High Court of Bombay
5,061 judgments
The Chief Administrative Officer, Maharashtra Jeevan Pradhikaran v. Shri Satish Gajanan Pradhan
The Bombay High Court upheld the jurisdiction of the Permanent Lok Adalat to adjudicate a pension-related dispute as a public utility service matter under the Legal Services Authorities Act, dismissing the petitioner’s challenge.
Sole Proprietor of M/s Vikrant Developers v. Rashida Sadiqbhai Kalyanwalla
The Bombay High Court appointed an arbitrator under Section 11 of the Arbitration Act, held that arbitration commences on invocation notice, and referred disputes including impleading a subsequent transferee to arbitration.
The Pr. Commissioner of Income Tax-14, Mumbai v. Shivshahi Punarvasan Prakalp Ltd
The High Court held that prior to Explanation 2 to Section 263, mere inadequacy of inquiry by the Assessing Officer does not justify revision of assessment order, and upheld the Tribunal's decision dismissing the revenue's appeal against the allowance of deductions claimed by the assessee.
Firdous Mohammad Yunus Patel v. The State of Maharashtra
The Bombay High Court held that disqualification for compassionate employment under Clause (E) applies only to children from the applicant's marriage with the deceased employee, allowing the petitioner to seek compassionate appointment despite the employee's children from a prior marriage.
Arabian Jacking Enterprises For Contracting & Trading Company v. Municipal Corporation of Greater Bombay
The Bombay High Court upheld the arbitral award in favor of AJECT, ruling that the arbitrators correctly interpreted the price variation clause including both INR and foreign currency components, and that the award did not violate public policy or fundamental Indian law.
Smita Pansare & Ors. v. State of Maharashtra & Ors.
The Bombay High Court transferred the investigation of Comrade Govind Pansare's murder from the SIT to the Maharashtra ATS due to lack of progress, directing cooperation to ensure effective investigation without disrupting the ongoing trial.
Karmayogi Shankarraoji Patil & Ors. v. Ruia & Ruia Pvt. Ltd. & Ors.
The Bombay High Court allowed the petitioners' appeal and directed closure of proceedings under Section 138 of the Negotiable Instruments Act upon payment of interest and costs, holding that payment of cheque amount with interest justifies discharge even after issuance of process.
Phoenix ARC Private Limited v. The State of Maharashtra
The Bombay High Court held that the Designated Authority under Section 14 of the SARFAESI Act has only ministerial jurisdiction to assist secured creditors in taking possession and cannot adjudicate disputes or entertain third party objections, setting aside an order that delayed possession pending tenancy disputes.
Anil Ramesh Kolhe v. State of Maharashtra & Ors.
The Bombay High Court upheld the conviction of a man for raping a mentally retarded woman but reduced his sentence from life imprisonment to 10 years rigorous imprisonment, emphasizing the victim's incapacity to consent and the need for proportional sentencing.
Santosh Prakash Gurav v. State of Maharashtra
The Bombay High Court acquitted three appellants in a robbery case due to doubtful identification, unreliable recovery, and uncorroborated retracted confessions, emphasizing the need for corroboration in criminal convictions.
Waman Ganpatrao Kadam v. The State of Maharashtra
The Bombay High Court held that undisputed project-affected persons must be allotted rehabilitation land without undue delay, setting aside cancellation orders made without natural justice and directing the State to allot alternate lands within six months.
Go Digit General Insurance Co. Ltd. v. Smt. Reshma Shankar Pawar
The Bombay High Court upheld the Tribunal's finding of sole negligence of a stationary truck driver causing a fatal accident and affirmed the compensation awarded based on notional income.
M/s. Lashkaria Housing & Infrastructure Pvt. Ltd. v. Slum Rehabilitation Authority
The Bombay High Court upheld the termination of a developer's appointment under Section 13(2) of the Maharashtra Slum Act for deliberate delay in implementing a slum rehabilitation scheme, rejecting the petitioner's locus and substantive challenges.
Pr. Commissioner of Income Tax-28 v. Crescent Construction Co.
The Bombay High Court dismissed the revenue's appeal holding that the retrospective amendment to section 40(a)(ia) of the Income Tax Act, 1961 protects the assessee from disallowance if TDS is deposited before the return filing due date.
Manohar Sahadev Parab v. The State of Maharashtra
The Bombay High Court upheld the conviction of a Talathi for demanding and accepting bribe, relying on credible independent panch witness testimony and recovery of marked currency notes despite the complainant's death before trial.
Insight Diagnostic Oncological & Research Institute Private Limited v. Union of India
The Bombay High Court held that interest under Section 28AB of the Customs Act cannot be demanded retrospectively for imports made before its enactment and quashed the demand for interest on delayed customs duty payment.
Manu Babu Patel v. Prakash Mohanlal Desai & Ors.
The Bombay High Court allowed the appeal restoring the suit, holding that statutory bar under Section 12F of Regulation 1962 does not apply where fundamental judicial procedures were violated and rejecting the plaint under Order VII Rule 11 CPC was improper.
Prakash Bharat Aware and Vaibhav @ Bhau Ankush Jadhav v. The State of Maharashtra
The Bombay High Court upheld the conviction and life sentences of three appellants for gang rape under Section 376D IPC and SCST Act, affirming the prosecutrix's credible testimony despite defence allegations of false implication.
Uttam Energy Ltd. v. M/s. Shivratna Udyog Ltd.
The Bombay High Court held that it has exclusive jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint arbitrators, and this jurisdiction is not ousted by the Commercial Courts Act, 2015.
Union of India v. National Commission for Scheduled Castes
The Bombay High Court held that the National Commission for Scheduled Castes lacks jurisdiction to interfere with employer disciplinary actions of compulsory retirement that have attained finality, quashing the Commission's order recommending reinvestigation.