High Court of Bombay

5,061 judgments

Year:

Ghanshyam Hari Pagare v. The State of Maharashtra

30 Jan 2023 · Sarang V. Kotwal

The Bombay High Court acquitted a Talathi accused of corruption due to failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt amid contradictions and procedural lapses.

criminal appeal_allowed Significant Prevention of Corruption Act bribery demand and acceptance trap and panchanama

PSP Projects Limited v. Bhiwandi Nizampur City Municipal Corporation

27 Jan 2023 · Manish Pitale

The Bombay High Court held that an arbitration clause restricting a party's choice of arbitrator to a limited panel provided unilaterally violates Section 12(5) of the Arbitration Act, and the respondent forfeited its right to appoint an arbitrator by failing to do so timely, directing constitution of a three-member arbitral tribunal.

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

Nitin Baban Pawar v. The Commissioner of Police

27 Jan 2023 · A.S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order against a petitioner already in custody, holding that detention requires cogent material showing a real possibility of bail and likelihood of prejudicial activity upon release.

criminal petition_allowed Significant preventive detention detention order judicial custody bail application

Shriram Transport Finance Co. Ltd. & Ors. v. The State of Maharashtra & Ors.

27 Jan 2023 · Rajesh S. Patil

The Bombay High Court held that the time limit for filing written statements under Order 8 Rule 1 CPC is directory, allowing courts discretion to condone delay in exceptional cases to prevent miscarriage of justice.

civil appeal_allowed Significant delay condonation written statement Order 8 Rule 1 CPC Order 8 Rule 10 CPC

A.H Wadia Trust v. State of Maharashtra

25 Jan 2023 · R.D. Dhanuka; M.M. Sathaye

The Bombay High Court dismissed the petition challenging acquisition of slum property under the Slums Act, holding that natural justice principles require assessing bona fide interest and capability to develop, and upheld acquisition to facilitate slum rehabilitation.

administrative appeal_dismissed Significant Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 Acquisition of property Natural justice Slum rehabilitation

Zenobia Poonawala v. Rustom Ginwalla and others

25 Jan 2023 · Manish Pitale

The Bombay High Court upheld arbitral awards relying on an auditor's report without examining the auditor as a witness, emphasizing limited judicial interference under Section 34 of the Arbitration Act and procedural safeguards under Section 26.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Expert report Auditor's report

Dr. Ravindra Rajaram Patil v. Yuvraj Appaso Neharkar

24 Jan 2023 · Milind N. Jadhav

The High Court upheld the Trial Court’s rejection of temporary injunction against lawful construction on disputed land, emphasizing the need for prima facie ownership and valid development permissions under statutory procedures.

civil petition_allowed Significant temporary injunction ownership dispute D.P. Road development permission

Rahul Giridhar Pathade v. The Collector of Nasik & Ors.

24 Jan 2023 · Milind N. Jadhav

The Bombay High Court dismissed a writ petition challenging the grant and shifting of a CL III liquor license, holding the petitioner lacked locus standi and the licensing authorities had followed due process.

administrative petition_dismissed locus standi Maharashtra Prohibition Act 1949 CL III license Maharashtra Country Liquor Rules 1973

Bagmane Developers Pvt Ltd v. Future Sector Land Developers LLP & Ors.

23 Jan 2023 · Milind N. Jadhav

The Bombay High Court held that a suit concerning immovable property situated in Bengaluru must be filed in the court having jurisdiction over that property under Section 16(d) CPC, and the proviso to Section 16 cannot independently confer jurisdiction on the Pune court.

civil appeal_allowed Significant Section 16 CPC territorial jurisdiction immovable property proviso to Section 16

Uttam Anna Lande v. State of Maharashtra

23 Jan 2023 · Nitin W. Sambre; R. N. Laddha
Cites 2 · Cited by 0

The Bombay High Court upheld the conviction for murder based on a truthful dying declaration recorded by a Police Officer, rejecting the appellant's claim of accidental burns and lack of intent.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder admissibility of dying declaration

Pradeep Rameshwar Sharma v. National Investigating Agency & Ors.

