High Court of Bombay

4,240 judgments

Year:

Shri Yuvraj Datajirao Patil v. District Deputy Registrar Co-op. Societies, Kolhapur & Ors.

17 Nov 2022 · Sandeep K. Shinde

The Bombay High Court held that disqualification of a cooperative society committee member for loan default under Section 73CA operates automatically upon due declaration, is not remedied by payment or resignation, and does not require a removal order under Section 78A.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act Section 73CA disqualification cessation of membership

Shabbir Kankaru Inamdar v. Mirza Salimbeg Jabbarbeg & Ors.

16 Nov 2022 · Madhav J. Jamdar, J.
Cites 1 · Cited by 0

The Bombay High Court held that under Section 22(1)(b) of the Specific Relief Act, a plaintiff suing for specific performance can amend the plaint at any stage to claim injunction relief, overriding CPC provisions, and allowed the petitioner to amend accordingly.

civil appeal_allowed Significant Specific Relief Act Section 22 Amendment of plaint Injunction relief Specific performance

Monty Bahadur Karotiya v. Commissioner of Police, Thane

15 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court quashed a preventive detention order for failure to furnish vital injury certificates to the detenu, violating his constitutional right to make an effective representation under Article 22(5).

criminal petition_allowed Significant preventive detention Article 22(5) Constitution of India non-communication of grounds injury certificates

Amol Ambadas Bankar & Amol Bhagwan Shende v. The State of Maharashtra

15 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the appeal and upheld the conviction of appellants for murder based on strong circumstantial evidence including motive, recovery of incriminating articles, and DNA identification of the deceased.

criminal appeal_dismissed Significant circumstantial evidence murder motive last seen theory

Thr. Chief General Manager & Anr v. Sandeep Sadanand Vanjari

14 Nov 2022 · M. S. Karnik

The Bombay High Court held that while labour disputes should generally be decided on all issues together to avoid delay, a Labour Court may frame and decide preliminary issues when the employee enjoys interim protection, and set aside the Industrial Court's order directing otherwise.

labor appeal_allowed Significant preliminary issue labour dispute unfair labour practice MRTU & PULP Act

Rajendra @ Raju Kanadi v. State of Maharashtra

14 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC based on reliable sole eyewitness testimony corroborated by medical and forensic evidence.

criminal appeal_dismissed Significant Section 302 IPC murder sole eyewitness testimony corroboration

Anil Raju Kiratkudwe v. The State of Maharashtra

14 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the appellant's conviction for murder under Section 302 IPC, holding that minor contradictions in eyewitness testimony do not undermine the core evidence corroborated by medical and forensic reports.

criminal appeal_dismissed murder ocular evidence contradictions in witness testimony medical evidence

Vikram Rajaram Chourasiya v. The State of Maharashtra

14 Nov 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the conviction for murder based on reliable dying declarations corroborated by medical evidence, dismissing the appellant's challenge to the trial court's judgment.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder Indian Evidence Act Section 32

Bharti Airtel Ltd. v. The Chief Controlling Revenue Authority

14 Nov 2022 · Sandeep V. Marne

The Bombay High Court held that stamp duty on a demerger scheme must be computed on the market value of shares issued and consideration paid, not on enterprise value or net worth of the demerged undertaking, setting aside the higher stamp duty demand.

civil petition_allowed Significant Stamp duty Scheme of Arrangement Demerger Enterprise value

The New India Assurance Co. Ltd. v. Eshwari Vellapandi Devar

11 Nov 2022 · Anuja Prabhudessai

The Bombay High Court allowed appeals against a Workmen’s Compensation award, holding that the claimant failed to prove the accident arose out of and in the course of employment, and set aside the compensation order.

labor appeal_allowed Significant Workmen’s Compensation Act employer-employee relationship arising out of employment in the course of employment

The New India Assurance Co. Ltd. v. Eshwari Vellapandi Devar

11 Nov 2022 · Anuja Prabhudessai

The High Court set aside a compensation award under the Workmen’s Compensation Act, holding that the claimant failed to prove the accident arose out of and in the course of employment.

labor appeal_allowed Significant Workmen’s Compensation Act, 1923 employer-employee relationship arising out of employment in the course of employment

Rakesh Bhimashankar Umbarje & Ors. v. State of Maharashtra & Ors.

