High Court of Bombay

3,981 judgments

Year:

Mahadeo Laxman Bhuyal & Ors. v. The State of Maharashtra & Ors.

27 Oct 2016 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court upheld the validity of the Slum Rehabilitation Scheme and eviction orders on government-owned land, rejecting tribal ownership claims lacking valid allotment and mutation, and affirmed the authority of the Slum Rehabilitation Authority under Section 3C(1) of the Maharashtra Slum Areas Act.

administrative appeal_dismissed Significant Slum Rehabilitation Scheme Slum Rehabilitation Area Maharashtra Slum Areas Act, 1971 Section 3C(1)

Sanjay Thakkar v. Bhojja Shantu Shetty & Ors.

26 Oct 2016 · Sandeep V. Marne

The Bombay High Court upheld the striking out of defendant's defence under Order 39 Rule 11 CPC for wilful breach of court undertaking to maintain status quo by creating third-party rights.

civil petition_dismissed Significant Order 39 Rule 11 CPC breach of undertaking striking out defence status quo

Tata Memorial Centre v. Tata Memorial Hospital Workers Union

26 Oct 2016 · Sandeep V. Marne

The Bombay High Court held that Tata Memorial Centre is an autonomous body controlled by the Central Government, making the Central Government the appropriate government under labor laws, and set aside Industrial Court orders holding otherwise.

labor appeal_allowed Significant appropriate government Industrial Disputes Act, 1947 autonomous body Central Government control

The State of Maharashtra v. Shri Machindra Hariman Thakare

17 Oct 2016 · Sandeep V. Marne

The High Court upheld the Labour and Industrial Courts' orders reinstating daily wage labourers of the Forest Department terminated without due process, rejecting the State's claim of Employment Guarantee Scheme engagement and lack of jurisdiction.

labor appeal_dismissed Significant Labour Court jurisdiction Employment Guarantee Scheme Section 25F Industrial Disputes Act Reinstatement

Orient Club Building and Association v. Mrs. Nilofer Abijit Gupta

13 Oct 2016 · Rajesh S. Patil

The Bombay High Court held that a delayed post-trial amendment seeking to add legal heirs and new tenancy claims is impermissible, and inter-se disputes among heirs regarding tenancy succession fall outside Rent Court jurisdiction.

civil appeal_allowed Significant amendment of pleadings tenancy rights Maharashtra Rent Control Act Section 7(15)(d)

Shailesh Haribhau Jagtap v. Rahul Suresh Khetre

09 Oct 2016 · N. J. Jamadar

The Bombay High Court quashed criminal proceedings against a police officer for wrongful confinement and extortion for lack of mandatory sanction under Section 197(2) CrPC, holding that alleged acts in discharge of official duty require prior sanction to prosecute.

criminal petition_allowed Significant Section 197 CrPC sanction for prosecution police officer protection wrongful confinement

M/s. Depe Global Shipping Agencies Pvt. Ltd. v. M/s. Mather and Platt (India) Ltd.

06 Oct 2016 · Sandeep V. Marne

A company excluded from rent control protection under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 on the date of commencement cannot regain such protection by subsequently reducing its paid up share capital.

property petition_dismissed Significant Maharashtra Rent Control Act, 1999 Section 3(1)(b) paid up share capital rent control protection

Bina Saxena v. Union of India

05 Oct 2016 · Nitin Jamdar, ACJ; Sandeep V. Marne, J.
Cites 0 · Cited by 2

The Bombay High Court upheld the CAT’s dismissal of a CGHS pensioner’s claim for medical reimbursement beyond CGHS rates, affirming that emergency admission without Referral Memo does not entitle reimbursement over CGHS rates.

administrative petition_dismissed CGHS reimbursement emergency admission Referral Memo medical expenses

Sahara India Commercial Corporation Ltd. v. Champion Engineering Works Pvt. Ltd.

21 Sep 2016 · SOMASEKHAR SUNDARESAN

The Bombay High Court upheld the non-arbitrability of eviction disputes under a leave and license agreement and dismissed Sahara's delayed Section 11 application for appointment of arbitrator as time barred.

commercial_arbitration appeal_dismissed Significant arbitration agreement Section 8 Arbitration Act Section 11 Arbitration Act eviction suit

Larsen & Tourbo Limited v. Hindustan Petroleum Corporation Ltd

16 Sep 2016 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 2 · Cited by 0

The Bombay High Court upheld the setting aside of several arbitral claims for being contrary to contract and unsupported by evidence, affirming limited judicial interference under Section 34 of the Arbitration Act and the finality of the Engineer-in-Charge's decisions.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Engineer-in-Charge

