High Court of Bombay

5,131 judgments

Year:

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
Cites 0 · Cited by 1

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

D.S. Karant v. Union of India

29 Nov 2022 · S.V. Gangapurwala; Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the disciplinary charges against an IRS officer but modified the penalty to reduce him by one rank instead of two, ensuring proportionality and adherence to natural justice.

administrative petition_allowed Significant disciplinary proceedings reduction in rank principles of natural justice UPSC advice

Zishan Mukhtar Hussain Siddique v. The State of Maharashtra

28 Nov 2022 · Revati Mohite Dere; R. N. Laddha

The Bombay High Court quashed an FIR and charge-sheet under Section 3 of the Official Secrets Act for malafide invocation, holding that taking photos of a complaint inside a police station does not constitute spying or an offence under the Act.

criminal petition_allowed Significant Official Secrets Act, 1923 Section 3 Official Secrets Act quashing of FIR malafide prosecution

Vijay Subhash Kore v. State of Maharashtra

28 Nov 2022 · A. S. Gadkari; Prakash D. Naik · (1989) 3 SCC 173

The Bombay High Court set aside a preventive detention order due to unreasonable delay by the detaining authority in deciding the petitioner's representation, violating Article 22(5) of the Constitution.

constitutional petition_allowed Significant preventive detention Article 22(5) Maharashtra Prevention of Dangerous Activities Act delay in representation

Pune Municipal Corporation v. Moreshwar Ganesh Bhalerao & Pralhad Moreshwar Bhalerao

24 Nov 2022 · Milind N. Jadhav

The Bombay High Court upheld the Small Causes Court's order reducing the Rateable Value of a commercial shop due to lack of proper notice and arbitrary fixation by the Municipal Corporation.

property petition_dismissed Rateable Value Municipal Corporation Property Tax Notice

Chandulal Jorawarmal Mehta v. Mumbai Building Repair And Reconstruction Board

23 Nov 2022 · G.S. Patel; Madhav J. Jamdar

The Bombay High Court upheld the validity of a condition in redevelopment NOCs requiring reimbursement of expenses by developers, rejecting claims of double taxation and lack of statutory authority under the MHADA Act.

administrative petition_dismissed Significant MHADA Act 1976 Mumbai Building Repairs and Reconstruction Board No Objection Certificate Condition No. 5

Awadesh Singh Yadav & Ors v Labour Enforcement Officer Dadra & Nagar Haveli & Ors

23 Nov 2022 · G. S. Patel; Gauri Godse

The High Court held that denial of proper representation vitiated the domestic enquiry, quashed the approval of dismissal under Section 33(2)(b) of the Industrial Disputes Act, resulting in automatic reinstatement of workmen with back wages.

labor appeal_allowed Significant Industrial Disputes Act, 1947 Section 33(2)(b) domestic enquiry natural justice

The Principal Commissioner of Customs (General) v. Mahavir Logistics

23 Nov 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 0 · Cited by 1

The Bombay High Court upheld the CESTAT's order setting aside the revocation of a Customs Broker's license on grounds of proportionality while affirming penalty and forfeiture, emphasizing judicial review of punishment under Customs Broker Licensing Regulations.

administrative appeal_dismissed Significant Customs Broker Licensing Regulations, 2013 doctrine of proportionality judicial review revocation of license

Mohammad Azad Alam Diljad Ansari v. The State of Maharashtra

22 Nov 2022 · Sarang V. Kotwal

The Bombay High Court modified the appellant’s conviction from attempt to murder under Section 307 IPC to attempt to commit culpable homicide under Section 308 IPC, reducing the sentence accordingly due to lack of requisite intention.

criminal appeal_allowed Significant Section 307 IPC Section 308 IPC Attempt to murder Attempt to commit culpable homicide

Chandrakant Alias Chandar Basu Chavan v. The Commissioner Of Police & Ors.

21 Nov 2022 · A. S. Gadkari; Prakash D. Naik

The Bombay High Court quashed a preventive detention order due to unreasonable delay in deciding the detainee's representation, affirming the constitutional right under Article 22(5) for expeditious consideration.

constitutional petition_allowed Significant preventive detention Article 22(5) representation unreasonable delay

Sheikhah Fadiah Saad Al-Abdullah Al-Sabah v. Sanjay Mishrimal Punamiya

18 Nov 2022 · B. P. Colabawalla

The Bombay High Court held that forged tenancy agreements executed after the landlord's death do not confer rights, declared the Defendants trespassers, and granted equitable relief including appointment of a Court Receiver and mesne profits to the Plaintiff.

civil appeal_allowed Significant tenancy agreement forgery constituted attorney possession

M/s. Renaissance Global Limited v. Union of India

18 Nov 2022 · K.R. Shriram; A.S. Doctor
Cites 2 · Cited by 0

The Bombay High Court held that import of finished jewellery for remaking within SEZs is permitted under the SEZ Act, and Customs authorities lack jurisdiction to impose penalties or confiscate such goods under the Customs Act.

administrative appeal_allowed Significant Special Economic Zone Act, 2005 Customs Act, 1962 import of finished jewellery remaking of jewellery

Santu Sukhdeo Jaibhave & Ors. v. Nashik Municipal Corporation & Ors.

18 Nov 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that failure to initiate acquisition within the statutory period after a valid Purchase Notice under Section 127 of the MRTP Act causes reservation of land to lapse, and a Draft Revised Development Plan not yet sanctioned cannot invalidate such notice.

administrative appeal_allowed Significant Maharashtra Regional Town Planning Act Section 127 Purchase Notice Reservation lapsing

Devendra Ramlal Bidlan v. Commissioner of Police Pune City & Ors.

18 Nov 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 0 · Cited by 1

The Bombay High Court quashed a preventive detention order due to unreasonable delay in considering the detainee's representation and failure to furnish vital documents, violating Article 22(5) of the Constitution.

criminal petition_allowed Significant preventive detention Article 22(5) representation delay detention order