High Court of Bombay

4,240 judgments

Year:

M/s. Venus Rubber Works v. Municipal Corporation of Greater Mumbai

11 Jan 2023 · Milind N. Jadhav

The Bombay High Court held that a tenant in lawful possession under pending litigation is entitled to trade license renewal without furnishing landlord's NOC or property documents maintained by the Corporation.

administrative appeal_allowed Significant trade license renewal no-objection certificate tenant's possession pending tenancy dispute

Kolhapur Zilla Sahakari Doodh Utpadak Sangh Ltd. Kolhapur v. State of Maharashtra

11 Jan 2023 · Nitin Jamdar; Manjusha Deshpande

The Bombay High Court upheld the validity of a Test Audit ordered by an authorised Officer on Special Duty under the Maharashtra Co-operative Societies Act, dismissing the petition challenging the audit's legality and sufficiency of material.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Test Audit Section 81(3)(c) Officer on Special Duty

Shubham Suresh Bhotmange v. The Secretary Maharashtra Public Service Commission & Ors.

10 Jan 2023 · S.V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 1 · Cited by 0

The Bombay High Court upheld the validity of a corrigendum restoring the original physical test marking scheme in a recruitment process, ruling that such restoration before the test is conducted does not amount to impermissible change of rules mid-process.

administrative petition_dismissed Significant selection process physical test marking scheme changing rules of the game

Anuja Arun Redij v. The State of Maharashtra

09 Jan 2023 · G.S. Patel; Gauri Godse

The Bombay High Court held that the State must pay compensation for death caused by a wild animal attack, rejecting procedural grounds for denial and affirming the constitutional right to life under Article 21.

constitutional petition_allowed Significant compensation wild animal attack Government Resolution Article 21

Asian Paints Ltd. v. Assistant Commissioner of Income-tax

09 Jan 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court quashed the reopening of income tax assessment for AY 2013-14, holding that the Assessing Officer failed to satisfy jurisdictional requirements under section 147 as the petitioner had disclosed all material facts during the original assessment.

tax petition_allowed Significant Income Tax Act 1961 Section 147 Section 148 Reopening of assessment

Asian Paints Ltd. v. Assistant Commissioner of Income-tax

09 Jan 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court quashed the reopening notice under section 148 of the Income Tax Act for AY 2014-15, holding that full and true disclosure of material facts by the assessee precludes reassessment.

tax petition_allowed Significant Income Tax Act 1961 Section 148 Section 147 Reopening of assessment

Saurashtra Infra & Power Pvt. Ltd. v. Deputy Commissioner of Income-tax

09 Jan 2023 · DHIRAJ SINGH THAKUR; KAMAL KHATA

The Bombay High Court held that reopening of assessment under section 147 after four years requires clear proof of failure to disclose material facts, and that a Container Freight Station qualifies for deduction under section 80IA(4), quashing the reassessment notice and order.

tax petition_allowed Significant Income Tax Act, 1961 Section 80IA(4) Section 147 Section 148

Principal Commissioner of Income Tax-6 v. Maharashtra State Warehousing Corporation

09 Jan 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court dismissed the revenue's appeal, upholding the ITAT's decision allowing deduction under section 80IA(4) to a State Government undertaking operating an Inland Container Depot near JNPT despite absence of a Port Authority certificate.

tax appeal_dismissed Significant Section 80IA(4) Income Tax Act deduction eligibility Inland Container Depot Container Freight Station

MA Multi-Infra Development Pvt. Ltd. v. Assistant Commissioner of Income-tax

09 Jan 2023 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court quashed a notice issued under section 148 of the Income Tax Act for lack of proper sanction under section 151(1), holding that the Relaxation Act does not alter the sanctioning authority or limitation period for the assessment year 2015-16.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Section 151 sanction Limitation period

Kalpesh Shantikumar Mehta & Ors. v. NKGSB Co-op. Bank Ltd and Anr.

