High Court of Bombay

5,061 judgments

Year:

Sunita Vilas Gavali & Ors. v. Balwant Shankar Gadave & Ors.

14 Feb 2023 · Milind N. Jadhav

The Bombay Tenancy and Agricultural Lands Act requires recovery efforts for unpaid purchase price before declaring a tenant-purchaser's acquisition ineffective, and failure to initiate such recovery invalidates eviction proceedings.

property appeal_allowed Significant Bombay Tenancy and Agricultural Lands Act, 1958 Section 32-G Section 32-K Section 32-M

Gopal Ganpat Patil v. State of Maharashtra and Ors.

14 Feb 2023 · Milind N. Jadhav

The Bombay High Court dismissed the writ petition, upholding concurrent findings that the petitioner failed to prove lawful possession and tenancy rights on tillers day under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 70B tenancy rights tillers day

State of Maharashtra v. Mayavati Ramchandra Sawant & Ors.

14 Feb 2023 · Rajesh Patil; A. S. Chandurkar
Cites 5 · Cited by 0

The Bombay High Court upheld the Tribunal's order directing regularisation of Badli workers based on a final Industrial Court adjudication of unfair labour practice, clarifying that the Umadevi judgment does not bar such relief.

labor petition_dismissed Significant Badli workers regularisation unfair labour practice Industrial Court

Neena B. Rangnekar v. Sharadashram Vidyamandir Trust

13 Feb 2023 · G.S. Kulkarni

The Bombay High Court held that retrenchment claims under Items 9 and 10 of Schedule IV of the MRTU & PULP Act fall within the Industrial Court's jurisdiction, not the Labour Court's exclusive domain over termination claims under Item 1, and remanded the matter for merits adjudication.

labor appeal_allowed Significant Industrial Court jurisdiction Labour Court jurisdiction Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 retrenchment

M/s. Lifeline Medical & General Stores Chemist and Drugs v. Assistant Municipal Commissioner Food & Drugs Administration & Licensing Authority, Maharashtra State

13 Feb 2023 · Milind N. Jadhav

The Bombay High Court quashed the cancellation and suspension orders of a drug license for procedural lapses and accepted the petitioner's undertaking, allowing resumption of business.

administrative petition_allowed Significant Drugs and Cosmetics Act, 1940 license cancellation license suspension natural justice

Latif Yusuf Manikkoth v. Bank of Baroda

13 Feb 2023 · G.S. Kulkarni; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court dismissed the writ petition by a guarantor challenging SARFAESI recovery proceedings, holding that statutory remedies under SARFAESI and DRT Acts preclude writ jurisdiction and that the MSMED Act does not override SARFAESI protections.

civil petition_dismissed Significant MSMED Act SARFAESI Act Insolvency and Bankruptcy Code Article 226

Vidyadhar Gajanan Mote & Ors. v. State of Maharashtra & Ors.

12 Feb 2023 · M.S. Sonak; Jitendra Jain

The Bombay High Court held that under Section 19-B of the Maharashtra Highways Act, 1955, the Land Acquisition Officer can determine compensation without mandatory prior negotiation attempts by the State Government, and challenges to such awards must be pursued via statutory arbitration, not writ petitions.

property petition_dismissed Significant Maharashtra Highways Act, 1955 Section 19-B Land Acquisition Officer Compensation determination

Devkant Synthetics India Pvt. Ltd. v. Union of India

10 Feb 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reassessment under section 147 of the Income Tax Act is invalid if the assessee has fully and truly disclosed all material facts during original assessment, quashing the reopening and reassessment orders.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reassessment

Agarwal Industrial Corporations Limited v. Union of India

10 Feb 2023 · DHIRAJ SINGH THAKUR; ABHAY AHUJA
Cites 0 · Cited by 1

The Bombay High Court held that disputed tax under the Vivad se Vishwas Act must be computed by giving effect to the appellate tribunal's order passed before the specified date, setting aside a revenue demand ignoring that order.

tax petition_allowed Significant Direct Tax Vivad se Vishwas Act, 2020 Section 2(1)(j)(B) Income Tax Appellate Tribunal bogus purchases

The Suminter Organic and Fair Trade Cotton Ginning Mill Pvt. Ltd. v. Deputy Commissioner of Income Tax

