High Court of Bombay

4,240 judgments

Year:

Chenab Bridge Project Undertaking v. Konkan Railway Corporation Ltd

23 Sep 2022 · G.S. Patel; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court partially allowed the appeal, holding that reimbursement claims for entry and toll tax under a specific contract clause prevail over general price variation exclusions, while upholding the arbitral award on structural steel price variation.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Contract interpretation Price variation clause Reimbursement of taxes

Shri Bhagwan Tanaji Sawant v. The Executive Engineer, Irrigation Project, Ratnagiri

23 Sep 2022 · M. S. Karnik

The Bombay High Court held that delay in filing revision applications under the Maharashtra Recognition of Trade Unions Act must be viewed liberally, setting aside dismissal on limitation grounds and directing hearing on merits.

labor appeal_allowed Significant limitation labour court industrial court unfair labour practice

Anwar Hussain J. Thim and M/s. Amit Builders v. State of Maharashtra and Others

23 Sep 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court held that inclusive housing regulations apply prospectively to revised commencement certificates issued after the notification date, and prior commencement certificates protect only the covered area from such regulations.

administrative petition_dismissed Significant Maharashtra Regional and Town Planning Act Development Control Regulations commencement certificate inclusive housing

Sandip Sarjerao Sule & Ors. v. The State of Maharashtra & Ors.

23 Sep 2022 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court quashed the FIR under Section 498A IPC and related offences based on an amicable settlement, emphasizing the need to make Section 498A compoundable to reduce litigation and hardship.

criminal petition_allowed Significant Section 498A IPC quashing of FIR matrimonial dispute compoundable offence

Abhishek Mahendra Umbarje v. State of Maharashtra & Ors.

23 Sep 2022 · S. V. Gangapurwala; R. N. Laddha

The Bombay High Court held that tribe validity certificates granted to blood relatives entitle petitioners to similar certificates, quashing the Scrutiny Committee's invalidation orders and directing issuance of Koli Mahadev Scheduled Tribe certificates.

administrative petition_allowed Significant Scheduled Tribe Certificate Koli Mahadev Validity Certificate Affinity Test

SKIL Himachal Infrastructure & Tourism Ltd & Ors v IL&FS Financial Services Ltd

22 Sep 2022 · G.S. Patel; Gauri Godse

The Bombay High Court held that appeals against orders granting conditional leave to defend in Commercial Summary Suits are barred under the amended Section 13 of the Commercial Courts Act, 2015, and such appeals are not maintainable.

civil appeal_dismissed Significant Commercial Courts Act, 2015 Section 13 conditional leave to defend appeal maintainability

Satishkumar Surendra Shetty v. The District Collector

22 Sep 2022 · K. R. Shriram; A. S. Doctor
Cites 3 · Cited by 0

The Bombay High Court dismissed the writ petition challenging possession recovery under SARFAESI Act, holding no fraud was established and enforcement proceedings were valid and within limitation.

civil petition_dismissed Significant SARFAESI Act Section 14 SARFAESI equitable mortgage deposit of title deeds

Shri Pradip Bapurao Jambhale-Patil v. Smt. Smita Gangaram Zagade

22 Sep 2022 · R.D. Dhanuka; Gauri Godse

The Bombay High Court held that disputes relating to appointment and cancellation of appointment on deputation to Additional Municipal Commissioner posts fall exclusively within the Division Bench's jurisdiction of the Maharashtra Administrative Tribunal, setting aside the Single Member's order for lack of jurisdiction.

administrative appeal_allowed Significant Administrative Tribunals Act, 1985 Section 5(6) Maharashtra Municipal Corporation Act appointment vs posting

Lonza India Private Limited v. Union of India & Ors.

22 Sep 2022 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 5

The High Court restored appeals dismissed solely for non-filing certified copies without opportunity to rectify, emphasizing fairness and directing merits hearing.

administrative appeal_allowed Significant procedural non-compliance certified copies appeal dismissal natural justice

The Principal Commissioner of Customs v. M/s. Signet Chemicals Pvt. Ltd.

