High Court of Bombay

5,131 judgments

Year:

Shri Dattatray Krishnaji Pawar v. Union of India & Ors.

27 Jun 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that a transfer order is not punitive unless it affects pay or status, transfers on grounds of misbehaviour do not require prior inquiry, and disciplinary proceedings must be conducted independently of Tribunal observations.

administrative appeal_dismissed Significant transfer order punitive transfer disciplinary proceedings Fundamental Rules 15

Mohammad Raisuddin v. The National Investigating Agency

27 Jun 2022 · Revati Mohite Dere; V. G. Bisht

The Bombay High Court granted bail to the appellant accused under UAPA, emphasizing the constitutional right to speedy trial and insufficient prima facie evidence despite statutory bail restrictions.

criminal appeal_allowed Significant bail UAPA Section 43-D(5) speedy trial

The Board of Control for Cricket in India v. Regional Director Employees State Insurance Corporation

24 Jun 2022 · Bharati Dangre, J.

The Bombay High Court upheld that BCCI is covered as a 'shop' under the Employees State Insurance Act due to its systematic commercial activities, making it liable to pay ESI contributions.

labor appeal_dismissed Significant Employees State Insurance Act, 1948 shop definition systematic commercial activity BCCI

Sandesh Sonu Gawalkar v. Municipal Corporation of Greater Mumbai

24 Jun 2022 · Sandeep V. Marne

The Bombay High Court upheld the validity of a demolition notice under Section 354A of the Mumbai Municipal Corporation Act for ongoing unauthorized construction and dismissed the appellant's plea for interim injunction.

property appeal_dismissed Significant Section 354A Mumbai Municipal Corporation Act unauthorized construction tenantable repairs interim injunction

Sanjay Janardan Dukre v. State of Maharashtra

23 Jun 2022 · Revati Mohite Dere; V. G. Bisht

The court held that acquittal due to invalid sanction is null and void, allowing fresh prosecution after valid sanction without violating double jeopardy protections.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 sanction for prosecution double jeopardy Section 300 Cr.P.C.

Abasaheb Anandrao Tambe v. Kunal Arun Bendbhar

23 Jun 2022 · N.J. Jamadar
Cites 2 · Cited by 0

The High Court restored the disqualification of a Village Panchayat member for encroachment by his father on government land, emphasizing purposive interpretation of disqualification provisions to prevent conflict of interest.

administrative petition_allowed Significant disqualification encroachment Maharashtra Village Panchayats Act, 1959 Section 14(1)(j-3)

Morena Foods Private Limited v. Sharda Jangannath Jambhulkar and Ors.

22 Jun 2022 · Sandeep V. Marne

The Bombay High Court held that prior permission of the State Government under the Proviso to Section 257(1) of the Maharashtra Land Revenue Code is mandatory before initiating proceedings after five years, and post-facto permission granted during revision is invalid.

property appeal_allowed Significant Maharashtra Land Revenue Code 1966 Section 257(1) prior permission mutation entry

M/s. Dipak Metal Industries v. Deputy Commissioner of State Tax, Vasai

22 Jun 2022 · M.S. Sonak; Advait M. Sethna

The Bombay High Court set aside a revisional GST cancellation order for failure to serve notice at the correct address, emphasizing the mandatory observance of natural justice in tax proceedings.

administrative appeal_allowed Significant natural justice service of notice GST registration cancellation Section 108 CGST Act

Rahul Sambhaji Gaware; Ramesh Ramchandra Palande; Sudhir Balasaheb Pharate v. State of Maharashtra; District Co-operative Election Officer and Regional Joint Director (Sugar), Pune Division; Raosahebdada Pawar Ghodganga Sahakari Sakhar Karkhana Ltd.; Zill

21 Jun 2022 · R.D. Dhanuka; M.G. Sewlikar

The Bombay High Court upheld the final voters list for cooperative society elections, ruling that inclusion of deceased members does not vitiate the election process where statutory safeguards and procedures are followed.

administrative petition_dismissed Significant Cooperative Societies Election Voters List Finalization Deceased Members Impersonation

Satish Chimanlal Shah v. Bhaskar Bapulal Shah

20 Jun 2022 · G.S. Kulkarni

The Bombay High Court appointed an arbitrator and converted Section 9 petitions into Section 17 proceedings for partnership disputes, allowing impleadment of legal heirs and restraining respondents from dealing with partnership assets pending arbitration.

civil appeal_allowed Arbitration and Conciliation Act, 1996 Section 9 petition Section 17 application Partnership dispute

Pranav Sharad Adurkar v. Jagdish Bhagwandas Ahuja & Ors.

