High Court of Bombay

4,043 judgments

Year:

Chetan Suryakant Katkar & Ors. v. Union of India & Ors.

06 Apr 2021 · S.V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 0 · Cited by 3

The Bombay High Court held that mere selection in a recruitment process does not confer a right to appointment and upheld the bank's policy decision to outsource housekeeping services and abolish Part Time Sub-Staff posts.

labor petition_dismissed Significant Part Time Sub-Staff Memorandum of Settlement Recruitment process Selection list

Rajiv Saxena v. Commissioner Income Tax (IT)-4

01 Apr 2021 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court upheld the transfer of the petitioner’s income tax assessment case from Mumbai to Delhi under Section 127 of the Income Tax Act, holding that the petitioner was given reasonable opportunity to be heard and no breach of natural justice occurred.

tax petition_dismissed Significant Section 127 Income Tax Act transfer of assessment case principles of natural justice reasonable opportunity of hearing

Sterlite Technologies Limited v. The Deputy Commissioner of Income Tax

27 Mar 2021 · K.R. Shriram; Firdosh P. Pooniwalla
Cites 2 · Cited by 0

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for AY 2016-17, holding that a mere change of opinion without new tangible material does not justify reassessment.

tax petition_allowed Significant reopening of assessment Section 147 Income Tax Act Section 148 Income Tax Act change of opinion

Noor Mohammed Abdul Rehman Mulla v. BCJ Hospital an Asha Parekh Research Center

26 Mar 2021 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Industrial Court's finding that the petitioner was engaged as a consultant, not an employee, and thus not entitled to gratuity under the Payment of Gratuity Act, 1972.

labor petition_dismissed Significant Payment of Gratuity Act, 1972 employee definition wages definition consultant vs employee

Bank of India v. Assistant Commissioner of Income-tax

26 Mar 2021 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

The Bombay High Court held that broken period interest on HTM securities is deductible and quashed illegal reassessment notices issued contrary to binding jurisdictional High Court precedent mandating faceless reassessment proceedings.

tax petition_allowed Significant broken period interest hold to maturity securities deduction reassessment

The State of Maharashtra v. Anil Bhagwan Baviskar & Nana Baburao Sonawane

25 Mar 2021 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court upheld the Tribunal's order directing absorption of forest labourers under a 2012 Government Resolution, rejecting the State's belated forgery allegations and review application for lack of due diligence and concrete evidence.

administrative petition_dismissed Significant absorption in service Government Resolution 2012 forest labourers review application

The Trustees of the Port of Bombay v. Sayed Abdul Hamid Mohammed Shah

25 Mar 2021 · N.J. Jamadar

The Bombay High Court held that the suit building remains under custodia legis with the Court Receiver, directed restoration of possession from a trespasser, and allowed the trespasser two months to establish possessory title through appropriate proceedings.

civil appeal_allowed Significant Court Receiver custodia legis possession execution proceedings

Madhuri Sameer Gokhale v. The Addl. Joint/Deputy/Asst. Commissioner of Income Tax

23 Mar 2021 · G. S. Kulkarni; Advait M. Sethna
Cites 1 · Cited by 1

The Bombay High Court quashed the faceless best judgment assessment order and demand notice for AY 2014-15 due to jurisdictional defects and breach of natural justice under Section 144B of the Income Tax Act.

tax petition_allowed Significant Income Tax Act 1961 Section 147 Section 144B Faceless Assessment

Tata Motors Passenger Vehicles Ltd. & Anr. v. Ghosh Brothers Automobiles & Ors.

18 Mar 2021 · Sandeep V. Marne

The Bombay High Court held that termination of an arbitrator's mandate does not end arbitral proceedings, appointed a substitute arbitrator under Section 11 of the Arbitration Act, and condoned delay in filing the application under the Limitation Act.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 appointment of arbitrator Section 14 termination of arbitrator mandate Section 15 substitution of arbitrator

Yogesh Dilip Devre v. State of Maharashtra

17 Mar 2021 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court held that the Maharashtra Administrative Tribunal has jurisdiction to decide cancellation of residential quarter allotment and quashed the State Government's cancellation order, allowing the petitioner to retain the quarter subject to payment of rent and charges.

administrative appeal_allowed Significant compassionate appointment residential quarter allotment Maharashtra Administrative Tribunal jurisdiction eviction proceedings

Vilas Prabhakar Lad v. Unique Identification Authority of India & Ors.

