High Court of Bombay

4,240 judgments

Year:

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

Avijit Michael v. State of Maharashtra

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

The Bombay High Court quashed an FIR alleging obstruction of a public servant by environmental protest messages, holding no offence was made out and cautioning police against frivolous FIRs suppressing democratic expression.

criminal petition_allowed Significant Section 186 IPC Information Technology Act obstruction of public servant FIR registration

Mahesh Shantilal Parekh v. The State of Maharashtra

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

The Bombay High Court quashed the FIR and criminal proceedings under Sections 406 and 420 IPC, holding that the dispute was civil in nature lacking essential criminal ingredients, and prosecution would be an abuse of process.

criminal petition_allowed Significant quashing of FIR Section 420 IPC Section 406 IPC fraudulent inducement

Anil Jaisinghani & Ors. v. The State of Maharashtra

03 Apr 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court dismissed the petition challenging the arrest and detention of petitioners, holding that they were produced before the Magistrate within the mandated 24-hour period, and no violation of constitutional or procedural safeguards occurred.

criminal petition_dismissed Article 22(2) Constitution of India Section 57 Cr.P.C. arrest and detention production before Magistrate

Nitin Baban Dethe & Ors. v. Devendra Deoram Shirsath & Ors.

03 Apr 2023 · Shivkumar Dige

The Bombay High Court allowed the appeal to enhance compensation in a motor accident claim by holding the deceased's age as 48 years, awarding future prospects and adequate consortium amount in line with Supreme Court precedents.

civil appeal_allowed Significant age of deceased future prospects consortium amount compensation enhancement

Mr. Shoaib Richie Sequeira v. State of Maharashtra

03 Apr 2023 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court directed transfer of investigation into large-scale economic offences involving Jai Corp Ltd to the CBI and SFIO to ensure a fair and impartial probe under its writ jurisdiction.

criminal appeal_allowed Significant Article 226 transfer of investigation Economic Offences Wing Central Bureau of Investigation

Purandhar Technical Education Society v. Commissioner of Income Tax

31 Mar 2023 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 1 · Cited by 0

The Bombay High Court allowed withdrawal of a mistaken fresh registration application under Section 12AB of the Income Tax Act, holding the existing valid registration subsists and the rejection order is inconsequential.

tax petition_allowed Significant Section 12AB Income Tax Act registration under Income Tax Act deemed registration withdrawal of application

Prakashkumar Mansukhlal Shah v. Smt. Sunita Anant Mehta

30 Mar 2023 · ARIF S. DOCTOR

The Bombay High Court dismissed the probate petition for a Will due to failure to prove due execution and attestation as required by law, emphasizing the necessity of attesting witnesses' evidence and the clean hands doctrine.

civil appeal_dismissed Significant Probate Will Indian Succession Act Section 63