21 Sep 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court upheld the CESTAT’s order setting aside customs duty demand raised under extended limitation period due to absence of willful misstatement or suppression by the importer.

customs appeal_dismissed Significant Customs Act, 1962 extended period of limitation willful misstatement suppression of facts

Commissioner of CGST & Central Excise, Mumbai (West) v. M/s. Patel Integrated Logistics, Ltd.

21 Sep 2022 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court dismissed the appeal against CESTAT's order upholding Cenvat credit claimed on Air Way Bills, holding that appeals cannot be entertained on grounds beyond the show cause notice.

tax appeal_dismissed Cenvat Credit Air Way Bill Cenvat Credit Rules, 2004 Service Tax Rules, 1994

Mahavir Raghunathrao Hulungare v. The State of Maharashtra

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

The High Court set aside the murder conviction relying on the principle that confessional statements made to police officers are inadmissible, and without such confession, the prosecution failed to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant confession Section 25 Evidence Act admissibility of confession circumstantial evidence

Mr. R. S. Madireddy v. The Union of India

20 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that writ petitions against Air India Ltd. became non-maintainable post-privatization as it ceased to be 'State' under Article 12, thus ousting writ jurisdiction under Article 226.

constitutional petition_dismissed Significant writ petition maintainability Article 226 jurisdiction privatization effect Air India Ltd.

All India IDBI Officers Association v. Union of India

20 Sep 2022 · Dipankar Datta; M. S. Karnik
Cites 1 · Cited by 0

The Bombay High Court held that IDBI Ltd. is not a "State" under Article 12 of the Constitution and thus not amenable to writ jurisdiction, dismissing petitions challenging pension scheme and retirement age.

constitutional petition_dismissed Significant Article 12 Constitution of India State definition Government company IDBI Ltd.

Rosmerta Technologies Ltd. v. State of Maharashtra

20 Sep 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court upheld the validity of stringent eligibility criteria in a government tender for DL/RC smart cards, emphasizing limited judicial interference unless arbitrariness or mala fide is shown, while directing procedural compliance for insufficient qualified bidders.

administrative petition_dismissed Significant tender conditions eligibility criteria judicial review Article 14

Yogesh Subhash Panchal v. Mohd. Hussain Malik & Ors.

19 Sep 2022 · Anuja Prabhudessai

The Bombay High Court enhanced compensation for a paraplegic motor accident victim, holding the dumper driver negligent and clarifying principles for assessing just compensation under Section 166 of the Motor Vehicles Act.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Section 166 Permanent disability Paraplegia

Imranali Babuali Sayyed v. The State of Maharashtra

19 Sep 2022 · A.S. Gadkari; Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court reduced the appellant's conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part-II IPC, applying Exception 1 to Section 300 IPC for grave and sudden provocation.

criminal appeal_allowed Significant Section 302 IPC Section 304 Part-II IPC Exception 1 to Section 300 IPC grave and sudden provocation

Vitthal Pandurang Kumbhar v. Kolhapur Municipal Corporation

19 Sep 2022 · M. S. Karnik

The Bombay High Court held that a municipal employee’s prior daily wage service need not be on the same post as the permanent post to count half of that service for pension benefits under Regulation 7 of the Pension Regulations.

labor appeal_allowed Significant Pension Regulations daily wager service permanent lien Kolhapur Municipal Corporation

The Indian Express (P) Ltd. & Ors. v. Dinesh Rane & Ors.

19 Sep 2022 · Sandeep V. Marne

The High Court set aside an Industrial Court's interim order restraining employer from terminating or transferring employees without due process, affirming employer's inherent rights absent imminent threat or mala fide.

labor appeal_allowed Significant unfair labour practices interim relief employer rights disciplinary action

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16 Sep 2022 · Nitin Jamdar; N.R. Borkar

The Bombay High Court extended the returnable date and continued ad-interim orders in two criminal writ petitions due to non-issuance of notice.

criminal other Procedural criminal writ petition notice returnable date ad-interim order