High Court of Bombay

3,981 judgments

Year:

Wework India Management Private Limited v. M/s. KGA Investments

17 May 2019 · Sharmila U. Deshmukh

The Bombay High Court upheld the Revisional Court's order directing deposit of license fee arrears under Order 39 Rule 10 CPC, holding that force majeure excused payment during lockdown but unilateral surrender of part premises was impermissible.

civil appeal_dismissed Significant Leave and License Agreement Force Majeure Order XV-A CPC Order 39 Rule 10 CPC

Kashinath Ramchandra Kolwankar and Ors. v. Sunanda and Ors.

03 May 2019 · Sandeep V. Marne

The Bombay High Court upheld eviction of a tenant by confirming landlordship based on tenancy and rent payment, ruling that ownership title is irrelevant in Rent Act suits and tenants are estopped from denying landlord's title during tenancy.

civil petition_dismissed Significant Bombay Rent Act landlord-tenant relationship Section 116 Indian Evidence Act res judicata

Uday Dalal; Ajay Biyani; Rina Pritish Nandy v. Divisional Joint Registrar; Dy. Registrar; Prachi Agarwal; Malboro House Coop. Housing Society Limited; Ruvin Realty Private Limited

17 Apr 2019 · Amit Borkar

Membership in a cooperative housing society must strictly conform to the sanctioned building plan, and unauthorized creation of new flats for membership is invalid even if approved by the society's general body.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 membership eligibility sanctioned plan flat definition

Vijay Nagar Apartments & Anr. v. State of Maharashtra & Ors.

04 Apr 2019 · G.S. Patel; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court held that a condition barring claim to Amenity TDR tied to garden maintenance ceases when possession is lost, mandating grant of additional TDR under statutory and constitutional protections despite delay.

property petition_allowed Significant Amenity Transferable Development Rights TDR Development Control Regulations 1991 Maharashtra Regional and Town Planning Act 1966

Gini Tex Private Limited v. Soham Fashion & Ors.

31 Mar 2019 · Kamal Khata

The Bombay High Court granted summary judgment in favour of the plaintiff for recovery of Rs. 45,18,600 with interest due to defendants' non-appearance and dishonour of cheques in a commercial summary suit.

civil appeal_allowed summary suit Order XXXVII CPC dishonoured cheque Section 138 Negotiable Instruments Act

M/s. Gini Silk Mills Ltd v. Soham Fashion & Ors.

31 Mar 2019 · Kamal Khata

The Bombay High Court granted summary judgment in favor of the plaintiff for dishonoured cheques and unpaid dues after defendants failed to appear despite valid service under Order XXXVII CPC.

civil appeal_allowed summary suit Order XXXVII CPC non-appearance dishonoured cheque

Padmakar Narhar Deshpande v. Central Bureau of Investigation

30 Mar 2019 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that the validity and competency of prosecution sanction under the Prevention of Corruption Act must be decided during trial, not at pretrial discharge stage, and dismissed the applicant's challenge to the rejection of discharge applications.

criminal appeal_dismissed Significant prosecution sanction competent authority Section 19 Prevention of Corruption Act discharge application

Shree Educational Trust v. Dombivali Shikshan Prasarak Mandal

30 Mar 2019 · N. J. Jamadar

The Bombay High Court held that a defendant whose right to file a written statement is foreclosed by a final order cannot file an additional written statement to an amended plaint without court permission, and rejected the attempt to treat a previously rejected written statement as part of the record.

civil petition_dismissed Significant written statement amended plaint no written statement order consequential amendment

Astute Valuers and Consultants Pvt. Ltd. v. Union of India

22 Mar 2019 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 6

The Bombay High Court held that issuance of a Discharge Certificate under the SVLDRS scheme conclusively settles tax dues barring further interest demands, and quashed show cause notices issued thereafter.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 Discharge Certificate Finance Act 2019 Section 128

Nana Narayan Bhalerao v. State of Maharashtra

01 Mar 2019 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed a writ petition seeking allotment of additional land after nearly five decades, holding that stale claims barred by delay and laches cannot be revived under Article 226.

administrative petition_dismissed Significant delay and laches writ jurisdiction Article 226 land allotment

Tatoba Rama Chavan v. Collector, Kolhapur District

01 Mar 2019 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed a writ petition seeking allotment of land after a 38-year delay, holding that unexplained delay and non-compliance with statutory conditions bar relief under Article 226.

administrative petition_dismissed Significant Article 226 delay and laches project affected persons land acquisition

Shreem Electric Limited v. Transformers and Rectifiers India Ltd.

