High Court of Bombay

5,131 judgments

Year:

Digi1 Electronics Pvt. Ltd. v. Assistant Commissioner of Income Tax & Ors.

08 Mar 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court quashed the reopening of income tax assessment due to lack of new tangible material and procedural irregularities, emphasizing the necessity of a rational nexus between information and escaped income.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Reason to believe

Framji Dinshaw Petit Parsee Sanatorium v. Income Tax Officer and Ors.

08 Mar 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of assessment under section 148 without fresh tangible material is impermissible and upheld the petitioner charitable trust's right to carry forward and set off deficit, quashing the reassessment notice and order.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Reassessment Charitable Trust

Angsley Investments Limited v. Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi

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

The Bombay High Court held that admiralty jurisdiction requires vessels to be parties and within territorial jurisdiction for arrest, disallowed injunctions against non-parties, and set aside decree against appellant for lack of jurisdiction.

civil appeal_allowed Significant Admiralty jurisdiction action in rem action in personam arrest of vessel

Ravindra Shivram Salvi v. The State of Maharashtra

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

The Bombay High Court upheld the cancellation of the petitioner's arms licence under Section 17(3)(b) of the Arms Act, 1959, holding that the licensing authority's subjective satisfaction based on criminal cases registered against the petitioner justified the revocation to maintain public peace.

criminal petition_dismissed Significant Arms Act, 1959 arms licence cancellation Section 17(3)(b) public peace

Lyka Labs Limited & Anr. v. The State of Maharashtra & Anr.

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

The Bombay High Court held that an authorized signatory of a company is not the 'drawer' under the Negotiable Instruments Act and cannot be directed to pay interim compensation under section 143A, which applies solely to the drawer (the company).

criminal other Significant Negotiable Instruments Act, 1881 Section 138 Section 143A Section 148

Anil Purshottam Sharma v. Monica Jignesh Parekh

08 Mar 2023 · Shivkumar Dige

The High Court held the truck driver solely negligent for a night-time expressway accident due to improper parking without hazard signals, reduced excessive compensation awarded by the Tribunal, and enhanced the claimants' compensation accordingly.

civil appeal_partly_allowed Significant motor accident claim negligence contributory negligence parking regulations

Man Global Ltd v. Ram Prakash Joukani; Man Global Ltd v. Bharat Prakash Joukani

06 Mar 2023 · G. S. Patel; Neela Gokhale

The Bombay High Court held that appeals under Section 58 of RERA lie against any decision or order of the Appellate Tribunal, not only final orders, overruling prior contrary precedent.

civil other Significant Section 58 RERA Appeal against interlocutory order Pre-deposit order Section 100 CPC

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 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