High Court of Bombay

5,131 judgments

Year:

The Secretary Maharashtra Public Service Commission v. Mayur Chandrakant Bhave

07 Jun 2022 · A. S. Chandurkar; Jitendra Jain

The High Court upheld the Tribunal's order exempting an orphan category candidate from the typing test under a Government Resolution and rejected allegations of fraud in the application process.

administrative appeal_dismissed Significant Government Resolution 7th July 2022 Orphan category exemption Typing test exemption Recruitment fraud allegation

Shri Jahid Moharam Shaikh v. Bombay Housing and Area Development Board

06 Jun 2022 · Sandeep K. Shinde

The Bombay High Court allowed the appeal and set aside the trial court's decree holding the suit challenging tenancy transfer barred by limitation under Section 173 of the Maharashtra Housing and Area Development Act, 1976.

civil appeal_allowed Significant Section 173 Maharashtra Housing and Area Development Act limitation period transfer of tenancy Maharashtra Housing Board

Quant Broking Pvt Ltd v. Union of India & Ors.

06 Jun 2022 · K.R. Shriram; Prithviraj K. Chavan

The Bombay High Court held that the designated committee under the Sabka Vishwas Scheme must verify the truthfulness of the declarant's claim, including reversal of credit payments, before issuing the final statement, and cannot reject such claims solely because they are subject to pending appeals.

tax appeal_allowed Significant Sabka Vishwas Scheme Legacy Dispute Resolution designated committee verification of declaration

Priya Rishi Bhuta & Anr. v. Vardhaman Engineers and Builders & Ors.

06 Jun 2022 · G.S. Kulkarni

The Bombay High Court held that legal heirs recognized in a partnership deed have the right to invoke arbitration under the deed despite a pending civil suit for estate administration.

civil appeal_allowed Significant arbitration agreement legal heirs partnership deed Section 11 Arbitration Act

Jagannath Khanderao Kedar v. Gopinath Bhimaji Kedar

06 Jun 2022 · Rohit B. Deo

The High Court held that holders of only an Agreement of Sale without conveyance are neither necessary nor proper parties to a partition suit and quashed their impleadment by the trial court.

civil appeal_allowed Significant Agreement of Sale Section 54 Transfer of Property Act Order I Rule 10 CPC Necessary party

Kisanpal Rampal Paswan v. The State of Maharashtra

06 Jun 2022 · Revati Mohite Dere; V. G. Bisht
Cites 3 · Cited by 0

The Bombay High Court acquitted the appellant of murder due to inadmissibility of confession to police and failure of prosecution to establish a complete chain of circumstantial evidence beyond reasonable doubt.

criminal appeal_allowed Significant extra judicial confession Section 25 Evidence Act circumstantial evidence Section 106 Evidence Act

Chitali Bottling Limited v. Brihan Karan Sugar Syndicate

06 Jun 2022 · A.S. Gadkari

The Bombay High Court upheld the trial court's rejection of interim injunction, holding that a valid, determinable written license agreement governs trademark use and unpleaded oral licenses cannot override it.

civil appeal_dismissed Significant License Agreement Trade Marks Oral License Specific Relief Act Section 14

Premchand @ Babu Punjabi v. Commissioner of Police Thane & Ors.

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

The Bombay High Court quashed a preventive detention order due to unexplained delay by jail authorities in forwarding the petitioner's representation, violating constitutional safeguards under Article 22(5).

criminal appeal_allowed Significant preventive detention MPDA Act Article 22(5) representation delay

Ashwini Sayaji Patil and Ors. v. The State of Maharashtra and Ors.

04 Jun 2022 · Milind N. Jadhav; Abhay Ahuja

The High Court set aside orders disqualifying petitioners from cooperative society membership for lack of individual eligibility determination and directed fresh hearings without interfering in the ongoing election process.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 membership eligibility agriculturist definition cooperative society election

Shamrao Piraji Kadam v. Prakash Shivaji Chavan & Ors.

