High Court of Bombay

3,981 judgments

Year:

Sandoz Private Limited v. Mahadeo Gajanand Narale

11 Sep 2019 · Sandeep V. Marne

The Bombay High Court held that a domestic enquiry conducted with proper notice at the employee's known address complies with natural justice, and failure to participate or update address disentitles the employee from challenging the enquiry's legality.

labor appeal_allowed Significant domestic enquiry principles of natural justice unauthorized absence change of address

Sayla Realtors v. Saurashtra CHS Ltd

30 Aug 2019 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court dismissed a review petition challenging the appointment of an arbitrator under Section 11(6) of the Arbitration Act, holding that such orders are not reviewable and that the contested amendment provision is not yet in force.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 11(6) Section 11(3-A) 2019 Amendment Act

Harinagar Sugar Mills Ltd. v. State of Maharashtra

28 Aug 2019 · S.V. Gangapurwala; Sandeep V. Marne

The Bombay High Court held that incomplete closure applications communicated as deficient within 60 days do not trigger deemed permission under Section 25-O(3) of the Industrial Disputes Act, dismissing petitions seeking deemed closure.

labor petition_dismissed Significant Industrial Disputes Act, 1947 Section 25-O closure of establishment deemed permission

The Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate v. Larsen & Toubro Limited

28 Aug 2019 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court upheld the retrospective applicability of amendments to Rule 6 of the CENVAT Credit Rules, allowing proportionate reversal of credit for inputs used in exempted goods, and dismissed the revenue's appeal against the respondent.

tax appeal_dismissed Significant CENVAT Credit Rules, 2004 Rule 6 Finance Act, 2010 retrospective amendment

Kuber Health Food And Allied Services Pvt. Ltd v. Union of India

27 Aug 2019 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that admission of service tax liability during investigation before 30 June 2019 qualifies as quantification under the SVLDR Scheme, entitling the petitioner to its benefits despite a later show cause notice.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 service tax liability quantification of demand eligibility under SVLDR Scheme

Vikas Kamlakar Walawalkar v. The Deputy Salt Commissioner & Ors.

22 Aug 2019 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld termination of salt land leases due to breach of manufacturing obligations and denied renewal rights under the 1994 Supplementary Lease-Deed, affirming government policy restricting lease renewals.

property appeal_dismissed Significant lease termination salt lands lease renewal Supplementary Lease-Deed 1994

Pawan Hans Limited v. Aviation Karmachari Sanghatana

22 Aug 2019 · Sandeep V. Marne

The Bombay High Court upheld the Recovery Certificate issued under Section 33-C(1) of the Industrial Disputes Act directing wage revision parity for contractual employees, affirming the learned Authority's jurisdiction and reliance on the Supreme Court's precedent.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 33-C(1) Recovery Certificate contractual employees

Pune Mahanagar Parivahan Mahamandal Karmachari Mahasangh v. Pune Mahanagar Parivahan Mahamandal Ltd.

14 Aug 2019 · Sandeep V. Marne

Recognition of a trade union ceases when the original undertaking dissolves and a new corporate entity is formed, allowing a new union to seek recognition under Section 11 of the MRTU and PULP Act.

labor appeal_allowed Significant Recognition of trade union MRTU and PULP Act Undertaking definition Merger of undertakings

Shripal Gangappa Chougule & Laxman Raghunath Choudhari v. The State of Maharashtra & Ors.

07 Aug 2019 · Nitin W. Sambre; R. N. Laddha

The Bombay High Court quashed prosecution against one petitioner for lack of evidence of abetment to suicide while allowing trial against the other petitioner despite his valid money lending license.

criminal appeal_allowed Significant abetment to suicide money lending license Maharashtra Prevention of Money Lending Act, 2014 Section 306 IPC

Anmol Dresses v. Rajaram Anant Chipade & Ors.

