High Court of Bombay

5,131 judgments

Year:

Rattan India Power Limited v. Union of India & Ors.

10 Dec 2022 · Nitin Jamdar; Abhay Ahuja
Cites 5 · Cited by 1

The Bombay High Court dismissed the writ petition challenging service tax demand on irrigation restoration charges, holding that the petitioner must avail the statutory appeal remedy as the issue involves disputed facts and law unsuitable for writ jurisdiction.

tax petition_dismissed Significant writ petition service tax irrigation restoration charges reverse charge mechanism

Purshotam Vishandas Raheja v. State of Maharashtra

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Court held that failure to take acquisition steps within six months of a purchase notice under Section 127 MRTP Act causes reservation to lapse, and such notice cannot be withdrawn, quashing acquisition proceedings initiated after the lapse.

property petition_allowed Significant purchase notice Section 127 MRTP Act land acquisition reservation lapse

M/s. Bombay Pharmaceuticals Works Pvt. Ltd. v. State of Maharashtra & Ors.

09 Dec 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court directed the developer to execute and register a permanent alternate accommodation agreement with the petitioner before granting further permissions, restraining creation of third party rights, enforcing compliance with redevelopment conditions under Article 226.

civil appeal_allowed Significant writ petition mandamus permanent alternate accommodation redevelopment

Gorakhnath Shankar Nakhwa & Ors. v. The Municipal Commissioner of Municipal Corporation of Greater Mumbai & Ors.

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Bombay High Court upheld the Municipal Corporation's stop work orders and requirement of NOC from Mazagaon Dock Shipbuilders Limited as a Defence Establishment, validating security-based restrictions on construction under relevant laws and constitutional provisions.

administrative appeal_dismissed Significant No Objection Certificate Defence Establishment Official Secrets Act, 1923 Works of Defence Act, 1903

Vikram Delite Co-op. Hsg. Soc. Ltd. v. Union of India

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Bombay High Court upheld the Defence authorities' refusal to grant NOC for construction near a Naval establishment, affirming the Planning Authority's duty to consider security concerns under statutory provisions and deferring to Defence expertise on national security matters.

administrative appeal_dismissed Significant No Objection Certificate Defence Establishment Planning Authority MRTP Act

J P Parekh & son v. Naseem Qureshi

08 Dec 2022 · Bharati Dangre

The Bombay High Court granted interim relief under Section 9 of the Arbitration Act directing deposit of admitted architectural fees by Respondents pending arbitration, emphasizing the Court's wide discretion to secure amounts in dispute before commencement of arbitral proceedings.

civil appeal_allowed Significant Section 9 Arbitration Act interim relief architectural services dispute payment of fees

Maruti Ganu Supnekar and Others v. State of Maharashtra and Others

08 Dec 2022 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court held that entitlement to land allotment under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 arises only upon application under Section 16(1), and acceptance of full compensation without such application forfeits the right to allotment and notice under Section 16(2)(a).

administrative petition_dismissed Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 Section 16(1) Section 16(2)(a) land allotment

Forest Realty v. Taksha Spaces Pvt Ltd. & Ors.

07 Dec 2022 · B. P. Colabawalla

The Bombay High Court held that filing a vakalatnama and return of summons marked 'unclaimed' constitute valid service, negating the need for re-service under Rule 84 of its Original Side Rules.

civil appeal_allowed Significant service of summons vakalatnama Bombay High Court Rules 1980 unclaimed return

ICICI Bank Limited v. Budhadeo Mukharji

07 Dec 2022 · Milind N. Jadhav

The Bombay High Court held that absence of a registered mortgage deed precluded the petitioner bank from claiming secured creditor status under SARFAESI Act, allowing the civil suit for injunction by a bona fide purchaser to proceed.

civil petition_dismissed Significant SARFAESI Act Section 34 SARFAESI equitable mortgage registered mortgage deed

The State of Maharashtra v. Bharat Constructions

06 Dec 2022 · Manish Pitale

The Bombay High Court upheld the majority arbitral award granting compensation for delay in a construction contract, emphasizing the limited scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 arbitral award judicial interference

Stoughton Street Tech Labs Pvt. Ltd. v. Godlike Esports Pvt. Ltd.