30 May 2022 · Milind N. Jadhav

The Bombay High Court allowed condonation of delay in filing appeal against an ex parte decree obtained by fraudulent service, quashing the order rejecting the delay application.

civil appeal_allowed Significant condonation of delay ex parte decree fraudulent service specific performance

Hasmukh Estates Pvt. Ltd. v. Assistant Commissioner of Income-tax 1(1)

28 May 2022 · K. R. Shriram; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court held that reopening of income tax assessment based on internal audit objections without CAG's objection is impermissible as it amounts to an impermissible change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Change of opinion

Shri Harish Chandra Damodar Gaikwad v. Union of India

24 May 2022 · SANDEEP K. SHINDE
Cites 1 · Cited by 0

The Bombay High Court held that a passenger traveling with a valid season ticket without an identity card is a bonafide passenger and that injuries from an accidental fall constitute an untoward incident entitling compensation under the Railways Act.

civil appeal_allowed Significant Railway Claims Tribunal Act, 1987 bonafide passenger season ticket identity card

State of Maharashtra v. Mayuri & Ors.

24 May 2022 · Sandeep V. Marne

The Bombay High Court held that government departments are not entitled to special treatment in condoning delay and dismissed the application for condonation of delay in filing a civil revision challenging an eviction decree after an inordinate delay.

civil petition_dismissed Significant condonation of delay Limitation Act government departments administrative delay

Nitin Sitaram Waghmare & Ors. v. Balu Kanha Gawade & Ors.

17 May 2022 · Milind N. Jadhav

The High Court held that suits involving the same property but different parties and reliefs cannot be clubbed for common evidence, and upheld the trial court's rejection of such clubbing.

civil petition_dismissed clubbing of suits common evidence Section 24 CPC injunction

Shankar M. Gowekar v. Divisional Transport Officers Maharashtra State Road Transport Corporation

13 May 2022 · Milind N. Jadhav

The Bombay High Court upheld the Labour Court's finding of an unfair domestic enquiry and quashed the dismissal of a driver, ordering reinstatement without back wages.

labor appeal_allowed Significant domestic enquiry principles of natural justice unfair labour practice perverse findings

Vilas Eknath Nandgude v. State of Maharashtra

13 May 2022 · Sandeep V. Marne

The Bombay High Court dismissed the petition seeking refund of stamp duty paid on unexecuted sale deeds, holding that the statutory six-month limitation under the Maharashtra Stamp Act applies strictly and the High Court cannot grant relief beyond statutory provisions.

civil petition_dismissed Significant stamp duty refund Maharashtra Stamp Act 1958 Section 47 Section 48

Anirudh Prataprai Nansi v. The Union of India

11 May 2022 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

The Bombay High Court held that a retired government employee undergoing a heart transplant at a private hospital due to non-availability of empanelled facilities is entitled to full medical reimbursement beyond CGHS rates, affirming the constitutional right to health under Article 21.

constitutional petition_allowed Significant heart transplant medical reimbursement Central Government Health Scheme fundamental right to life

Omkar Mahadeo Supekar v. Municipal Corporation of Greater Mumbai

06 May 2022 · Dipankar Datta, CJ; V. G. Bisht, J.

The Bombay High Court held that MCGM's construction of a cycling and jogging track inside Powai Lake violates Development Control Regulations and is illegal, ordering removal of all construction and restoration of the lake.

environmental petition_allowed Significant Powai Lake wetland reclamation construction

Adani Electricity Mumbai Ltd. v. The Chief Conciliator and Ors.

06 May 2022 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that the Maharashtra Industrial Relations Act, 1946 applies to a company engaged in both generation and supply of electricity in Mumbai, dismissing the writ petition challenging the Industrial Court's jurisdiction.

labor appeal_dismissed Significant Maharashtra Industrial Relations Act, 1946 Industrial Court jurisdiction generation and supply of electricity government notifications

Sea Sagar Construction Co. v. Mr. V.A. Nair & Ors.

06 May 2022 · K.R. Shriram; N.R. Borkar
Cites 1 · Cited by 0

The Bombay High Court held that reassessment notices issued beyond the six-year limitation without a binding appellate finding or direction are invalid, upholding the completed contract method of accounting and quashing the reopening of assessments.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reassessment limitation Section 149 limitation