17 Mar 2021 · M. S. Sonak; Jitendra Jain

The Bombay High Court held statutory authorities and banks liable for negligence in failing to prevent and investigate identity fraud involving Aadhaar and PAN misuse, directing immediate remedial and criminal action.

administrative petition_allowed Significant identity theft Aadhaar authentication PAN card fraud bank account opening

Capri Global Capital Limited v. M/s Divya Enterprise and Others

16 Mar 2021 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that suits for enforcement of mortgage and redemption involve non-arbitrable rights in rem and refused to refer such disputes to arbitration under Section 8 of the Arbitration Act.

civil appeal_dismissed Significant arbitration agreement Section 8 Arbitration Act enforcement of mortgage arbitrability

Mr. Naresh T. Jain v. The Union of India

08 Mar 2021 · M.S. Sonak; Advait M. Sethna
Cites 2 · Cited by 0

The Bombay High Court held that the 180-day limit for provisional attachment orders under the PMLA is mandatory and not extended by Supreme Court COVID-19 limitation orders, declaring the impugned attachment order lapsed after 180 days but allowing adjudication proceedings to continue.

criminal petition_allowed Significant Prevention of Money Laundering Act Provisional Attachment Order Section 5 PMLA 180-day limitation

Sahadeo Namdeo Mahadik v. Parvatibai Mahadeo Mahadik

22 Feb 2021 · Amit Borkar
Cites 0 · Cited by 1

The court held that testamentary transfer of tenancy land within ten years of acquisition under Section 32-G of the MTAL Act is invalid, and succession follows statutory heirs under the Hindu Succession Act, entitling petitioners as legal representatives to the tenancy rights.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 43 MTAL Act Hindu Succession Act, 1956 testamentary transfer

Chandrakant C. Mishra v. The Union of India

15 Feb 2021 · Nitin Jamdar; Manjusha Deshpande
Cites 0 · Cited by 2

The court held that restoration of physically handicapped status and allowance does not entitle retrospective promotion without fulfilling eligibility criteria such as typing test exemption, and dismissed the petition for promotion from 2010.

administrative appeal_dismissed Significant physically handicapped promotion eligibility typing test exemption retrospective promotion

Sharanappa Chandramappa Hegde v. The State of Maharashtra

10 Feb 2021 · Sunil B. Shukre; Sandeep V. Marne

The Bombay High Court held that a librarian appointed before 23 October 1992 is entitled to UGC pay scale upon acquiring requisite qualifications, invalidated his forced retirement at 58 years, and ordered reinstatement with full benefits until age 60.

administrative appeal_allowed Significant UGC pay scale Librarian qualification NET/SET exemption Government Resolution

Sumedha Sushil Sawal v. State of Maharashtra

06 Feb 2021 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 2

The Bombay High Court quashed the refusal of approval to a teacher's appointment made after the Education Department failed to respond timely to the management's request, affirming that managements may proceed with recruitment following due procedure in such circumstances.

administrative appeal_allowed Significant appointment approval education department school management reservation backlog

Jan Mukti Morcha v. State of Maharashtra & Ors.

29 Jan 2021 · Alok Aradhe, CJ; Sandeep V. Marne, J.
Cites 2 · Cited by 0

The Bombay High Court upheld the State Government's policy decision to establish the Balasaheb Thackeray Memorial at the Mayor's Bungalow site, dismissing challenges to procedural and legislative actions as lawful and non-arbitrary.

administrative petition_dismissed Significant public interest litigation Balasaheb Thackeray Rashtriya Smarak Mayor's Bungalow Mumbai Municipal Corporation Act, 1888

Vishwa Chandubhai Patel v. Union of India

14 Jan 2021 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court upheld the entitlement of migrant Dodhia Scheduled Tribe candidates to ST reservation benefits in Dadra and Nagar Haveli, quashed their certificate cancellations, and directed admission and degree issuance accordingly.

constitutional appeal_allowed Significant Scheduled Tribe reservation migrant domicile cancellation of caste certificate natural justice

A. A. Global Pvt. Ltd. v. Indian Chemical Pvt. Ltd.

11 Jan 2021 · K. M. Gossaf · 2023 INSC 423

The Supreme Court upheld the exclusive jurisdiction of stamp adjudicating authorities under the Madras Stamp Act and ruled that stamp duty disputes are non-arbitrable under the Arbitration Act, affirming penalties for insufficiently stamped documents.

civil appeal_dismissed Significant Madras Stamp Act, 1899 Stamp duty adjudication Section 11(6A) Arbitration Act Non-arbitrability