High Court of Bombay
5,061 judgments
Kokuyo Camlin Ltd. v. The State of Maharashtra
The Bombay High Court held that challenges to municipal tax assessment orders must be pursued through the statutory appeal under Section 406 of the MMC Act, dismissing writ petitions filed by Kokuyo Camlin Ltd. and keeping open the vires challenge to Section 152D.
M/s.R.N. Ghanekar & Co. v. Municipal Corporation of Greater Mumbai
The court held that arbitration claims must be initiated within three years from the accrual of cause of action, and invocation of a pre-arbitration dispute resolution clause is not a pre-condition for arbitration, dismissing the appellant's claim as barred by limitation.
Arvind Gopalrao Basutkar & Ors v. Registrar General & Ors
The Bombay High Court held that pay scale benefits granted to Original Side officers must be extended to similarly placed Appellate Side officers to uphold equality under Article 14, directing immediate implementation of parity in service conditions.
Universal Cables Ltd. v. State of Maharashtra & Ors.
The Bombay High Court upheld CIDCO's decision to hold BNC technically qualified in a tender for underground cable works, emphasizing judicial restraint in tender matters and rejecting petitioners' challenge of arbitrariness and procedural irregularities.
Jagdish Sajjankumar Banka v. The State of Maharashtra
The Bombay High Court allowed anticipatory bail to appellants in a SC/ST Act case, holding that the bar under Section 18 applies only if a prima facie case is made out and that malafide or motivated complaints do not attract the bar.
The Barshi Bar Association v. The State of Maharashtra and Ors.
The Bombay High Court held that compromise decrees partitioning agricultural land are not compulsorily registrable and attract only nominal stamp duty under Maharashtra law, invalidating the Collector's Circular insisting otherwise.
Noshir Darabshaw Talati v. Assistant Commissioner of Income Tax
The Bombay High Court held that reopening an income tax assessment based on a mere change of opinion without new tangible material is invalid and quashed the reassessment notice and order.
Digi1 Electronics Pvt. Ltd. v. Assistant Commissioner of Income Tax & Ors.
The Bombay High Court quashed the reopening of income tax assessment due to lack of new tangible material and procedural irregularities, emphasizing the necessity of a rational nexus between information and escaped income.
Framji Dinshaw Petit Parsee Sanatorium v. Income Tax Officer and Ors.
The Bombay High Court held that reopening of assessment under section 148 without fresh tangible material is impermissible and upheld the petitioner charitable trust's right to carry forward and set off deficit, quashing the reassessment notice and order.
Angsley Investments Limited v. Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi
The Bombay High Court held that admiralty jurisdiction requires vessels to be parties and within territorial jurisdiction for arrest, disallowed injunctions against non-parties, and set aside decree against appellant for lack of jurisdiction.
Ravindra Shivram Salvi v. The State of Maharashtra
The Bombay High Court upheld the cancellation of the petitioner's arms licence under Section 17(3)(b) of the Arms Act, 1959, holding that the licensing authority's subjective satisfaction based on criminal cases registered against the petitioner justified the revocation to maintain public peace.
Lyka Labs Limited & Anr. v. The State of Maharashtra & Anr.
The Bombay High Court held that an authorized signatory of a company is not the 'drawer' under the Negotiable Instruments Act and cannot be directed to pay interim compensation under section 143A, which applies solely to the drawer (the company).
Anil Purshottam Sharma v. Monica Jignesh Parekh
The High Court held the truck driver solely negligent for a night-time expressway accident due to improper parking without hazard signals, reduced excessive compensation awarded by the Tribunal, and enhanced the claimants' compensation accordingly.
Man Global Ltd v. Ram Prakash Joukani; Man Global Ltd v. Bharat Prakash Joukani
The Bombay High Court held that appeals under Section 58 of RERA lie against any decision or order of the Appellate Tribunal, not only final orders, overruling prior contrary precedent.
Mudhit Madanlal Gupta v. Emgee Enclave LLP
The Bombay High Court held that the same arbitrator can be appointed again under Section 11 of the Arbitration Act despite prior arbitration on related issues, rejecting objections based on constructive res judicata and Fifth Schedule provisions.
Rekha Uttamrao Tapse v. Pune Municipal Corporation
The Bombay High Court upheld the employer's decision rejecting candidates with Construction Supervisor qualifications as ineligible for Assistant Encroachment Inspector posts, emphasizing employer's discretion in determining qualification equivalence.
Meghna Sanjeev Ranade v. Sanjeev Vyankatesh Ranade & Ors.
The court held that the bank's liability to pay maintenance from sale proceeds is limited to dues outstanding as of the Supreme Court's 2008 order, dismissing the appellant's claim for subsequent maintenance amounts from the bank.
Parvati Dattatray Kumbhar v. Committee for Scrutiny of Caste Claims
The Bombay High Court dismissed the petition challenging the invalidation of a caste claim, holding that inconsistent evidence and lack of Maharashtra residence on the deemed date justified denial of caste benefits.
Rita Kirit Joshi v. New India Assurance Company & Ors.
The Bombay High Court allowed a writ petition directing an insurer to honor claims for premature newborn twins, holding that exclusion clauses denying coverage for pre-term care violate IRDAI guidelines and fundamental rights under Articles 14 and 21.
Hanuman Motors Pvt. Ltd. v. M/s. Tata Motors Finance Ltd
The Bombay High Court set aside an arbitral award due to invalid unilateral appointment of the sole arbitrator by one party under Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996, affirming that such objections can be raised under Section 34 without prior objection before the arbitrator.