High Court of Bombay

3,981 judgments

Year:

Vyom Dipesh Raichanna v. Union of India

28 Jul 2017 · M.S. Sonak; Advait M. Sethna

The Bombay High Court directed Customs Authorities to allow re-testing of seized cashew nut samples by drawing fresh samples and sending them to a government laboratory, emphasizing that re-testing is a trade facilitation measure that should not be unreasonably denied.

administrative petition_allowed Significant re-testing seized goods Public Notice No. 97 of 2017 trade facilitation

Ankush Vitthal Narvekar v. Municipal Corporation for Greater Mumbai

20 Jul 2017 · Sandeep V. Marne

The Bombay High Court upheld the status of two structures as contravening structures eligible for redevelopment benefits, set aside MCGM’s cancellation and withholding of NOCs, and held that intra-family disputes do not justify administrative interference with redevelopment rights.

property appeal_allowed Significant contravening structures Development Control and Promotion Regulations 2034 Permanent Alternate Accommodation No Objection Certificate

Jaiprakash Kulkarni v. The Banking Ombudsman

06 Jul 2017 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the bank must refund unauthorized electronic transactions due to third-party fraud where no OTP or alerts were sent, quashing the Banking Ombudsman's rejection and applying the RBI Circular on customer protection.

civil appeal_allowed Significant Cyber Fraud Unauthorized Electronic Banking Transactions OTP Banking Ombudsman

Venus Jewel v. Union of India

30 Jun 2017 · G. S. Kulkarni; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that exporters are entitled to IGST refund on confirmed consignment exports under Rule 96/96A CGST Rules despite data mismatches or circulars, and rejected limitation and jurisdictional objections.

tax appeal_allowed Significant IGST refund consignment exports CGST Rules Rule 96 CGST Rules Rule 96A

Sunita Anandrao Monde v. State of Maharashtra

30 Jun 2017 · M.S. Karnik; S.M. Modak
Cites 0 · Cited by 1

The Bombay High Court held that statutory MEPS Rules mandating 33% reservation prevail over conflicting government resolutions, and reservation does not apply when only two posts exist, directing approval of the disputed Headmistress appointment.

administrative appeal_allowed Significant reservation Maharashtra Employees of Private Schools Rules, 1981 Government Resolution roster verification

The State of Maharashtra v. Thane Municipal Corporation

30 Jun 2017 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court set aside the MRT order excluding 193 acres from forest acquisition, holding the land as acquired private forest under MPFA based on valid notice service and proper scope of inquiry.

property appeal_allowed Significant Maharashtra Private Forests (Acquisition) Act, 1975 Indian Forest Act, 1927 Notice under Section 35(3) Private forest acquisition

Ismail Babalal Attar v. The State of Maharashtra

28 Jun 2017 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:40591-DB

The Bombay High Court held that an agricultural loan secured by gold ornaments qualifies for waiver under the Chhatrapati Shivaji Maharaj Shetkari Sanman Yojana-2017, overruling the bank’s exclusion based on a subsequent government letter.

administrative petition_allowed Significant Loan Waiver Scheme Chhatrapati Shivaji Maharaj Shetkari Sanman Yojana-2017 Agricultural loan Gold security scheme

Oberoi Constructions Ltd. v. Union of India & Ors.

28 Jun 2017 · M.S. Sonak; Jitendra Jain
Cites 2 · Cited by 2

The Bombay High Court dismissed writ petitions challenging GST show cause notices against municipal services, holding that statutory remedies must be exhausted before invoking writ jurisdiction.

tax appeal_dismissed Significant show cause notice goods and services tax exemption notification Article 243W

M/s. Eagle Security & Personnel Services v. Union of India & Ors.

28 Jun 2017 · M. S. Sonak; Jitendra Jain

The Bombay High Court upheld the constitutional validity of CGST provisions denying input tax credit under reverse charge mechanism to proprietorship entities, rejecting challenges under Articles 14 and 19(1)(g).

tax petition_dismissed Significant Input Tax Credit Reverse Charge Mechanism Article 14 Article 19(1)(g)

Ashok Investors Trust Limited v. Crosslink Food & Farms Pvt. Ltd.