17 Jun 2022 · G.S. Kulkarni

The Bombay High Court adjourned multiple insolvency petitions and directed judgment debtors to appear in court, warning of orders to secure their presence if they fail to appear.

civil other insolvency petition judgment creditor judgment debtor presence in court

Mohammad Nawab Mohammad Islam Malik v. The Directorate of Enforcement

17 Jun 2022 · N.J. Jamadar

The Bombay High Court held that persons confined in prison are absolutely prohibited from voting under Section 62(5) of the Representation of the People Act, 1951, and the Court cannot override this statutory bar by granting bail or permitting escorted voting.

criminal petition_dismissed Significant Section 62(5) Representation of the People Act, 1951 Right to vote Persons in custody Judicial discretion

Ram Raju @ Jatalya Umap v. The Commissioner of Police Pune and Others

17 Jun 2022 · Revati Mohite Dere; V. G. Bisht

The Bombay High Court quashed the preventive detention of a petitioner under the M.P.D.A. Act, holding that mere breach of law and order without affecting public order does not justify detention.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order law and order

Shamrao Rambhau Konde v. State of Maharashtra

16 Jun 2022 · Abhay Ahuja

The Bombay High Court dismissed the writ petition challenging tenancy rights and mutation entries after 55 years, holding that inordinate delay without proof of fraud bars reopening settled tenancy proceedings under the Maharashtra Tenancy and Agricultural Lands Act.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Tiller's day Tenancy rights Mutation entry

Kishore D. Raorane v. The High Court of Judicature at Bombay

15 Jun 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court held that securing higher marks in departmental examinations alone does not confer seniority or priority in promotion, affirming the application of the merit-cum-seniority principle and dismissing the petitioner’s challenge to promotions and seniority lists.

administrative petition_dismissed Significant merit-cum-seniority departmental examination promotion seniority list

HAL Offshore Ltd. v. The State of Maharashtra

15 Jun 2022 · R. D. Dhanuka; S. M. Modak

The Bombay High Court dismissed the writ petition challenging VAT assessment on works contract executed offshore, holding that the petitioner must first exhaust the statutory appeal remedy under the MVAT Act before invoking writ jurisdiction.

tax petition_dismissed MVAT Act 2002 Article 226 Constitution of India Article 286 Constitution of India works contract

Sachin Parshuram Mane v. Commissioner of Police Pune City & Ors.

15 Jun 2022 · S.S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a detention order under the M.P.D.A. Act due to unexplained delay and non-compliance with statutory requirements, emphasizing the need for promptness and reliable evidence in preventive detention cases.

criminal petition_allowed Significant preventive detention delay in detention order M.P.D.A. Act Section 3(3) M.P.D.A. Act

Monika Narendra Sharma v. Mukeshkumar Ramnath Bhagal

15 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan
Cites 1 · Cited by 0

The Bombay High Court dismissed the appeal against the Family Court's order rejecting annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act, 1955 on grounds of force and fraud as barred by limitation and lacking credible evidence.

family appeal_dismissed Significant Hindu Marriage Act, 1955 Section 12(1)(c) annulment of marriage force and fraud

Shivkumar Madeshwaran Devendra v. The State of Maharashtra

15 Jun 2022 · S. S. Shinde; Milind N. Jadhav

The Bombay High Court quashed a preventive detention order due to unexplained delay, reliance on stale cases, and questionable witness statements, emphasizing the need for relevant and credible grounds for detention under the M.P.D.A. Act.

criminal petition_allowed Significant preventive detention M.P.D.A. Act public order delay in detention order

Ramchandra Thangappan Aachari v. The State of Maharashtra

15 Jun 2022 · A. S. Gadkari

The Bombay High Court upheld the conviction under the POCSO Act, holding that reliable medical and victim evidence established the victim's minority, rendering the appellant's marriage claim irrelevant.

criminal appeal_dismissed Significant POCSO Act age determination minor sexual offence