High Court of Bombay
4,154 judgments
M/s. Sai Pushp Enterprises & Ors. v. Thane Municipal Corporation & Ors.
The Bombay High Court held that the demand for 2% of project cost as a conservation deposit beyond the notified Eco Sensitive Zone lacks statutory authority and quashed the demand, directing issuance of completion certificates without the deposit.
J. N. Meena v. Union of India
The Bombay High Court held that the appellate authority's revisional order under Rule 29(1)(v) CCS(CCA) Rules was illegal for failure to comply with the mandatory six-month time limit and procedural safeguards, quashing the order and setting aside the Tribunal's dismissal.
Girish Uttamrao Kohok v. Ratan Hiraji Deore
The Bombay High Court allowed the second appeal and granted specific performance of a sale agreement despite initial refusal on technical grounds, holding that non-sanction of final layout is not a bar and credible oral evidence suffices to prove payment and readiness to perform.
Faiz Ahmed Mohammed Ali Khot v. The State of Maharashtra
The Bombay High Court held that a suspended private school employee is entitled to subsistence allowance under the Maharashtra Employees of Private Schools Rules, and directed payment of arrears with interest due to management's failure to conduct enquiry or pay allowance.
M/s. Zeal Real Estate Limited v. Union of India
The Bombay High Court quashed the compulsory acquisition order under Section 269UD of the Income Tax Act for failure to determine fair market value and absence of a finding of tax evasion intent, holding that such acquisition requires strict compliance with statutory and natural justice principles.
Nurul Shamsul Haq Shah v. The State of Maharashtra
The Bombay High Court acquitted appellants of murder charges due to unreliable dying declaration, inconsistent eyewitnesses, and inconclusive forensic evidence, emphasizing strict scrutiny of dying declarations under Section 32 Evidence Act.
Indiabulls Housing Finance Ltd. v. State of Maharashtra
The Bombay High Court quashed an FIR and investigation against Indiabulls Housing Finance Ltd. on finding the complaint malafide, lacking affidavit support, and an abuse of process of law, emphasizing the necessity of judicial mind and affidavit under Section 156(3) Cr.P.C.
Maruti Navnath Sonawane v. The State of Maharashtra
The Bombay High Court allowed the appellant's criminal appeal and discharged him from charges under the MCOC Act due to lack of prima facie evidence and failure to meet statutory conditions for invoking the Act.
Joseph Anthony v. Rukmini Krishna Turbhekar
The Bombay High Court set aside eviction decrees for arrears of rent, holding that timely filing of an application for deposit within 90 days and deposit on the next working day after a holiday satisfies statutory requirements under the Maharashtra Rent Control Act.
Sicily Varghese Kadamthottu v. Ramanlal Jayshankar Trivedi
The Bombay High Court allowed the appeal, holding that a plaint cannot be rejected under Order 7 Rule 11(d) after framing issues and that unregistered agreements under MOFA are admissible evidence for enforcement of contractual rights.
Jayesh Tanna v. Radha Arakkal & Ors.
The Bombay High Court upheld that a registered agreement for sale cannot be orally modified and the promoter must refund the amount with interest for failure to deliver possession by the agreed date under Section 18 of RERA.
Ved Prakash Ahuja v. Roma Prakash Ahuja
The High Court allowed the writ petition directing the Trial Court to summon the Income Tax Department to provide the mandatory Section 65-B certificate for electronic Income Tax records, holding that failure to do so was a non-application of mind.
The Maharashtra State Co-operative Marketing Federation Ltd. v. Bhagyashree Pravin Kulkarni
The Bombay High Court set aside the Industrial Court's additional interim order directing payment of wages and increments to a daily wage employee, holding that such relief cannot be granted during pendency of the complaint when an earlier status quo order is in force.
Teerth Developers and Teerth Realties JV (AOP) v. The Additional/Joint/Deputy/ Assistant Commissioner of Income Tax
The Bombay High Court quashed an income tax assessment order passed without issuing the mandatory show cause notice-cum-draft assessment order under Section 144B, holding such non-compliance violates natural justice and renders the order illegal.
Chetan D. Shelke and Ors. v. Savannah Vasant Lawns Tower No 1 & Ors.
The Court held that sanctioned amendments to building plans do not require flat purchasers' consent under MOFA, set aside the injunction against the Developer and Municipal Corporation, and emphasized proper application of interim relief principles and statutory compliance.
Quantum Park Cooperative Housing Society Limited v. AHCL-PEL & Ors.
The Bombay High Court held that the Competent Authority must grant unilateral deemed conveyance based on official subdivision records despite pending civil suits on construction disputes, quashing the order rejecting the petitioner's application under Section 11 of MOFA.