11 Nov 2022 · G. S. Kulkarni; R. N. Laddha

The Bombay High Court held that the Scheduled Tribe Certificate Scrutiny Committee lacks jurisdiction to review or reopen caste validity certificates once finalized by the High Court, and any challenge lies exclusively before the High Court under Article 226.

administrative petition_allowed Significant Scheduled Tribe Certificate Caste Validity Certificate Scrutiny Committee Jurisdiction

Vishnu Mahadeo Sarawale v. The State of Maharashtra

11 Nov 2022 · Nitin Jamdar; M. M. Sathaye

The Bombay High Court held that suspension of a private school employee lapses automatically after 120 days if the inquiry is not completed and no extension is granted, deeming the employee to have rejoined duties.

labor petition_allowed Significant suspension departmental inquiry Maharashtra Employees of Private Schools Rules, 1981 Rule 37(2)(f)

Chanda Kochhar v. ICICI Bank Ltd.

10 Nov 2022 · R.I. Chagla
Cites 2 · Cited by 1

The Bombay High Court held that ICICI Bank could treat Chanda Kochhar’s early retirement as termination for cause and revoke ESOPs and benefits based on post-retirement findings of gross misconduct, as the ESOP contract and employment contract are separate and the bank did not waive its rights.

civil appeal_dismissed Significant early retirement termination for cause Employee Stock Option Scheme ESOP revocation

Bank of Baroda v. Gujarat Cables and Enamelled Products Pvt. Ltd.

10 Nov 2022 · Sandeep K. Shinde

The Bombay High Court upheld the trial court’s refusal to allow a bank to produce additional documents not filed with the Written Statement in a commercial suit, holding that mere inadvertence does not constitute reasonable cause under Order 11 Rule 10 CPC.

civil petition_dismissed Significant Order 11 Rule 10 CPC reasonable cause non-disclosure of documents Commercial Courts Act 2015

Kavita G. Rajani v. Samir N. Bhojwani

09 Nov 2022 · N.J. Jamadar

The Bombay High Court decreed the principal amounts in summary suits based on bills of exchange while granting unconditional leave to defend on interest claims, rejecting defences of running account and oral adjustment agreement without evidence.

civil appeal_allowed Significant Order XXXVII CPC summary suit bill of exchange running account

Karan Vishnu Khandelwal v. Honourable Chairman / Secretary Vaikunth (Andheri) Cooperative Housing Society Ltd.

09 Nov 2022 · Sandeep K. Shinde

The High Court held that a nominee under the Maharashtra Cooperative Societies Act is entitled only to provisional membership until legal heirs establish their rights and quashed the order dismissing the petitioner's revision for lack of hearing.

civil appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 nomination provisional membership natural justice

Maharashtra State Wrestling Association v. Union of India and Ors.

09 Nov 2022 · SANDEEP K. SHINDE

The Bombay High Court quashed the Wrestling Federation of India's dissolution of the Maharashtra State Wrestling Association for violating natural justice and constitutional procedures.

administrative petition_allowed Significant Wrestling Federation of India Maharashtra State Wrestling Association dissolution of association principles of natural justice

Godrej and Boyce Mfg. Co. Ltd. v. Sanjay Gangaram Dagade

09 Nov 2022 · N.J. Jamadar
Cites 2 · Cited by 0

The High Court held that Industrial Tribunals have jurisdiction to grant interim relief such as subsistence allowance during pendency of industrial disputes, but dismissal without inquiry does not automatically entitle employees to such allowance, and amounts deposited as interim relief must be preserved pending final adjudication.

labor appeal_partly_allowed Significant Industrial Disputes Act, 1947 interim relief subsistence allowance dismissal without inquiry

Balaji Construction Company v. Anjusha Ajit Kadam & Ors.

31 Oct 2022 · Sandeep V. Marne

The Bombay High Court upheld the requirement for a promoter to pre-deposit the amount of interest payable under a MahaRERA order as a condition precedent to entertaining appeals under Section 43(5) of RERA, excluding interest during the moratorium period.

civil appeal_allowed Significant Real Estate (Regulation and Development) Act, 2016 Section 43(5) pre-deposit promoter liability