06 Dec 2022 · R.I. Chagla

The Bombay High Court dismissed the Plaintiff’s interim application enforcing a determinable Collaboration Agreement in an e-sports dispute, holding no concluded contract was proved and negative covenants unenforceable against non-parties.

civil petition_dismissed Significant Collaboration Agreement Specific Performance Interim Injunction Determinable Contract

Shri Sadanand Raghunath Gharat v. Union of India

06 Dec 2022 · Dipankar Datta, CJ; Abhay Ahuja, J

The Bombay High Court upheld dismissal of a government employee for obtaining appointment by fraudulently claiming Scheduled Tribe status, holding that fraudulent appointments are void and disciplinary action can be taken even after decades.

administrative appeal_dismissed Significant false caste certificate Scheduled Tribe reservation disciplinary proceedings voluntary retirement

Asif Abdul Sattar v. State of Maharashtra & Ors.

05 Dec 2022 · S.V. Gangapurwala, ACJ; Sandeep V. Marne, J
Cites 0 · Cited by 1

The Bombay High Court upheld the Municipal Commissioner’s approval granting combined incentive FSI on gross and net plot areas, holding it lawful and within regulatory limits, and dismissed the PIL challenging excess FSI grant.

administrative petition_dismissed Significant Floor Space Index Gross Plot Area Net Plot Area Development Control and Promotion Regulations 2034

Pr. Commissioner of Income Tax-5 v. Trigent Software Limited

02 Dec 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court upheld the ITAT's decision treating expenditure on abandoned software development projects as revenue expenditure since no new capital asset of enduring benefit was created.

tax appeal_dismissed Significant capital expenditure revenue expenditure abandoned project software development

GTL Infrastructure Ltd v. Vodafone Idea Ltd

02 Dec 2022 · Bharati Dangre

The Bombay High Court held that a dispute resolution clause making arbitration conditional upon mutual agreement and using permissive language 'may' does not constitute a valid arbitration agreement, and dismissed the applications for appointment of arbitrators.

commercial_arbitration appeal_dismissed Significant arbitration agreement Section 7 Arbitration Act Section 11 Arbitration Act dispute resolution clause

M/s. Pinak Bharat and Company v. Shri Anil Ramrao Naik

02 Dec 2022 · S. M. MODAK, J.

The Bombay High Court upheld acquittal in a Section 138 NI Act case, ruling that cheques given as security and unilaterally altered by the payee are invalid for prosecution.

criminal appeal_dismissed Significant Section 138 Negotiable Instruments Act Section 139 Negotiable Instruments Act material alteration cheque as security

Bittu @ Manpreet Sukhdevsing Mahi; Dilip Indrajitsing Chauhan; Amar @ Rinku Kulvantsing Chauhan v. The State of Maharashtra

02 Dec 2022 · Sarang V. Kotwal

The Bombay High Court acquitted appellants in a MCOCA case due to inconsistent prosecution evidence and unreliable confession, holding that main offences were not proved beyond reasonable doubt.

criminal appeal_allowed Significant MCOCA confessional statement sanction under Section 23 MCOCA recovery of weapon

The State of Maharashtra v. Manisha Chandrakant Gosavi

02 Dec 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J.

The Bombay High Court held that the respondent's resignation was voluntary and effective upon acceptance, setting aside the Tribunal's order of reinstatement and directing appropriate action on her sexual harassment complaint.

administrative appeal_allowed Significant resignation voluntariness duress sexual harassment

Charudatta Ramchandra Bagadi v. Secretary, Shetkari Shikshan Mandal

02 Dec 2022 · Madhav J. Jamdar

The Bombay High Court dismissed the writ petition challenging termination of a teacher appointed without mandatory prior permission and proper procedure under the M.E.P.S. Act, upholding the legality of the termination and refusal of reinstatement.

labor petition_dismissed Significant Maharashtra Employees of Private Schools Act appointment procedure prior permission Education Officer

Shri Raviraj Rajendra Patil v. Gram Panchayat Bachni & Ors.

02 Dec 2022 · S. M. Modak

The Bombay High Court upheld the rejection of an election objection based on delayed caste validity certificate production, allowing COVID-19 pandemic-related delay as a valid ground for condonation beyond the statutory period.

administrative petition_dismissed Significant caste validity certificate Section 30(1A) Maharashtra Village Panchayats Act COVID-19 pandemic extension of limitation