High Court of Bombay

5,061 judgments

Year:

Priyanka Santosh Hegishte v. The State of Maharashtra

28 Feb 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court quashed the Education Officer's refusal to approve a teacher's appointment due to administrative inaction and held that the school management was entitled to proceed with the appointment after seeking permission and receiving no response.

administrative petition_allowed Significant appointment approval Shikshan Sevak Assistant Teacher Education Officer

Shrikant Govind Taklikar; Shashikant Govind Taklikar; Sajit Narsinh Gaklikar v. State of Maharashtra; District Collector, Solapur; Deputy Collector (Land Acquisition) No.1, Solapur; Project Director, National Highways Authority

28 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court held that the Competent Authority under the National Highways Act, 1956 has no power to issue a supplementary award reducing compensation after the original award, and quashed the illegal supplementary award reducing petitioners' compensation.

property petition_allowed Significant National Highways Act, 1956 land acquisition competent authority supplementary award

Sau. Sangeeta Natwarlal Karwa v. State of Maharashtra

28 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court held that the Competent Authority under the National Highways Act, 1956 has no power to issue a supplementary award reducing compensation once the original award is passed, quashing the illegal supplementary award and directing payment of the balance compensation to the petitioners.

property petition_allowed Significant National Highways Act, 1956 land acquisition competent authority supplementary award

University of Mumbai v. Satish V. Ratnaparkhi

28 Feb 2023 · Milind N. Jadhav

The Bombay High Court upheld the Tribunal's order allowing the Director of a University Institute to continue service until 65 years, holding that AICTE Regulations and the 2011 Government Resolution govern retirement age, invalidating the University's 60-year retirement policy.

administrative petition_dismissed Significant Government Resolution 05.03.2011 Government Resolution 12.07.2016 Maharashtra Universities Act 1994 AICTE Act and Regulations

Sandeep Arjun Kudale v. The State of Maharashtra

27 Feb 2023 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court quashed FIRs under Sections 153A and 505 IPC against a petitioner for expressing political dissent, holding no prima facie offence was made out and affirming the protection of freedom of speech under the Constitution.

criminal petition_allowed Significant Section 153A IPC Section 505 IPC Freedom of speech and expression Quashing of FIR

Vasant Bhaskar Thakur and Ors. v. Sitaram Waman Thakur

27 Feb 2023 · Sandeep V. Marne
Cites 1 · Cited by 0

The High Court held that an appellate court should not routinely remand suits for retrial under Order 41 Rule 23A CPC without cogent reasons and restored the appeal for fresh disposal on merits.

civil appeal_allowed Significant Order 41 Rule 23A CPC remand of suit non-joinder of parties possession issue

Bhaskar Mahipat Pavale v. State of Maharashtra & Ors.

27 Feb 2023 · M. S. Sonak; Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that disputes regarding apportionment of compensation under the MIDC Act must be referred to the prescribed authority and set aside the SDO's order disbursing compensation without such referral.

property appeal_allowed Significant Maharashtra Industrial Development Corporation Act, 1961 Section 35 MIDC Act apportionment of compensation land acquisition

Municipal Corporation of Greater Mumbai v. Union of India

24 Feb 2023 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court allowed the Municipal Corporation of Greater Mumbai's petition permitting construction of a suction tank in the mangrove buffer zone near Gorai Village, balancing public water supply needs with environmental safeguards under CRZ regulations.

administrative appeal_allowed Significant mandamus municipal corporation water supply mangrove buffer zone

M/s. Natvar Properties Pvt. Ltd. v. Municipal Corporation of Greater Bombay

24 Feb 2023 · Rajesh S Patil
Cites 0 · Cited by 3

The Bombay High Court held that a writ petition challenging municipal property tax is not maintainable when an efficacious statutory appeal under Section 217 of the MMC Act is available and mandated deposits are not made.

civil appeal_allowed Significant Municipal Corporation of Greater Bombay property tax Section 217 MMC Act writ petition

Prakash Bhagwat Shinde & Anr v. The State of Maharashtra & Ors

24 Feb 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court directed the Pune Municipal Corporation to regularise 93 teachers appointed on leave vacancies with pay scale benefits, holding that only the School Education Department has jurisdiction over primary schools and censuring the Urban Development Department for overreach and delay.

administrative petition_allowed Significant regularisation shikshan sevaks primary teachers Pune Municipal Corporation

Dilip Babubhai Shah v. Additional Resident Deputy Collector & Ors.