09 Jan 2023 · Bharati Dangre

The Bombay High Court held that an arbitrator appointed by the statutory Central Registrar under the MSCS Act is not disqualified by multiple appointments under clause 22 of the Arbitration Act's Fifth Schedule, dismissing the petitioners' challenge to terminate the arbitrator's mandate.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Multi State Co-operative Societies Act, 2002 Section 84 arbitration Arbitrator impartiality

Prakash Krishnavtar Bhardwaj v. Income Tax Officer, Ward 2(1)

09 Jan 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 1 · Cited by 0

The Bombay High Court held that an unsigned notice under section 148 of the Income Tax Act is invalid, vitiating reassessment proceedings initiated thereon and quashed the impugned notices and orders.

tax petition_allowed Significant Income Tax Act 1961 Section 148 notice Unsigned notice Jurisdictional defect

Freedom City Ventures v. State of Maharashtra

09 Jan 2023 · Abhay Ahuja

The Bombay High Court held that a bona fide correction to the applicant's name in a timely refund application for stamp duty relates back to the original filing date, entitling the petitioner to a refund for an unexecuted development agreement.

administrative appeal_allowed Significant refund of stamp duty Maharashtra Stamp Act limitation period ministerial correction

Hanif Musa Kazi v. State of Maharashtra & Ors.

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

The Bombay High Court upheld the Collector's order disqualifying a municipal councillor for six years following invalidation of his caste certificate, affirming the statutory authority and procedural validity of such disqualification under the Maharashtra Municipal Councils Act, 1965.

administrative petition_dismissed Significant disqualification caste certificate invalidation Maharashtra Municipal Councils Act 1965 Section 16(1)(1C)

Priti Subhashrao Sawake v. State of Maharashtra

09 Jan 2023 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that wait list candidates have no right to appointment beyond advertised vacancies and upheld cancellation of the wait list, dismissing the petition challenging Rule 53(c) of its service rules.

administrative petition_dismissed Significant wait list select list public employment appointment

VERSUS

09 Jan 2023 · Dhiraj Singh Thakur; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that once advertised vacancies are filled, the wait list expires and candidates on it have no right to appointment against subsequent vacancies.

administrative petition_dismissed Significant wait list appointment vacancies selection process

Deepti Kavit Ved v. District Collector Borivali & Anr.

07 Jan 2023 · Sandeep K. Shinde

The Bombay High Court held that the limitation period for refund of stamp duty is extended due to the Covid-19 pandemic as per Supreme Court directions, quashing the Collector's rejection and directing reconsideration of the refund claim.

administrative appeal_allowed Significant stamp duty refund limitation period Maharashtra Stamp Act 1958 Covid-19 pandemic

Eknath Dada Thorat v. State of Maharashtra

07 Jan 2023 · S. B. Shukre; M. W. Chandwani

The Bombay High Court held that a caste certificate scrutiny committee's decision must be signed by all members as mandated by Supreme Court directions and Government Resolution, quashing a decision signed by only two members and remanding for fresh consideration.

administrative petition_allowed Significant Scrutiny Committee Caste Certificate Mandatory Signature Maharashtra Castes Validity Rules, 2012

Sameer Shashikant Jadhav v. The State of Maharashtra & Anr.

06 Jan 2023 · Sarang V. Kotwal

The Bombay High Court upheld the conviction of the appellant for sexual offences against a minor, holding that the certified birth certificate and DNA evidence conclusively proved the victim's age and appellant's guilt beyond reasonable doubt.

criminal appeal_dismissed Significant POCSO Act birth certificate admissibility age proof DNA evidence

Nitin Pandurang Shejwal v. The State of Maharashtra

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

The High Court upheld the Tribunal’s reference of conflicting recruitment cases to a larger Bench despite procedural irregularities in recalling its earlier order, directing maintenance of service status quo pending final decision.

administrative petition_dismissed Significant Administrative Tribunal Impleadment Recall of judgment Larger Bench reference

Azaria corp LLP v. Deputy Commissioner of State Tax

05 Jan 2023 · M. S. Sonak; Advait M. Sethna

The Bombay High Court allowed restoration of GST registration cancelled for non-filing of returns upon full payment of dues, emphasizing proportionality and mutual interest of taxpayer and revenue.

administrative petition_allowed Significant GST registration cancellation restoration failure to file returns