High Court of Bombay

5,061 judgments

Year:

Prabhavati Prabhakar Shinde v. Prakash Ramchandra Jadhav

08 Feb 2023 · G.S. Kulkarni
Cites 1 · Cited by 0

The High Court held that objections to pecuniary jurisdiction must be raised at the earliest stage and that failure to frame valuation issues does not vitiate a decree absent failure of justice, allowing the appeal and directing fresh adjudication on merits.

civil appeal_allowed Significant pecuniary jurisdiction valuation of suit Section 21 CPC Section 11 Suit Valuation Act

Sahyadri Sahakari Sakhar Karkhana Ltd. v. Union of India

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

The Bombay High Court upheld the validity of an Industrial Entrepreneur Memorandum issued in 2003 and its lawful transfer, rejecting the petitioner's challenge based on non-commencement of production and minimum distance norms under the Sugarcane Control Order.

administrative petition_dismissed Significant Industrial Entrepreneur Memorandum Sugarcane Control Order 1966 Clause 6C Commercial production

Dinesh Madhukar Parshetye v. Abhay Shridhar Shetye

07 Feb 2023 · Arif S. Doctor

The Bombay High Court revoked probate granted on a Will obtained by fraudulent misrepresentations concealing legal heirs, holding such probate a nullity under Section 263(b) of the Indian Succession Act, 1925.

civil appeal_allowed Significant probate revocation Indian Succession Act, 1925 fraud on court

Municipal Corporation of Greater Mumbai v. Anita Digambar Jadhav

07 Feb 2023 · G.S. Kulkarni

The High Court upheld the entitlement of a niece as the nominated legal heir to receive Provident Fund and gratuity dues of a deceased employee under the Payment of Gratuity Act and Industrial Disputes Act, dismissing the Municipal Corporation's challenge.

labor appeal_dismissed Significant Provident Fund Payment of Gratuity Act, 1972 Nomination Legal heir

Kum. Yasmin Salim Shaikh v. State of Maharashtra and Ors.

07 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court upheld the rejection of a Muslim petitioner’s caste certificate claim by the Caste Scrutiny Committee, holding that the Vigilance Cell report was inconclusive and the Committee’s reasoned order was lawful.

administrative petition_dismissed Significant Caste certificate Other Backward Classes Muslim caste claim Vigilance Cell report

Dilip Pandurang Thopate v. Ashokrao V. Thopate & Ors.

07 Feb 2023 · A.S. Gadkari
Cites 1 · Cited by 0

The High Court upheld the disqualification of the petitioner from a cooperative society election under Section 73-CA of the MCS Act, affirming the admissibility of RTI-obtained documents and limiting interference under Article 227 to cases of no evidence or perversity.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act Section 73-CA disqualification Co-operative society election Article 227 supervisory jurisdiction

Mohd. Shoab Shaukatali Mansuri v. The State of Maharashtra

06 Feb 2023 · Sarang V. Kotwal

The Bombay High Court acquitted the appellant due to serious doubts in witness identification and insecure seizure of firearms, emphasizing the benefit of doubt in criminal trials.

criminal appeal_allowed Significant identification of accused test identification parade ballistic evidence chain of custody

Hiralal Surajkaran Surana v. The Chief Officer, Manmad Municipal Council

03 Feb 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court held that new Development Control Rules do not apply to pending layout proposals sanctioned under old rules prior to their commencement, directing final layout sanction accordingly.

administrative petition_allowed Significant Development Control Rules Maharashtra Regional & Town Planning Act saving clause final layout sanction

Himmat Dalichand Mali v. Municipal Corporation of Greater Mumbai

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

The court dismissed the petition seeking antedating of promotion and seniority correction, holding that disciplinary penalties and delay in representation bar such relief.

administrative petition_dismissed Significant promotion antedating promotion disciplinary penalty withholding increments

Shri Vignahar Sahakari Sakhar Karkhana Ltd. v. Bhima Sahakari Sakhar Karkhana Ltd.

