High Court of Bombay

3,981 judgments

Year:

Chogalal Santokhji Raval v. Sjamkarprasad Jagnath Varma

02 Jul 2018 · Sandeep V. Marne

The Court held that possession after expiry of a license does not confer protected tenant status under Section 15A of the Bombay Rent Act and upheld the decree for recovery of possession in favor of the Plaintiff.

civil petition_dismissed Significant Leave and License Agreement Section 15A Bombay Rent Act Protected tenant Section 116 Indian Evidence Act

Blossom Industries Limited v. Union of India

29 Jun 2018 · M.S. Sonak; Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court dismissed the writ petition challenging a GST show cause notice on production overhead charges and misclassification, holding that statutory remedies must be exhausted and the notice was not without jurisdiction.

tax petition_dismissed Significant GST jurisdiction show cause notice alcoholic liquor tax Advance Ruling

KSL & Industries Ltd v. Patheja Forgings & Auto Parts Manufacturing Ltd

28 Jun 2018 · Arif S. Doctor

The Bombay High Court held that winding-up proceedings must be transferred to the NCLT under Section 434(1)(c) unless the company has reached irreversible corporate death, enabling resolution under the IBC.

corporate appeal_allowed Significant Section 434(1)(c) Companies Act Insolvency and Bankruptcy Code winding-up proceedings corporate insolvency resolution

Gayatri Construction v. The State of Maharashtra

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld a unilateral deemed conveyance order granting land ownership to a cooperative housing society under MOFA, rejecting the petitioner's challenge based on prior lease agreements and procedural grounds.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 unilateral deemed conveyance lease vs ownership principles of natural justice

Surya Corporation and anr. v. The Competent Authority and ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court held that a Competent Authority cannot materially alter a certificate of unilateral deemed conveyance by issuing a Corrigendum without jurisdiction, notice, or reasons, and set aside such Corrigendum and consequent conveyance deed.

administrative appeal_allowed Significant Competent Authority Corrigendum Unilateral deemed conveyance Jurisdiction

Yogesh Jayant Khadilkar v. The State of Maharashtra & Ors.

22 Jun 2018 · Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court upheld the Competent Authority's grant of deemed conveyance to a Co-operative Housing Society despite absence of occupancy certificate, affirming that promoter default cannot bar conveyance under Section 11 MOFA.

property petition_dismissed Significant deemed conveyance occupancy certificate Maharashtra Ownership Flats Act Section 11 MOFA

Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld the Competent Authority's grant of unilateral deemed conveyance under Section 11 of MOFA to a cooperative housing society despite unauthorized construction and absence of occupation certificate, emphasizing the promoter's default cannot bar the society's statutory rights.

property petition_dismissed Significant deemed conveyance Maharashtra Ownership Flats Act occupation certificate unauthorized construction

Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld the Competent Authority's power under Section 11 of MOFA to grant unilateral deemed conveyance to a cooperative housing society despite absence of occupation certificate and unauthorized construction, rejecting landowners' challenge.

property petition_dismissed Significant deemed conveyance Maharashtra Ownership Flats Act occupation certificate unauthorized construction

ACME Enterprises & Anr. v. Deputy Registrar Co-operative Societies (2) & Ors.

22 Jun 2018 · Sandeep V. Marne

The court held that unilateral deemed conveyance under MOFA vests title by summary order but does not conclusively decide title disputes, which must be adjudicated in civil suits to determine land entitlement and construction rights between Developer and Federation.

property other Significant Maharashtra Ownership Flats Act unilateral deemed conveyance competent authority developer rights

Ganesh Arjun Chukkal v. Melronia Hospitality Private Limited

19 Jun 2018 · Sandeep V. Marne

The Court upheld eviction of licensee Brice and dismissed claims of personal leasehold rights by its director based on a dubious unregistered lease deed, affirming that possession secured by license must be surrendered upon expiry.

civil appeal_dismissed Significant Leave and License Agreement Lease Deed Eviction Maharashtra Rent Control Act

Rafique Rahemtullah Kabani v. The Assistant Engineer & Designated Officer

12 Jun 2018 · M. S. Sonak; Kamal Khata · 2024:BHC-OS:14044-DB

The Bombay High Court upheld the Brihanmumbai Municipal Corporation's demolition notice against unauthorized constructions from the 2nd to 8th floors, rejecting natural justice and regularisation claims and dismissing the writ petition with costs.