28 Feb 2019 · Sandeep V. Marne

The Bombay High Court set aside the District Court's unreasoned order returning the plaint without jurisdictional findings, restoring the commercial suit filed by the appellant.

civil appeal_allowed Significant Order 7 Rule 10 CPC Order 7 Rule 11 CPC temporary injunction jurisdiction

Britannia Industries Ltd. v. Maya Sunil Alagh

21 Feb 2019 · Sandeep V. Marne
Cites 0 · Cited by 2

The High Court held that courts lack jurisdiction to fix standard rent under the Maharashtra Rent Control Act, 1999 for premises let after 1 October 1987, setting aside lower court orders fixing nominal standard rent for such premises.

civil appeal_allowed Significant standard rent Maharashtra Rent Control Act, 1999 premises let after 1 October 1987 jurisdiction

Patanjali Foods Ltd. v. Union of India

16 Feb 2019 · K. R. Shriram; Jitendra Jain
Cites 1 · Cited by 1

The Bombay High Court held that the tariff value applicable to imported goods is the rate in force at the exact time of presentation of the bill of entry, quashing reassessment based on a subsequent notification increasing tariff value.

tax appeal_allowed Significant Customs Act, 1962 tariff value bill of entry self-assessment

Sulochana Divakar Parkar v. Ashok Shamrao Bhatte & Ors.

01 Feb 2019 · Sandeep V. Marne

The Bombay High Court held that legal heirs must plead and prove their own bonafide requirement in eviction suits after the death of original Plaintiff, setting aside an eviction decree granted without such pleading.

civil appeal_allowed Significant bonafide requirement eviction suit legal heirs pleading requirement

Fork Media Pvt. Ltd. v. Union of India

01 Feb 2019 · M.S. Sonak; Jitendra Jain · 2024:BHC-OS:20181-DB

The Bombay High Court dismissed the petition challenging the denial of relief under the SVLDRS Scheme due to failure to prove post-enquiry utilization of CENVAT credit and upheld the additional tax demand.

tax petition_dismissed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Section 124(2) CENVAT credit pre-deposit

L.J. Tanna Shares and Securities Pvt. Ltd. and Ors. v. 63 Moons Technologies Ltd. and Ors.

24 Jan 2019 · Sandeep V. Marne
Cites 1 · Cited by 3

The Bombay High Court held that NSEL cannot utilize funds deposited by NAFED in the Delhi High Court without court permission and directed transfer of the amount to its own registry, rejecting NSEL’s application for utilization.

civil appeal_allowed Significant injunction utilization of funds escrow account arbitral award

Vidya Vikas Education Society v. Sunil Gulabrao Wadatkar

17 Jan 2019 · Sandeep V. Marne
Cites 1 · Cited by 0

The High Court set aside the termination of a school employee due to procedural defects in the enquiry and remanded the matter for fresh enquiry ensuring full opportunity of defence.

labor other Significant domestic enquiry principles of natural justice cross-examination remand of enquiry

Seth Motishaw Lalbaug Jain Charities v. Bombay General Employees’ Association

22 Dec 2018 · Sandeep V. Marne

The Bombay High Court held that a public charitable trust engaged in systematic commercial activities with wage-earning employees qualifies as an 'industry' under the Industrial Disputes Act, 1947, notwithstanding its religious and charitable objectives.

labor petition_dismissed Significant industry definition charitable trust Industrial Disputes Act 1947 employer-employee relations

Shalen D’Mello v. Ruby Victoria Ferreira

02 Dec 2018 · N.J. Jamadar · 2023:BHC-AS:2088

The Bombay High Court allowed the appeal to set aside an ex-parte decree, holding that negligence of a party's Advocate can constitute sufficient cause to condone delay and restore the suit for fresh hearing.

civil appeal_allowed Significant Order IX Rule 13 CPC ex-parte decree condonation of delay negligence of Advocate