High Court of Bombay

4,240 judgments

Year:

Reliance Communication Limited v. Rajendra P. Bansal

04 Jan 2023 · K. R. Shriram; Kamal Khata

The Bombay High Court held that monies deposited in Court as security for stay of execution remain the property of the depositor pending appeal and that the moratorium under Section 14 of the IBC does not bar withdrawal of such monies, while affirming that jurisdiction over the appeal and interim application lies with the civil court, not the NCLT.

civil appeal_dismissed Significant Corporate Insolvency Resolution Process Insolvency and Bankruptcy Code Moratorium Jurisdiction

Savita Balaso Niruke v. State of Maharashtra

04 Jan 2023 · G.S. Patel; S.G. Dige

The Bombay High Court dismissed the petition seeking grace marks and condonation under university ordinances, holding that the provisions must be strictly interpreted per semester examination and cannot be liberally construed to allow unmeritorious passing.

academic/education petition_dismissed Significant Grace Marks Condonation University Ordinances Interpretation of Statutes

Sonali Shivram Dupare; Smita Amrut Patil; Tushar Madhukar Shelar v. The Thane District Central Co-operative Bank; The District Deputy Registrar, Thane District Co-operative Societies; The Commissioner of Co-operation Maharashtra State; State of Maharashtr

04 Jan 2023 · K.R. Shriram; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court quashed the irregular recruitment process of a co-operative bank and directed a fresh recruitment, holding the writ petition maintainable and emphasizing strict adherence to State guidelines and public interest.

administrative appeal_allowed Significant recruitment irregularities co-operative bank Section 79A Maharashtra Co-operative Societies Act writ petition maintainability

Abdul Rasul Nurallah Virjee and Jalalluddin Nurallah Virjee v. Regal Footwear

02 Jan 2023 · R.I. Chagla
Cites 1 · Cited by 0

The Bombay High Court held that the Plaintiffs’ prior and continuous use of the trademark "REGAL" since 1954 entitled them to injunction against the Defendant’s infringing use, rejecting the Defendant’s defenses of prior user, honest concurrent use, and acquiescence.

intellectual_property appeal_allowed Significant Trade Marks Act, 1999 Trademark infringement Prior user rights Section 34 defense

Lt. Col. Prasad Purohit v. National Investigation Agency & The State of Maharashtra

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

The Bombay High Court held that prosecution of a serving Army officer for the Malegaon blast did not require prior sanction under Section 197 Cr.P.C. as the alleged offences were unrelated to his official duties, dismissing his appeal against framing of charges.

criminal appeal_dismissed Significant Section 197 Cr.P.C. Sanction for prosecution Public servant Official duty

Hemant Ashar v. Nashik Municipal Smart City Development Corporation Limited and Ors.

29 Dec 2022 · CHIEF JUSTICE; SANDEEP V. MARNE
Cites 1 · Cited by 2

The Bombay High Court dismissed a writ petition challenging a tender work order for lack of locus standi and delay but directed an enquiry into alleged irregularities in the tender process.

administrative petition_dismissed Significant locus standi tender process work order forgery

Sheshrao Namdev Bade v. The State of Maharashtra

28 Dec 2022 · Nitin Jamdar; Manjusha Deshpande

The Bombay High Court upheld the validity of the 2022 Recruitment Rules amalgamating Administrative Officers with Education Officers for seniority and promotion, dismissing the Petitioners' challenge to retrospective seniority fixation.

administrative petition_dismissed Significant Maharashtra Education Service Recruitment Rules 2022 Administrative Officer Education Officer

Edufocus International Education LLP v. Yashovardhan Birla

23 Dec 2022 · N. J. Jamadar

The Bombay High Court held that disputes under the School Management Services Agreement and Agreement to Lease are arbitrable and ordered constitution of an arbitral tribunal, but disputes under the MOU and Leave and License Agreement are non-arbitrable due to statutory bar under the Presidency Small Cause Courts Act.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 application Arbitrability Presidency Small Cause Courts Act, 1882

Smt. Vimal Baban Patil & Ors. v. General Manager, Maharashtra State Road Transport Corporation & Ors.

