High Court of Bombay

5,131 judgments

Year:

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

Naresh Goyal v. The Directorate of Enforcement

23 Feb 2023 · Revati Mohite Dere; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court quashed the Enforcement Directorate's ECIR against petitioners due to the absence of a pending scheduled offence, affirming that money laundering proceedings cannot continue without a predicate offence.

criminal petition_allowed Significant Enforcement Directorate ECIR Prevention of Money Laundering Act scheduled offence

Reliance General Insurance Company Limited v. Rekha Ramdas Gorad

23 Feb 2023 · S. G. DIGE
Cites 0 · Cited by 1

The Bombay High Court dismissed the insurance company's appeal holding it liable to pay compensation due to failure to properly notify policy cancellation and allowed enhancement of compensation including future prospects and consortium.

civil appeal_dismissed Significant insurance premium cheque dishonour policy cancellation intimation to insured and RTO pay and recover

Sharayu Sadanand Subhedar v. Yashodhan Prakash Agalgaonkar

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court upheld the trial court’s correction of a mutual consent divorce decree under Section 152 CPC to include the memorandum of settlement, ruling that omission of the settlement was an accidental slip correctible by the court.

civil petition_dismissed Significant Section 152 CPC correction of decree mutual consent divorce memorandum of settlement

Santaji Waman Gopale v. The State of Maharashtra

21 Feb 2023 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court upheld the conviction under Section 302 IPC based on consistent dying declarations and corroborative evidence, dismissing the appellant's claim of accidental fire.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder kerosene fire

Datta @ Dattatraya Dnyanu Methe & Ors. v. Sonabai Ganpati Methe & Ors.

21 Feb 2023 · Sandeep V. Marne

The Bombay High Court held that a Plaintiff is not entitled to file a rejoinder after the Defendant's written statement without leave of the court and that mere denial by the Defendant does not warrant such replication, setting aside the trial court's order permitting filing of rejoinder.

civil petition_allowed Significant rejoinder replication Code of Civil Procedure Order 8 Rule 9

Manya Vejju v. Sapna Bhog

21 Feb 2023 · N.J. Jamadar

The Bombay High Court held that lodging an FIR does not constitute commencement and prosecution of an action under the proviso to Section 60 of the Copyright Act, 1957, and remitted the matter for fresh consideration of the injunction application after considering the subsequent infringement suit.

intellectual_property appeal_allowed Significant Section 60 Copyright Act groundless threat copyright infringement FIR

Pushpa Nahata v. Income Tax Officer & Ors.

20 Feb 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that reopening of income tax assessment beyond four years without fresh tangible material or failure to disclose material facts is invalid, quashing the reassessment order as a mere impermissible change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reopening of assessment Change of opinion

Geeta P. Kamat v. Principal Commissioner of Income-tax-10

20 Feb 2023 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court held that a director cannot be held liable under section 179 of the Income Tax Act for company tax dues without proof of gross neglect, misfeasance, or breach of duty causing non-recovery.

tax appeal_allowed Significant Section 179 Income Tax Act director liability gross neglect misfeasance

Mumbai Postal Employees Co-operative Credit Society Ltd. v. Income Tax Officer

20 Feb 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening of income tax assessment beyond four years without tangible material showing failure to disclose material facts is impermissible and set aside the reassessment order against a co-operative credit society claiming deduction under Section 80P.

tax petition_allowed Significant reopening of assessment Section 148 Income Tax Act change of opinion deduction under Section 80P

Gousiya Firoz Khan v. The Commissioner of Police

20 Feb 2023 · A.S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order against a person already in judicial custody for lack of cogent material and subjective satisfaction regarding the likelihood of bail and necessity of detention.

criminal petition_allowed Significant preventive detention judicial custody bail application subjective satisfaction

Kumar Ramu Rathod v. The State of Maharashtra

20 Feb 2023 · Sarang V. Kotwal

The High Court held that the appellant's offence amounted to theft under Section 379 IPC and not robbery under Section 392 IPC, modifying the conviction and sentence accordingly while upholding other convictions.

criminal appeal_allowed Significant robbery theft Section 392 IPC Section 379 IPC

M/s. Radha Vishweshwar Co-operative Housing Society Limited v. M/s. New Bansi Park Co-operative Housing Society Ltd.

20 Feb 2023 · Sandeep V. Marne

The Court held that in a common layout with buildings constructed under different FSI regimes, land division must consider base FSI entitlement, upholding Defendant No.1-Society's decree and conveyance and permitting redevelopment without injunctions restraining land use up to 2276 sq.mtrs.

property appeal_dismissed Significant Maharashtra Ownership of Flats Act conveyance of land FSI imbalance TDR loading

Qatar National Bank Alahli v. Man Industries (India) Limited

19 Feb 2023 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that an irrevocable and unconditional Counter Bank Guarantee governed by Egyptian law is an independent contract that must be honored without injunction unless exceptional grounds exist, and Indian courts lack jurisdiction to entertain disputes concerning it.

commercial appeal_allowed Significant Counter Bank Guarantee Bank Guarantee Independent Contract Irrevocable and Unconditional