High Court of Bombay

4,240 judgments

Year:

Mudhit Madanlal Gupta v. Emgee Enclave LLP

03 Mar 2023 · SOMASEKHAR SUNDARESAN

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.

commercial_arbitration appeal_allowed Significant Section 11 Arbitration and Conciliation Act constructive res judicata Fifth Schedule Seventh Schedule

Rekha Uttamrao Tapse v. Pune Municipal Corporation

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

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.

administrative petition_dismissed Significant eligibility criteria similar course equivalence of qualification Assistant Encroachment Inspector

Meghna Sanjeev Ranade v. Sanjeev Vyankatesh Ranade & Ors.

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

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.

family appeal_dismissed Significant maintenance Family Court Act execution proceedings sale proceeds

Parvati Dattatray Kumbhar v. Committee for Scrutiny of Caste Claims

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

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.

constitutional petition_dismissed Significant caste claim caste validity certificate Other Backward Class Vigilance Cell report

Rita Kirit Joshi v. New India Assurance Company & Ors.

01 Mar 2023 · G.S. Patel; Neela Gokhale
Cites 1 · Cited by 0

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.

civil appeal_allowed Significant Mediclaim policy Clause 3.11 newborn baby coverage premature birth

Hanuman Motors Pvt. Ltd. v. M/s. Tata Motors Finance Ltd

01 Mar 2023 · Manish Pitale

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.

civil appeal_allowed Significant unilateral appointment Section 12(5) Seventh Schedule Arbitration and Conciliation Act, 1996

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 1

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 1

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

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