23 Dec 2022 · S. G. DIGE

The Bombay High Court allowed the appeal and awarded compensation to the claimants for death caused by the negligent reversing of an MSRTC bus driver, apportioning liability between the driver and deceased.

civil appeal_allowed Significant Motor Accident Claim Negligence Contributory Negligence Compensation

Aprna Vitthal Kharade v. Union of India

23 Dec 2022 · S. G. DIGE

The Bombay High Court allowed the appeal and awarded compensation to the claimants, holding that the deceased was a bona fide passenger who died due to falling from a running train, reversing the Railway Claims Tribunal's dismissal.

civil appeal_allowed Significant Railways Act Section 124 bona fide passenger compensation

CREDAI-BANM v. Union of India

23 Dec 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court dismissed a writ petition seeking extension of tax deduction timelines under section 80-IBA of the Income Tax Act, holding that courts cannot direct the legislature to amend tax laws and that no discrimination under Article 14 was established.

constitutional petition_dismissed Significant Article 14 Article 226 writ of Mandamus Income Tax Act 1961

Rusabh Shah v. Avarsekar & Sons Private Limited

23 Dec 2022 · S. M. Modak

The Bombay High Court allowed the writ petition directing registration of a co-operative housing society, holding that the Competent Authority must verify the validity of the promoter's submission under the Maharashtra Apartment Ownership Act before rejecting society registration.

civil appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Maharashtra Apartment Ownership Act, 1970 co-operative housing society deed of Declaration

Riyazuddin Hisamuddin Kazi v. National Investigating Agency

23 Dec 2022 · Revati Mohite Dere; R. N. Laddha

The Bombay High Court allowed bail to the appellant charged under Sections 120-B and 201 IPC, holding that absence of prima facie evidence of knowledge or participation in destruction of evidence and no UAPA charges entitled him to bail.

criminal appeal_allowed Significant bail Section 120-B IPC Section 201 IPC destruction of evidence

Bennett Coleman & Co. Ltd v. MAD (India) Pvt. Ltd

22 Dec 2022 · Bharati Dangre

The Bombay High Court held that an arbitration clause printed on the back of tax invoices, accepted and acted upon by the parties, constitutes a valid arbitration agreement warranting appointment of a sole arbitrator.

commercial appeal_allowed Significant arbitration clause tax invoice arbitration agreement Section 7 Arbitration Act

Namrata Avinash Kadu v. State of Maharashtra and Anr.

22 Dec 2022 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order for failure to place the anticipatory bail order before the detaining authority and supply it to the detenu, violating Article 22(5) rights and vitiating subjective satisfaction.

criminal appeal_allowed Significant preventive detention anticipatory bail subjective satisfaction Article 22(5) Constitution of India

State of Maharashtra and Ors. v. Prabhakar Rangnath Kulkarni and Ors.

22 Dec 2022 · Milind N. Jadhav

The High Court held that Civil Courts have jurisdiction to entertain suits challenging land acquisition where mandatory procedural requirements under the special resettlement statute are not complied with, and dismissed the revision application against the Trial Court's order upholding such jurisdiction.

civil appeal_dismissed Significant Civil Court jurisdiction Statutory bar Maharashtra Project Affected Persons and Rehabilitation Act, 1986 Maharashtra Re-Settlement of Project Displaced Persons Act, 1976

IFFCO Tokio General Insurance Company Ltd. v. Namrata Namdeo Vishe & Ors.

22 Dec 2022 · Abhay Ahuja

The Bombay High Court dismissed the insurer's appeal, holding that insurers must indemnify third-party victims despite invalid driver licenses but may recover the amount from the insured under the 'pay and recover' doctrine.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 insurance liability third party compensation

Hyprecision Hydraulik v. State of Maharashtra

21 Dec 2022 · S. V. Gangapurwala, ACJ; Arif S. Doctor, J.

The Bombay High Court held that failure to produce a declaration certified by the Octroi Inspector is a procedural lapse that does not bar refund of octroi under Section 194(2) of the MMC Act if substantive eligibility criteria are met.

administrative petition_allowed Significant octroi refund Section 194(2) MMC Act procedural requirement substantial compliance

Anil Vishnu Anturkar v. Chandrakumar Popatlal Baldota

21 Dec 2022 · Abhay Ahuja

The Bombay High Court held that a lawyer cannot be compelled to disclose or verify privileged professional communications without the client's express consent, even after the client's death, quashing the witness summons issued for such purpose.

civil petition_allowed Significant Section 126 Indian Evidence Act privileged communication professional communication lawyer-client privilege

Metro Ortem Ltd v. Maharashtra State Road Transport Corporation

21 Dec 2022 · Milind N. Jadhav
Cites 3 · Cited by 0

The Bombay High Court held that service of writ of summons is mandatory and appearance through advocate does not dispense with it, dismissing the petition challenging the trial court’s order permitting late filing of written statement without proper service.

civil petition_dismissed Significant service of summons writ of summons Order VIII Rule 1 CPC written statement