High Court of Bombay

5,131 judgments

Year:

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

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