property petition_dismissed Significant unauthorized construction demolition notice Maharashtra Regional and Town Planning Act natural justice

Nutan Warehousing Company Pvt. Ltd v. The Commissioner, Central Tax, Pune-II

23 May 2018 · G. S. Kulkarni; Jitendra Jain

The Bombay High Court held that warehousing services for tea that retains its essential agricultural characteristics after minimal processing are exempt from GST under Notification No. 12/2017, quashing the adverse Advance Ruling orders.

tax appeal_allowed Significant agricultural produce GST exemption warehousing services tea processing

Electonica India Ltd. v. Electonica Hitech Machines Private Limited

18 May 2018 · R.I. Chagla

The Bombay High Court set aside the Trade Marks Registry's non-speaking orders allowing trademark transmission without considering objections, remanding the matter for fresh adjudication under Section 45 of the Trade Marks Act, 1999.

property appeal_allowed Significant Trade Marks Act, 1999 Section 45 TM-24 Application Assignment and Transmission

Prashant Rambhau Pathare; Dilip Rambhau Pathare; Sandip Rambhau Pathare v. Aparna Ashok Joshi; Amit Ashok Joshi; Anushri Kaustubh Joshi; Vasantraj Champalal Talsera; Goutam Champalal Talsera; Vimalraj Champalal Talsera

16 May 2018 · Sandeep V. Marne

The Bombay High Court dismissed the appeal against refusal of temporary injunction in a suit for specific performance due to lack of prima facie proof linking payment to the agreement and inconsistent pleadings by the plaintiffs.

civil appeal_dismissed Significant temporary injunction specific performance agreement for sale consideration payment

Venus Vasant Valley Co-operative Housing Society Limited v. Sheth Developers Private Limited

14 May 2018 · R.I. Chagla

The Bombay High Court allowed the developer to continue construction using disclosed FSI and TDR without flat purchasers' consent under Section 7A of MOFA, holding that full disclosure of development potential satisfies statutory requirements and phased development conditions conveyance rights.

civil appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Floor Space Index (FSI) Transferable Development Rights (TDR) Disclosure requirements

Smt. Saranga Anil Kumar Aggarwal v. State of Maharashtra & Ors.

08 May 2018 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 3

The High Court dismissed the writ petition seeking enhanced development rights under new regulations without scheme conversion, holding that statutory conditions and prevailing regulations govern entitlement.

administrative petition_dismissed Significant Transferable Development Rights Development Rights Certificates Slum Rehabilitation Scheme DCR 1991

Anupam Dikshit v. S. Kumars Nationwide Limited & Ors.

24 Apr 2018 · Sandeep V. Marne

The Bombay High Court held that suits instituted prior to liquidation can continue in Civil Court with the Official Liquidator impleaded as party, as Section 33(5) of the IBC bars only fresh suits after liquidation and does not oust Civil Court jurisdiction over pending suits.

civil appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Section 33(5) IBC Section 63 IBC Official Liquidator

Anil Govind Ganu v. Innovative Technomics Pvt. Ltd.

11 Apr 2018 · Sandeep V. Marne
Cites 1 · Cited by 1

The Bombay High Court held that founder directors with ultimate control over the company are not employees entitled to gratuity beyond statutory limits absent an express agreement, and balance sheet entries alone do not create such liability.

labor petition_dismissed Significant Payment of Gratuity Act, 1972 employee definition director remuneration balance sheet entry

Dangkwang Precision India Pvt. Ltd. v. Dangkwang Precision Employees Union

29 Mar 2018 · Amit Borkar

The Bombay High Court upheld the Industrial Tribunal's wage revision Award, affirming the need for substantiated financial assessment including legitimate depreciation and proper industry comparison in wage disputes.

labor appeal_dismissed Significant wage adjudication financial capacity depreciation industrial tribunal

Shri Onkar Dattatray Kalmankar v. Public Information Officer

28 Mar 2018 · M.S. Sonak; Jitendra Jain · 2024:BHC-AS:43153-DB

The Bombay High Court held that marks obtained by candidates in a public recruitment process are not exempt from disclosure under RTI and ordered disclosure of all candidates' marks to promote transparency and public confidence.

administrative petition_allowed Significant Right to Information Act, 2005 Section 8(1)(j) public recruitment transparency confidentiality of examination