07 Aug 2019 · Sandeep V. Marne

The High Court upheld eviction of tenant on landlord's bonafide requirement, holding that evidence by a constituted attorney who is a close family member with personal knowledge is admissible to prove such requirement.

civil appeal_dismissed Significant bonafide requirement eviction suit constituted attorney personal knowledge

Shree Brahmanath Devasthan v. The Joint Charity Commissioner

05 Aug 2019 · Amit Borkar

The High Court set aside the Charity Commissioner's rejection of permission to sell trust property, directing fresh adjudication based on transparent valuation and necessity aligned with trust objects under Section 36 of the Maharashtra Public Trusts Act, 1950.

administrative appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 36 Charity Commissioner alienation of trust property

R and B Infra Project Limited v. Mira Bhaindar Municipal Corporation

02 Aug 2019 · Devendra Kumar Upadhyaya; Amit Borkar

The Bombay High Court upheld the tender award to respondent No.4, ruling that minor procedural lapses in document submission did not vitiate the process or respondent's eligibility, emphasizing limited judicial interference in tender matters absent arbitrariness or mala fides.

administrative petition_dismissed Significant tender process eligibility criteria technical bid Chartered Accountant certificate

The National High Speed Rail Corporation Ltd. v. State of Maharashtra & Ors.

01 Aug 2019 · Dipankar Datta, CJ; Abhay Ahuja, J.

The Bombay High Court allowed the petitioner’s writ seeking permission to cut mangroves for the Mumbai-Ahmedabad bullet train project, balancing environmental protection under the public trust doctrine with the project’s national importance and compliance with environmental safeguards.

environmental appeal_allowed Significant Mangroves Coastal Regulation Zone Public Trust Doctrine Forest Conservation Act

Bipin Vasant Shinde & Ors. v. Pune Municipal Corporation & Ors.

01 Aug 2019 · R. I. Chagla; Advait M. Sethna · 1997 SCC OnLine SC 181
Cites 1 · Cited by 0

The High Court held that promotion to Superintending Engineer must be based on the final seniority list of the feeder cadre as per 2014 Service Rules and quashed the non-speaking impugned order denying petitioners’ promotion.

labor appeal_allowed Significant promotion seniority seniority-cum-merit service rules

Mr. R. B. Krishnani v. M/s. STEM Water Distribution and Infrastructure Com. Pvt. Ltd.

22 Jul 2019 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that parties can waive an arbitrator's ineligibility under Section 12(5) of the Arbitration Act by express written agreement, and upheld an arbitral award where the sole arbitrator was the Managing Director of a party appointed by consent.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 12(5) express waiver party autonomy

Suresh Ramchandra Sancheti v. The State of Maharashtra

06 Jul 2019 · SOMASEKHAR SUNDARESAN
Cites 1 · Cited by 6

The Bombay High Court allowed refund of stamp duty paid on an unexecuted document, holding that the writ jurisdiction can relax procedural limitation to prevent unjust enrichment and ensure equity.

civil petition_allowed Significant stamp duty refund unexecuted document Maharashtra Stamp Act, 1958 Section 47(b)

Manjit Singh Virdi & Ors v Municipal Corporation of Greater Mumbai & Ors

01 Jul 2019 · M. S. Sonak; Kamal Khata
Cites 0 · Cited by 3

The court held that the petitioners' leasehold rights are limited to the original plot area and dismissed their writ petition seeking possession and eviction over the enlarged final plot under the Town Planning Scheme.

property petition_dismissed Significant Town Planning Scheme Leasehold rights Plot reconstitution Maharashtra Regional and Town Planning Act, 1966

Vishwas Krishnarao Gangurde v. Bank of India

12 Jun 2019 · SANDEEP V. MARNE
Cites 0 · Cited by 2

The Bombay High Court upheld eviction of a petitioner in unauthorized occupation of public premises under the PP Act, overruling rent control protections and dismissing the writ petition under Article 227.

property petition_dismissed Significant Public Premises Eviction Act Unauthorized occupation Bombay Rent Act Bonafide requirement

Janhit Nagari Sahakari Pat Sanstha Maryadit v. State of Maharashtra & Ors.

06 Jun 2019 · Sandeep V. Marne

The Bombay High Court held that the Registrar's suo motu inquiry power under section 83 of the Maharashtra Cooperative Societies Act can be triggered by complaints from non-members only after independent application of mind, and set aside an inquiry ordered mechanically on a non-member complaint.

administrative petition_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 83 inquiry Registrar's suo motu power Non-member complaint

Sou. Fatima Shabbir Shaikh v. The State of Maharashtra & Ors.

31 May 2019 · Nitin Jamdar; M.M. Sathaye

The Bombay High Court held that a directly appointed Principal cannot be reverted to a lower post never held without due process, quashing the reversion order for violation of natural justice and directing reinstatement with consequential benefits.

labor appeal_allowed Significant reversion in rank direct appointment principles of natural justice minority educational institution