite prior use.

intellectual_property appeal_dismissed Significant trademark registration passing off prior user rights prosecution history estoppel