23 Jan 2023 · Revati Mohite Dere; R. N. Laddha

The Bombay High Court dismissed the appellant's bail plea in a conspiracy and murder case under the NIA Act, holding that the prosecution had made out a prima facie case warranting denial of bail.

criminal appeal_dismissed Significant bail conspiracy murder circumstantial evidence

M/s. Bhimale and Sons v. Moti Dinshaw Irani & Ors.

23 Jan 2023 · Sandeep V. Marne

The High Court upheld eviction of defendants as unlawful subtenants on grounds of unlawful subletting and rent default, rejecting their claim of direct tenancy and dismissing plaintiffs' writ petition challenging cross-objections.

civil appeal_dismissed Significant landlord-tenant relationship unlawful subletting Maharashtra Rent Control Act Order 41 Rule 27 CPC

M/s. Bhimale and Sons v. Moti Dinshaw Irani

23 Jan 2023 · Sandeep V. Marne

The Court upheld eviction of Defendant Nos. 2 and 3 as unlawful subtenants, rejecting their claim of direct tenancy with Plaintiffs, and affirmed that landlord-tenant relationship, not ownership, governs eviction under the Maharashtra Rent Control Act.

civil appeal_dismissed Significant landlord-tenant relationship unlawful subletting Maharashtra Rent Control Act Order 41 Rule 27 CPC

Corona Remedies Private Limited v. Franco-Indian Pharmaceuticals Private Limited

20 Jan 2023 · K. R. Shriram; Rajesh S Patil

The Bombay High Court allowed Corona's appeal, holding that concurrent registration under Section 28(3) of the Trade Marks Act bars infringement claims between similar registered pharmaceutical trademarks and that no passing off or confusion arose from the use of the mark "STIMULET".

civil appeal_allowed Significant Trade Marks Act 1999 Section 28(3) Trademark infringement Passing off

M/s. Instakart Services Private Limited v. State of Maharashtra & Ors.

20 Jan 2023 · Sunil B. Shukre; M. W. Chandwani

The Bombay High Court held that a logistics service provider delivering goods sold on an e-commerce platform is neither a dealer nor importer under Maharashtra LBT laws and is not liable to register or pay Local Body Tax.

tax petition_allowed Significant Local Body Tax Maharashtra Municipal Corporations Act dealer importer

Vijay Jagannath Salvi v. Kalyan Dombivali Municipal Corporation

20 Jan 2023 · Sunil B. Shukre; M. W. Chandwani

The Bombay High Court held that revocation of permission to hold a Body Building Competition on grounds of the Model Code of Conduct was arbitrary and unsustainable, emphasizing the need for valid grounds and hearing before administrative cancellation.

administrative petition_allowed Significant Model Code of Conduct Election Commission Body Building Competition Permission revocation

Roppen Transportation Services Pvt Ltd v. State of Maharashtra

20 Jan 2023 · G.S. Patel; S.G. Dige

The Bombay High Court upheld the rejection of a two- and three-wheeler aggregator license application due to non-compliance and absence of State policy, holding that no aggregator can operate without a valid license under the Motor Vehicles Act, 1988.

administrative petition_dismissed Significant Motor Vehicles Act 1988 Section 93 license Motor Vehicle Aggregator Guidelines 2020 aggregator license

Ram @ Pappu Arun Kore v. The State of Maharashtra

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

The Bombay High Court upheld a preventive detention order under the M.P.D.A. Act, ruling that the petitioner’s violent acts disturbed public order and that procedural requirements were complied with.

criminal petition_dismissed Significant preventive detention public order law and order subjective satisfaction

Sara Chemicals and Consultants v. Deepak Nitrite Limited

19 Jan 2023 · Bharati Dangre
Cites 1 · Cited by 0

The Bombay High Court held that an arbitral order passed under Section 19 relating to procedural disclosure is not appealable under Section 37, dismissing the petition challenging disclosure of equipment component details claimed confidential by the petitioner.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 17 interim measures Section 19 procedural powers Section 37 appeal

Udayraj Babaso Patil v. Pramod Babaso Patil

19 Jan 2023 · MILIND N. JADHAV

The High Court allowed the writ petition restoring the Trial Court's order permitting the petitioner to complete construction on his notionally partitioned share of the suit property, holding that exclusive possession and use can be recognized despite absence of physical partition under statutory bar.

civil appeal_allowed Significant partition notional partition exclusive possession temporary injunction