High Court of Bombay

4,240 judgments

Year:

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

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