High Court of Bombay

5,131 judgments

Year:

Bajaj Electricals Limited v. Chanda S. Khetawat & Anr.

16 Jan 2023 · Bharati Dangre

The Bombay High Court held that the MSMED Act's dispute resolution mechanism overrides an existing arbitration agreement, dismissing the applicant's plea for appointment of an arbitrator under the Arbitration Act.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Micro, Small and Medium Enterprises Development Act, 2006 Section 11 Arbitration Section 18 MSMED Act

Nivrutti D. Ghogare & Ors. v. Maharashtra Industrial Development Corporation, Mumbai & Ors.

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

The court held that compensation for land excluded from an acquisition agreement must be determined under Section 33(3) of the Maharashtra Industrial Development Act, quashing the award made under Section 33(2) without such agreement.

property appeal_allowed Significant Maharashtra Industrial Development Act land acquisition compensation Section 33(2)

Samidha Nimkar v. Somaiya Vidyavihar & Ors.

13 Jan 2023 · G.S. Patel; S.G. Dige
Cites 2 · Cited by 0

The Bombay High Court quashed administrative orders rejecting a teacher's appointment approval for being arbitrary, unreasonable, and violative of natural justice, directing approval and payment of arrears.

administrative appeal_allowed Significant Wednesbury unreasonableness principles of natural justice no objection certificate government resolution

Ganpat Govind Shigvan v. Preeti Paresh Shah

13 Jan 2023 · Sandeep K. Shinde

The Bombay High Court held that a civil court has jurisdiction to try a possession suit founded on title against a defendant claiming to be a gratuitous licensee, rejecting the plea that the Small Causes Court has exclusive jurisdiction under Section 41 of the Presidency Small Causes Court Act.

civil petition_dismissed Significant jurisdiction gratuitous licensee possession suit Presidency Small Causes Court Act

Aman Builders and Developers, Goa v. Guddu S. Malha

12 Jan 2023 · Madhav J. Jamdar

Second Appeals under Section 58 of the RERA Act concerning real estate projects in Goa must be filed at the High Court of Bombay at Goa and not at its Principal Seat in Mumbai.

administrative appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 58 RERA Act High Court jurisdiction Goa Real Estate Appellate Tribunal

Shital Anna Walawade v. The State of Maharashtra

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

The Bombay High Court held that petitioners are entitled to compensation under the 2013 Land Acquisition Act for alternate land accepted by the State where compensation was not paid before the Act's commencement, rejecting their claim for rental compensation.

property petition_allowed Significant land acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Land Acquisition Act, 1894 alternate land

G M Heights LLP v. Municipal Corporation of Greater Mumbai & Ors.

12 Jan 2023 · G. S. Kulkarni; R. N. Laddha
Cites 1 · Cited by 0

The Bombay High Court held that a single tenant cannot obstruct redevelopment or dictate its nature, and the Municipal Corporation must grant commencement certificate without requiring consent from all tenants if alternate accommodation is offered.

property appeal_allowed Significant redevelopment tenant rights commencement certificate alternate accommodation

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)