High Court of Bombay

4,240 judgments

Year:

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

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

Vikram Jamnadas Kothari v. Barclays Wealth Trustees (India) Pvt. Ltd.

02 Dec 2022 · SOMASEKHAR SUNDARESAN
Cites 4 · Cited by 0

The Bombay High Court held that the Section 11 Court's role is limited to prima facie examination of an arbitration agreement's existence and directed reference of disputes under the Escrow Agreement to arbitration, rejecting the Dosti Group's contention of abandonment.

commercial_arbitration appeal_allowed Significant Section 11 Arbitration Act Arbitration agreement Abandonment of arbitration Section 8 Arbitration Act

Suruchi Rajendra Gurjar v. Board of Trustees of the Mumbai Port Authority

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

The Bombay High Court held that the Chairman of Mumbai Port Trust retains statutory authority to initiate disciplinary proceedings against the petitioner despite Ministry circulars, dismissing the writ petition challenging jurisdiction.

administrative appeal_dismissed Significant disciplinary authority Major Port Trusts Act, 1963 Bombay Port Trust Employees Regulations, 1976 executive instructions vs statutory rules

Sharad Vishnu Khatu v. Union of India Ministry of External Affairs

01 Dec 2022 · M. S. Sonak; Advait M. Sethna

The Bombay High Court held that passport renewal cannot be denied based on incorrect police records and emphasized the fundamental right to travel abroad under Article 21, directing prompt verification and correction of records.

constitutional petition_allowed Significant passport renewal right to travel abroad Article 21 fundamental rights

M/s. Mallak Specialities Pvt Ltd. v. The New India Assurance Co. Ltd.

30 Nov 2022 · Bharati Dangre

The Bombay High Court held that repudiation of an insurance claim denying liability excludes the dispute from arbitration under the policy's arbitration clause, and refused to appoint an arbitrator.

commercial appeal_dismissed Significant arbitration clause insurance policy repudiation of claim denial of liability

M/s Securities & Time Share Owners Welfare Association v. Securities and Exchange Board of India & Union of India

30 Nov 2022 · Dipankar Datta, CJ; Abhay Ahuja, J

The Bombay High Court held that not all Time Share Companies qualify as Collective Investment Schemes under the SEBI Act and dismissed the PIL seeking blanket regulation and legislation, emphasizing SEBI's fact-specific regulatory role and the limits of judicial intervention.

administrative petition_dismissed Significant Collective Investment Scheme Time Share Companies SEBI Act 1992 Section 11-AA

Jayant Meghani & Ors. v. M/s Shree Tirupati Greenfield & Ors.

30 Nov 2022 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court upheld an arbitral award holding that investments were loans repayable with interest, validated evidence led by a power of attorney holder, and affirmed the interest rates awarded, dismissing all challenges under Section 34 of the Arbitration and Conciliation Act, 1996.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Contract interpretation Power of attorney witness

Bhimrao Jagannath Koli v. The State of Maharashtra

29 Nov 2022 · Sarang V. Kotwal

The Bombay High Court acquitted a physically handicapped appellant of attempt to murder charges due to inconsistencies in prosecution evidence and failure to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant Section 307 IPC Attempt to murder Physical handicap Benefit of doubt