High Court of Bombay

5,131 judgments

Year:

Ravindra Arvind Bande v. Vijaya Manohar Bande

24 Mar 2023 · N. J. Jamadar

The High Court quashed the cancellation of the petitioner’s market stall licence for failure to provide a hearing, upheld the finality of appellate orders under the Act, and remitted the matter for fresh decision with due process.

administrative appeal_allowed Significant Maharashtra Agricultural Produce Marketing Act, 1963 licence cancellation opportunity of hearing natural justice

Mansi Bhavin Dharani v. Bhavin Jagdish Dharani

24 Mar 2023 · R.D. Dhanuka; Gauri Godse

The Bombay High Court set aside a Family Court decree of divorce granted on admission due to lack of unequivocal admission and directed the petition to be heard on merits.

family appeal_allowed Significant divorce on admission Order 12 Rule 6 CPC Section 13(1)(ia) Hindu Marriage Act Section 151 CPC

Uday Padmakar Sirsat v. Rupali Uday Sirsat

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

The Bombay High Court upheld a divorce decree on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, confirming the return of the wife’s streedhan and rejecting the husband’s appeal.

family appeal_dismissed Significant mental cruelty divorce Hindu Marriage Act 1955 streedhan

Sandeep v. Balmohan Vidyamandir Trust

24 Mar 2023 · Sandeep V. Marne

The Bombay High Court held that a teacher holding a two-year D.Ed. qualification is entitled to seniority in Category 'C' from the date of acquiring a B.A. degree, setting aside the School Tribunal’s order and directing consequential benefits.

labor appeal_allowed Significant seniority fixation Category C teachers D.Ed. qualification Maharashtra Employees of Private Schools Act

Lintas India Pvt Ltd v. Bharatiya Kamgar Sena Praphulban

23 Mar 2023 · N. J. Jamadar

The Bombay High Court held that under Section 50 of the Maharashtra Recognition of Trade Unions Act, the Industrial Court can compute and order recovery of wages due under a prior order but cannot determine entitlement, and modified the interest rate awarded on delayed payments.

labor appeal_allowed Significant Section 50 Maharashtra Recognition of Trade Unions Act Recovery of money due Unfair Labour Practices Industrial Court jurisdiction

John Peter Fernandes v. Saraswati Ramchandra Ghanate and others

23 Mar 2023 · Manish Pitale

The Bombay High Court upheld the rejection of specific performance but partially set aside the arbitral award directing refund, holding that arbitrators must adhere strictly to contractual terms and that judicial interference is limited to patent illegality and jurisdictional errors.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 petition Specific performance Patent illegality

Kalpesh Ghevarchand Jain v. Union of India

23 Mar 2023 · Sunil B. Shukre; Kamal Khata

The Bombay High Court held that customs authorities cannot seal immovable premises under the Customs Act and allowed the petitioner to have his statement recorded in the presence of his advocate at visible but not audible distance.

criminal appeal_allowed Significant Customs Act 1962 Section 108 Sealing of premises Movable property

Sudhakar Hanumant Pawar v. The Hon’ble Divisional Joint Registrar Co-operative Societies

23 Mar 2023 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court held that limitation under Section 92 of the Maharashtra Co-operative Societies Act does not apply to recovery proceedings under Section 154B-29 before the Registrar, dismissing the writ petition challenging the remand order.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act Section 92 Section 154B-29 limitation

Shital Digamber Sawant v. The State of Maharashtra

23 Mar 2023 · M.S. Karnik; S. M. Modak

The Bombay High Court held that possession of a valid EWS certificate is required at the time of interview, not at the date of advertisement or application, and directed the MPSC to allow the petitioner to participate in the selection process.

administrative petition_allowed Significant Economically Weaker Section EWS certificate Maharashtra Public Service Commission reservation eligibility

National Textile Corporation Ltd v. Elixir Engineering Pvt. Ltd.

21 Mar 2023 · Manish Pitale
Cites 1 · Cited by 0

The Bombay High Court set aside MSMED Act arbitration awards for lack of jurisdiction, holding that works contracts and contracts executed before MSMED registration do not attract the Act's provisions.

commercial_arbitration appeal_allowed Significant MSMED Act jurisdiction works contract arbitral award setting aside Section 34 Arbitration Act

Honey Bee Multitrading Pvt. Ltd. v. Ruchi Soya Industries Ltd.

21 Mar 2023 · BHARATI DANGRE
Cites 1 · Cited by 0

The Bombay High Court held that designation of Mumbai as the venue in the arbitration clause constitutes the seat of arbitration, conferring exclusive jurisdiction on this Court to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

civil appeal_allowed Significant seat of arbitration venue of arbitration jurisdiction Section 11(6) Arbitration Act

The Municipal Corporation of the City of Thane v. The Raymond Woollen Mills Pvt. Ltd

21 Mar 2023 · Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court dismissed writ petitions by the Municipal Corporation seeking condonation of over six years' delay in filing appeals, holding that no sufficient cause was shown and government bodies are not entitled to special treatment in limitation matters.

civil petition_dismissed Significant condonation of delay sufficient cause Limitation Act Section 5 government litigant

Bronson Barthol Dias v. Central Adoption Resource Authority

21 Mar 2023 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that adoption authorities must consider special circumstances and exercise relaxation powers before rejecting adoption applications of parents with disabled children under the Adoption Regulations 2022.

family petition_allowed Significant Adoption Regulations 2022 power of relaxation special needs children mechanical application of law

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