27 Jun 2017 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court upheld a temporary injunction restraining sale of pledged shares pending trial, holding that the pledge's continuation beyond closure dates is a triable issue and that the trial court's discretion was rightly exercised.

civil appeal_dismissed Significant pledge of shares closure date temporary injunction Indian Contract Act 1872

TATA AIG General Insurance Co. Ltd. v. Vinay Sah & Gauri V. Raut

24 Jun 2017 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Insurance Ombudsman's award directing payment of a housing loan insurance claim to the widow, applying contra proferentem to ambiguous policy terms and preferring the treating doctor's opinion over the insurer's panel doctor.

civil petition_dismissed Significant insurance repudiation housing loan insurance critical illness insurance contra proferentem

Pr. Commissioner of Income Tax-12, Mumbai v. M/s Drisha Impex Pvt. Ltd.

21 Jun 2017 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that where purchases are conclusively found to be bogus and the assessee fails to prove their genuineness, the entire amount must be disallowed, reversing the ITAT's limited disallowance based on speculative profit margin estimation.

tax appeal_allowed Significant bogus purchases disallowance Income Tax Act, 1961 Section 69C

Dattatray Bapu Dighe v. The State of Maharashtra

13 Jun 2017 · S.M. Modak

The Bombay High Court held that registration of copyright with Indian authorities is not mandatory to initiate criminal prosecution for copyright infringement under the Copyright Act, 1957.

criminal appeal_dismissed Significant Copyright Act, 1957 copyright registration criminal prosecution copyright infringement

Raymond Limited v. M/s. Miltex Apparels

08 Jun 2017 · SOMASEKHAR SUNDARESAN

The Bombay High Court allowed Raymond's appeal, holding that the arbitration clause in the Distributor Agreement was impliedly extended by parties' conduct and communications, remanding the jurisdictional issue for evidence-based determination.

civil appeal_allowed Significant arbitration agreement extension of contract jurisdictional challenge Section 16 Arbitration Act

NESCO Limited v. State of Maharashtra

03 May 2017 · G. S. Kulkarni; Aarti A. Sathe

The Bombay High Court held that acquisition of private land under the Maharashtra Slum Areas Act without giving the landowner a fair opportunity to exercise preferential redevelopment rights is illegal and unconstitutional.

property petition_allowed Significant Maharashtra Slum Areas Act, 1971 Section 14(1) acquisition preferential right of landowner slum rehabilitation

Prithvi Infra Projects v. Apex Grievance Redressal Committee

01 May 2017 · Amit Borkar

The Bombay High Court upheld the termination of a developer's appointment by the Slum Rehabilitation Authority due to inordinate delay and loss of faith by slum dwellers, rejecting claims of COVID-19 and interim order-based delays.

administrative appeal_dismissed Significant Slum Rehabilitation Authority Maharashtra Slums Areas Act, 1971 developer termination inordinate delay

Godrej And Boyce Manufacturing Company Limited v. Remi Sales and Engineering Limited

01 May 2017 · Sandeep V. Marne

The Bombay High Court upheld an arbitral award holding that tubes supplied conformed to specifications and that the petitioner was deemed to have accepted the goods upon use, barring rejection thereafter under Section 42 of the Sale of Goods Act.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Sale of Goods Act, 1930 Section 42 acceptance Contractual variation

Uttar Bhartiya Education Society v. Naresh Tejan Thakur

30 Apr 2017 · Sandeep V. Marne
Cites 4 · Cited by 0

The Bombay High Court upheld the termination of a school employee for sexual assault after finding the disciplinary inquiry was fair, evidence sufficient, and procedural irregularities non-prejudicial.

labor appeal_allowed Significant principles of natural justice domestic inquiry disciplinary proceedings preponderance of probabilities

Bharat Hirji Dedhia v. Union of India & Ors.

25 Apr 2017 · M. S. Sonak; Jitendra Jain
Cites 0 · Cited by 3

The Bombay High Court upheld the Insurance Ombudsman's award directing payment to a policyholder, dismissed the insurer's challenge, and imposed interest and exemplary costs for delay and non-compliance.

administrative appeal_dismissed Significant Insurance Ombudsman IRDA Notification 2017 Health insurance claim Partial repudiation

Hitendra Singh R Chopra v. Cantonment Board Dehuroad & Ors.

20 Apr 2017 · M. S. Sonak; Kamal Khata

The Bombay High Court directed the Cantonment Board and PCMC to take immediate and effective action against unauthorised commercial use of basement godowns in Nirman Arcade, rejecting claims of helplessness and invalidating individual members' NOCs.

administrative petition_allowed Significant Cantonments Act 2006 unauthorised conversion Cantonment Board powers writ of mandamus