24 Feb 2023 · R.D. Dhanuka; M.M. Sathaye
Cites 0 · Cited by 1

The Bombay High Court dismissed the writ petition challenging acquisition proceedings under Section 23-A of the Fair Compensation Act, holding that awards made with consent of appearing persons interested are valid and non-consenting persons have alternative remedies.

property petition_dismissed Significant Section 23-A Fair Compensation Act land acquisition persons interested consent agreement

Maruti Genba Veer and Ors. v. State of Maharashtra and Ors.

24 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court held that land holdings must be assessed as on the date of specific acquisition notification, and compulsory earlier acquisitions reduce holdings for subsequent acquisitions, quashing the acquisition of petitioners' land below the applicable slab.

property appeal_allowed Significant Land Acquisition Act, 1894 Maharashtra Resettlement of Project Displaced Persons Act, 1976 Maharashtra Project Affected Persons Rehabilitation Act, 1986 land holding slab

Ashok Bansode v. State of Maharashtra

24 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court held that landowners who accepted compensation through private negotiation under the Fair Compensation Act, 2013 cannot claim rental compensation under earlier Land Acquisition Act provisions or Government Resolutions.

property petition_dismissed Significant rental compensation land acquisition Right to Fair Compensation Act, 2013 Land Acquisition Act, 1894

Nagreeka Indcon Products Pvt. Ltd. v. Cargocare Logistics (India) Pvt. Ltd.

23 Feb 2023 · Bharati Dangre

The Bombay High Court held that an arbitration clause stating disputes "can be settled by arbitration" does not create a mandatory arbitration agreement, and dismissed the application for appointment of an arbitrator.

civil appeal_dismissed Significant arbitration agreement Section 7 Arbitration and Conciliation Act Section 11(5) Arbitration and Conciliation Act mandatory arbitration

Naresh Goyal v. The Directorate of Enforcement

23 Feb 2023 · Revati Mohite Dere; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court quashed the Enforcement Directorate's ECIR against petitioners due to the absence of a pending scheduled offence, affirming that money laundering proceedings cannot continue without a predicate offence.

criminal petition_allowed Significant Enforcement Directorate ECIR Prevention of Money Laundering Act scheduled offence

Reliance General Insurance Company Limited v. Rekha Ramdas Gorad

23 Feb 2023 · S. G. DIGE
Cites 0 · Cited by 1

The Bombay High Court dismissed the insurance company's appeal holding it liable to pay compensation due to failure to properly notify policy cancellation and allowed enhancement of compensation including future prospects and consortium.

civil appeal_dismissed Significant insurance premium cheque dishonour policy cancellation intimation to insured and RTO pay and recover

Sharayu Sadanand Subhedar v. Yashodhan Prakash Agalgaonkar

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court upheld the trial court’s correction of a mutual consent divorce decree under Section 152 CPC to include the memorandum of settlement, ruling that omission of the settlement was an accidental slip correctible by the court.

civil petition_dismissed Significant Section 152 CPC correction of decree mutual consent divorce memorandum of settlement

Santaji Waman Gopale v. The State of Maharashtra

21 Feb 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court upheld the conviction under Section 302 IPC based on consistent dying declarations and corroborative evidence, dismissing the appellant's claim of accidental fire.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder kerosene fire

Datta @ Dattatraya Dnyanu Methe & Ors. v. Sonabai Ganpati Methe & Ors.

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court held that a Plaintiff is not entitled to file a rejoinder after the Defendant's written statement without leave of the court and that mere denial by the Defendant does not warrant such replication, setting aside the trial court's order permitting filing of rejoinder.

civil petition_allowed Significant rejoinder replication Code of Civil Procedure Order 8 Rule 9

Manya Vejju v. Sapna Bhog

21 Feb 2023 · N.J. Jamadar

The Bombay High Court held that lodging an FIR does not constitute commencement and prosecution of an action under the proviso to Section 60 of the Copyright Act, 1957, and remitted the matter for fresh consideration of the injunction application after considering the subsequent infringement suit.

intellectual_property appeal_allowed Significant Section 60 Copyright Act groundless threat copyright infringement FIR