High Court of Bombay

5,131 judgments

Year:

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

The Commissioner of Service Tax v. M/s. Surindra Engineering Co. Ltd.

21 Oct 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court dismissed the revenue's appeal for lack of jurisdiction under section 35L, upholding the CESTAT's view that laying pipelines is not taxable as erection, commissioning or installation service under the Finance Act.

tax appeal_dismissed Significant Service Tax Erection Commissioning Installation Service Laying of Pipelines Central Excise Act 1944

Pr. Commissioner of Income Tax -1 v. Nitin Ramdeoji Lohia

21 Oct 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The High Court upheld the ITAT's deletion of additions on alleged bogus purchases due to lack of proper investigation and evidence, but remanded the matter for consideration of gross profit rate enhancement.

tax appeal_dismissed Significant bogus purchases income tax assessment burden of proof Sales Tax Department information

Shivdatta @ Biltu Subhodchandra Sah v. The State of Maharashtra

21 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and related charges due to failure of prosecution to prove a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence murder possession of stolen property last seen theory

Eknath Ganpatrao Khadse v. The State of Maharashtra

21 Oct 2022 · Nitin W. Sambre; N. R. Borkar

The Bombay High Court dismissed the petition challenging FIR registration and order permitting further investigation, holding that prior sanction provisions under the Prevention of Corruption Act apply prospectively and that further investigation can be ordered despite a closure report.

criminal petition_dismissed Significant Prevention of Corruption Act, 1988 Section 17A Section 19 prior sanction

The Official Liquidator v. Savannah Lifestyle Private Limited

21 Oct 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court recalled its order approving a compromise assigning a co-operative bank's loan to a private party, holding such assignment unlawful under RBI Directions and Banking Regulation Act.

civil appeal_allowed Significant Order XXIII Rule 3 CPC RBI Transfer of Loan Exposures Directions 2021 Banking Regulation Act 1949 Sections 21 and 35A One Time Settlement Scheme

WYNK Ltd v. TIPS Industries Ltd

20 Oct 2022 · G. S. Patel; Gauri Godse

The Bombay High Court held that internet-based on-demand streaming services cannot claim statutory license under Section 31D of the Copyright Act, 1957, and offline downloads by users constitute copyright infringement.

intellectual_property appeal_dismissed Significant Copyright Act 1957 Section 31D statutory license internet streaming

Radhe Zulidas Mandal v. The State of Maharashtra

20 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court acquitted the appellant of murder and robbery charges due to incomplete and inconsistent circumstantial evidence failing to exclude reasonable doubt.

criminal appeal_allowed Significant circumstantial evidence last seen together theory benefit of doubt recovery of stolen property

Mrs. Kusum Ramesh Agarwal and Ors. v. State Minister for Co-operation and Ors.

19 Oct 2022 · SANDEEP K. SHINDE

The Bombay High Court held that mandatory consultation with the Federal Society is a precondition for removal of a co-operative society committee member under Section 78A(1)(b), quashing the removal order for lack of such consultation.

administrative appeal_allowed Significant Maharashtra Co-operative Societies Act Section 78A(1)(b) removal of committee member consultation with Federal Society

Mr. Nivedan Bhimrao Torne v. The Municipal Corporation of Greater Mumbai

18 Oct 2022 · Dipankar Datta, CJ; Madhav J. Jamdar, J

The Bombay High Court upheld the suspension of a municipal employee despite delayed charge-sheet issuance, directing timely completion of disciplinary proceedings without granting interim relief against final orders.

administrative petition_dismissed Significant suspension disciplinary proceedings charge-sheet preliminary inquiry

Roshini Kapoor v. Union of India

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court held that an accused granted bail with travel restrictions must seek prior trial court permission for international travel, which may consider and decide on any Look Out Circulars issued against the accused.

criminal petition_dismissed Significant Look Out Circular bail conditions travel abroad interim bail

Guma Tech Marine Services v. State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The High Court upheld the acquittal of a bank employee accused of forgery and criminal breach of trust, holding that mere verification of documents without evidence of collusion or benefit does not attract criminal liability under Sections 408 and 467 IPC.

criminal appeal_dismissed criminal breach of trust forgery Section 408 IPC Section 467 IPC

Hitesh Santosh Vartak v. The State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court dismissed the appellant's bail plea in a rape case under Section 376 IPC and the Atrocities Act, holding that the prosecution made out a prima facie case and the appellant's antecedents justified denial of bail.

criminal appeal_dismissed bail Section 376 IPC Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act sexual assault

Haridas Raosaheb Bedare v. The State of Maharashtra

18 Oct 2022 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court modified the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, acquitted him of dowry harassment charges, and sentenced him to 10 years imprisonment considering the incident occurred in sudden quarrel and heat of passion.

criminal appeal_allowed Significant dying declaration culpable homicide not amounting to murder Exception 4 to Section 300 IPC intoxication