10 Feb 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment cannot be based on mere change of opinion and upheld the valuation method adopted by the assessee, setting aside the reopening notice and order.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Section 147 Reopening of assessment

Apar Industries Ltd v. Union of India

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

The Bombay High Court quashed the nine-month delisting of Apar Industries by Indian Railways for unauthorized job work, holding the order arbitrary, disproportionate, and lacking cogent reasons, and directed reinstatement in ongoing tenders.

administrative petition_allowed Significant delisting job work administrative law Wednesbury unreasonableness

Jagesh Bhadra Kumar Savjani v. Union of India

10 Feb 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court quashed show cause notices and order under Section 179 of the Income Tax Act for failure to disclose mandatory jurisdictional facts regarding recovery efforts from the company before proceeding against its Director.

tax petition_allowed Significant Section 179 Income Tax Act Director liability Recovery of tax dues Show cause notice

Lakhpatrai Agarwal v. Assistant Commissioner of Income Tax

10 Feb 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that the limitation period for fresh assessment under Section 153(3) starts upon receipt of the ITAT order by the Commissioner, and directed refund of tax and return of seized jewellery due to respondents' failure to comply within the prescribed time.

tax petition_allowed Significant Section 153(3) Income Tax Act limitation period ITAT order compliance refund of tax

Rakesh @ Bhaiya Shambhuprasad Gupta v. The State of Maharashtra

10 Feb 2023 · Nitin W. Sambre; R. N. Laddha

The Bombay High Court upheld the appellant's conviction for murder based on credible eyewitness testimony and medical evidence despite minor discrepancies and investigation lapses.

criminal appeal_dismissed Significant murder eyewitness testimony stab injury Section 302 IPC

Nashik Zilla Sarkari & Parishad Karmachari Sahakari Bank Niyamit Ltd. v. The State of Maharashtra

10 Feb 2023 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court upheld the jurisdiction of the State Co-operative Election Authority to exclude retired employees from voters lists of salary earners’ co-operative credit societies, affirming that retired employees can only be nominal members without voting rights under the Maharashtra Co-operative Societies Act, 1960.

administrative petition_dismissed Significant State Co-operative Election Authority salary earners co-operative credit society retired employees nominal members

BST Textile Mills Pvt. Ltd v. The Cotton Corporation of India Ltd

09 Feb 2023 · Manish Pitale
Cites 0 · Cited by 1

The Bombay High Court upheld an arbitral award consolidating disputes from nine contracts without petitioner’s consent, holding no jurisdictional error or prejudice under the amended Section 34 of the Arbitration and Conciliation Act.

civil appeal_dismissed Significant arbitration consolidation of disputes Section 34 Arbitration and Conciliation Act jurisdiction

Godrej & Boyce Manufacturing Co. Ltd. v. The State of Maharashtra

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

The Bombay High Court held that multiple extensions under Section 25 of the Fair Compensation Act are impermissible, the award passed by a different officer violated natural justice, and the Maharashtra Amendment exempting the Bullet Train Project was ultra vires, thereby setting aside the acquisition proceedings and award.

administrative appeal_allowed Significant land acquisition Right to Fair Compensation and Transparency in Land Acquisition Act Section 25 extension natural justice

Dwarkabai Dattu Patil & Ors v. Anant Narsinh @ Balambhatt Joshi

09 Feb 2023 · Milind N. Jadhav

The court upheld that tenants of a widow's agricultural land must give statutory intimation within two years to exercise purchase rights under the Bombay Tenancy Act, and failure to do so renders their purchase ineffective.

property petition_dismissed Significant Bombay Tenancy Act Section 32-F Section 32-G Section 43-A

L & T Finance Limited v. The State of Maharashtra

09 Feb 2023 · Nitin Jamdar; Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court directed strict timelines and monitoring for expeditious disposal and implementation of Section 14 SARFAESI Act applications, emphasizing the ministerial duty of magistrates to assist secured creditors without delay.

civil appeal_allowed Significant SARFAESI Act Section 14 secured creditor Chief Metropolitan Magistrate

M/s H. P. Ghumare v. The State of Maharashtra & Ors.

08 Feb 2023 · S. V. Gangapurwala; Sandeep V. Marne

The judgment text provided contains only the procedural details and does not include any substantive reasoning or decision.

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