High Court of Bombay

5,131 judgments

Year:

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

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02 Feb 2023 · Manjusha Deshpande; Nitin Jamdar

The Bombay High Court upheld the Tribunal's order invalidating retrospective application of Government Resolutions allowing SEBC candidates to avail EWS reservation after the SEBC Act was struck down, affirming adherence to original recruitment rules and constitutional provisions.

administrative appeal_dismissed Significant SEBC Act EWS reservation Maharashtra Public Service Commission Government Resolution

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

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