High Court of Bombay

4,240 judgments

Year:

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

The Willingdon Sports Club v. Nagnesh alias B.S. Akhade & Ors.

17 Mar 2023 · Sandeep V. Marne

The High Court upheld the Executing Court’s order holding that the decree for possession of one hut was fully satisfied and rejected the Plaintiff’s attempt to recover additional land not included in the suit premises.

civil appeal_dismissed Significant execution of decree description of suit property Order VII Rule 3 CPC Order XXI CPC

Murlidhar Waman Bombale; Waman Tulshiram Bombale; Vishnu Waman Bombale v. The State of Maharashtra

15 Mar 2023 · Sunil B. Shukre; Abhay S. Waghwase

The High Court upheld the murder conviction of accused No. 1 for a fatal single blow but acquitted accused Nos. 2 and 3 of murder due to lack of common intention, maintaining their convictions for lesser offences.

criminal appeal_partly_allowed Significant Section 302 IPC common intention single blow murder Section 34 IPC

Gujrat Apollo Industries Ltd. v. The State of Maharashtra & Ors.

15 Mar 2023 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.

The Bombay High Court dismissed the petition challenging fresh tendering by the Municipal Corporation, holding that no enforceable right accrued to the petitioner consortium and that the tendering authority's decision was not arbitrary or irrational.

administrative petition_dismissed Significant tender process consortium bid contract award judicial review

NSEL Investors Action Group v. Chandravali Manek

15 Mar 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court upheld the trial court’s order permitting equitable, graded distribution of recovered monies to individual investors with outstanding amounts between Rs.10 lakhs and Rs.20 lakhs under the MPID Act, dismissing the appellant’s challenge to the classification and jurisdiction.

criminal appeal_dismissed Significant MPID Act equitable distribution graded distribution depositors’ protection

Shiva Shankar Mamidi v. Union of India & Ors.

15 Mar 2023 · DHIRAJ SINGH THAKUR; SANDEEP V. MARNE

The Bombay High Court held that departmental enquiry and criminal trial can proceed simultaneously unless identical charges and evidence exist and the criminal charge is grave, and dismissed the petition seeking stay of departmental enquiry during pendency of criminal trial.

administrative petition_dismissed Significant departmental enquiry criminal trial stay of proceedings simultaneous proceedings

M/s. Gangotri Developers v. Shri Ajit Anantrao Butte Patil & Ors.

14 Mar 2023 · K. R. Shriram; Rajesh S. Patil

The Bombay High Court held that a plaint cannot be summarily rejected under Order VII Rule 11(d) CPC on disputed factual grounds regarding partnership registration, restoring the suit for trial and emphasizing that such issues require evidence and cannot be decided at the pleading stage.

civil appeal_allowed Significant Order VII Rule 11(d) CPC rejection of plaint barred by law Indian Partnership Act Section 69

Gouri Abhay Bhide v. Union of India & Ors.

14 Mar 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 1 · Cited by 0

The Bombay High Court dismissed a PIL seeking direction to CBI/ED to investigate allegations against political figures, holding that vague and speculative allegations without prima facie evidence do not warrant judicially ordered investigation under Article 226.

constitutional petition_dismissed Significant writ jurisdiction Article 226 CBI investigation prima facie case