Sangli Aluminium Extrusions Pvt Ltd v. Maharashtra Industrial Development Corporation Ltd

01 Sep 2016 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that a purchaser under SARFAESI Act without notice of sales tax dues is not liable for such dues and MIDC cannot demand increased Differential Premium beyond rates prevailing at transfer application.

civil petition_allowed Significant SARFAESI Act Sales Tax Dues Differential Premium Transfer of Industrial Property

M/s. Chandiwala Enterprises v. State of Maharashtra

29 Aug 2016 · R. M. Joshi
Cites 1 · Cited by 1

The Bombay High Court held that Development Agreements are eligible for refund of stamp duty under Section 47(c)(5) of the Maharashtra Stamp Act, 1958, and remanded the matter for inquiry and fresh decision by the Collector.

civil appeal_allowed Significant Maharashtra Stamp Act, 1958 Section 47 Section 48 Development Agreement

Anuj Kabra and anr. v. CL Educate Ltd.

25 Aug 2016 · SOMASEKHAR SUNDARESAN

In absence of a Small Cause Court with jurisdiction over a Leave and License dispute, the parties' arbitration agreement is enforceable and disputes are referred to arbitration.

civil appeal_allowed Significant arbitration agreement Leave and License Agreement Small Cause Court jurisdiction Section 26 Provincial Small Cause Court Act

Kalpana Nambiar; Krishnakumar Rajagopal Menon; Asha Sudarsh Menon v. Dr. Jayashree Balchandran Kurup

12 Aug 2016 · N.J. Jamadar

The Bombay High Court removed the executrix for gross misconduct and abuse of position, appointing a court administrator to manage and sell the disputed estate property.

civil appeal_allowed Significant Removal of executor Section 301 Indian Succession Act Executrix misconduct Probate administration

Smt. Shantiben Babarbhai Patel and Anr v. Smt. Geeta Prabhu Patel and Ors

09 Aug 2016 · M.M. Sathaye
Cites 1 · Cited by 0

The Executing Court can stay execution of a decree passed against a deceased defendant in an abated suit as such decree is a nullity and not executable.

civil appeal_dismissed Significant executing court Section 47 CPC abatement of suit ex-parte decree

Shri Ravi Raghunath Khanjode & Ors. v. Harasiddh Corporation

28 Jul 2016 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court dismissed the petition challenging the arbitral award upholding the validity of agreements concerning tribal lands and held that failure to plead grounds precludes interference under Section 34 of the Arbitration Act.

civil appeal_dismissed Significant Arbitral Award Section 34 Arbitration Act Tribal Land Bombay Tenancy and Agricultural Lands Act

Renuka Mata Mahila Bachat Gat v. State of Maharashtra & Ors.

11 Jul 2016 · Nitin Jamdar; Arif Doctor
Cites 1 · Cited by 0

The Bombay High Court held that the current statutory framework under the National Food Security Act and Poshan (2.0) Rules does not mandate decentralization or preferential treatment for Self-Help Groups in Take Home Ration procurement, dismissing challenges to the State's tender conditions.

administrative petition_dismissed Significant Take Home Ration Self-Help Groups Decentralization National Food Security Act, 2013

Meenakshitai Arjunrao Watti & Ors. v. The State of Maharashtra & Ors.

29 Jun 2016 · M.S. Sonak; Jitendra Jain · 2021 SCCOnline SC 474
Cites 1 · Cited by 0

The Bombay High Court upheld the constitutional validity of Section 73AAA of the Maharashtra Cooperative Societies Act restricting the number of directors, dismissing the petition challenging it as arbitrary and unconstitutional.

administrative petition_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 73AAA Cooperative societies Board of directors

Mallikarjun Dhullappa Rajmane v. Divisional Controller

27 Jun 2016 · SANDEEP V. MARNE
Cites 0 · Cited by 1

The High Court upheld the Labour Court's denial of backwages to a reinstated employee with a poor disciplinary record, allowing backwages only for the period between the award and actual reinstatement.

labor petition_dismissed Significant backwages reinstatement disciplinary proceedings proportionality

Rajani alias Prabhavati Chittaranjan Patil v. Dahisar Siddhi Apartment CHSL & Ors.

24 Jun 2016 · Amit Borkar

The High Court dismissed the writ petition challenging a deemed conveyance order under MOFA, holding that title disputes and alleged procedural irregularities must be resolved by civil courts, not through supervisory writ jurisdiction.

property petition_dismissed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 Section 11 MOFA Article 227 Constitution