02 Feb 2023 · G.S. Kulkarni

The High Court upheld the appellate court's decision that a co-operative society's dispute filed by its Managing Director was maintainable despite initial technical objections on authorization, and dismissed the petition challenging the monetary award.

civil petition_dismissed Significant authorization co-operative society dispute maintainability resolution

National Highways Authority of India v. State of Maharashtra

02 Feb 2023 · S.V. Gangapurwala; Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court allowed NHAI to execute the Vadodara Mumbai Expressway project involving limited mangrove felling within CRZ-IA, affirming permissible development under sustainable development principles and CRZ Notification.

administrative petition_allowed Significant Coastal Regulation Zone CRZ-IA mangrove trees environmental clearance

Vijay Suryakant Kakade v. Anushka Vijay Kakade

02 Feb 2023 · Amit Borkar

The Bombay High Court held that proceedings under the Domestic Violence Act can be transferred to the Family Court where related matrimonial proceedings are pending, without depriving parties of their statutory appeal rights or right to speedy justice.

family appeal_allowed Significant Protection of Women from Domestic Violence Act, 2005 Family Courts Act, 1984 transfer of proceedings right of appeal

M/s Railroad Logistics India Pvt. Ltd. v. The Branch Manager, Shamrao Vithal Co-operative Bank Ltd.

02 Feb 2023 · Advait M. Sethna

The Bombay High Court held that writ jurisdiction under Article 226 is not maintainable for contractual disputes involving disputed facts and monetary claims where an alternative civil remedy exists, dismissing the petition challenging the Banking Ombudsman's order.

civil appeal_dismissed Significant writ petition Article 226 Banking Ombudsman Scheme 2006 contractual dispute

MEP Infrastructure Developers Ltd & Anr v South Delhi Municipal Corporation & Ors

01 Feb 2023 · G.S. Patel; S.G. Dige

The Bombay High Court upheld the statutory recovery proceedings by the South Delhi Municipal Corporation against MEP Infrastructure Developers Ltd, dismissing writ challenges to distress warrants and attachment notices issued within its jurisdiction.

administrative appeal_dismissed Significant Article 226(2) writ jurisdiction distress warrant toll tax

ILA Biomarine Private Limited v. The Union of India and Ors.

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

The Bombay High Court quashed a customs adjudication order passed by an officer who did not conduct the hearing, holding it violated natural justice and directed fresh adjudication.

administrative petition_allowed Significant natural justice quasi-judicial order hearing and decision divided responsibility

Ashalata Prabhakar Joshi @ Dikshit v. Varadoli Agrofarms Pvt. Ltd.

31 Jan 2023 · Milind N. Jadhav

The Bombay High Court upheld the regularization of an agricultural land sale under amended Section 84C of the Maharashtra Tenancy Act, dismissing the petitioners' challenge to the transfer lacking prior permission under Section 63.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 63 Section 84C regularization of sale deed

M/s. Ashok Commercial Enterprises & Ors. v. Rajesh Jugraj Madhani

31 Jan 2023 · Sandeep V. Marne

The Bombay High Court upheld the rejection of summary judgment in a commercial suit based on Bills of Exchange, holding that triable issues including limitation preclude summary disposal under Order XIII-A of the CPC.

civil petition_dismissed Significant summary judgment Order XIII-A CPC Order XXXVII CPC commercial suit

V Hotels Ltd v. Siddhivinayak Realties Pvt Ltd

30 Jan 2023 · G. S. Patel; Gauri Godse
Cites 2 · Cited by 0

The Bombay High Court allowed the appeal restoring the arbitral award that held the respondent repudiated the contract, clarifying that mere delay pending a CBI inquiry does not constitute repudiation and emphasizing limited judicial review under Section 34 of the Arbitration Act.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Repudiation of contract Frustration of contract Section 34 review

Vaishali Ravindra Joshi v. Union of India

30 Jan 2023 · S.V. Gangapurwal; Sandeep V. Marne

The Bombay High Court upheld the Tribunal's dismissal of petitioners' claim for ante-dating their postal assistant appointments, holding that mere existence of vacancies does not confer a right to appointment absent government approval.

administrative appeal_dismissed Significant ante-dating appointment postal assistant recruitment vacancy approval promissory estoppel

The State of Maharashtra v. Sanjay Dinkarrao Mankar

30 Jan 2023 · S.V. Gangapurwala; Sandeep V. Marne

The High Court upheld the administrative tribunal's order restoring an officer's posting, ruling that oral stay of posting orders is ineffective and misconduct allegations do not justify cancellation of valid postings.

administrative appeal_dismissed Significant posting order transfer judicial review administrative tribunal