High Court of Bombay
3,981 judgments
Dilip Gangaram Patil v. Additional/Joint/Deputy Assistant Commissioner of Income Tax & Ors.
The Bombay High Court quashed the reopening notice under Section 148 for AY 2013-14, holding that reopening is impermissible after revisional proceedings under Section 263 and in absence of failure to disclose material facts.
Dr. Pradeep Mehta v. Union of India
The Bombay High Court upheld SEBI's regulatory power to freeze promoter demat accounts for non-compliance with listing obligations, dismissing the petitioner's challenge to the freezing of his accounts despite his claimed lack of control over the company.
Santosh Anant Sabale v. Mathuradas Morarji
The High Court upheld the eviction decree on unlawful subletting grounds, holding that the tenant failed to rebut the landlord's prima facie proof of exclusive possession by a third party.
Shashikiran Janardhan Shetty v. Assistant Commissioner of Income-tax
The Bombay High Court held that reopening an income tax assessment beyond four years requires tangible material of non-disclosure by the assessee, and transactions of a separate legal entity cannot justify reopening the assessee’s assessment.
District Sindhudurg v. Vidharbha Konkan Gramin Bank
The Bombay High Court held that employees who resigned retain their accrued statutory right to encash privilege leave, and refusal to pay such encashment without statutory authority is arbitrary and unlawful.
Bks Galaxy Realtors LLP v. Sharp Properties & Ors.
The Bombay High Court held that the arbitration clause in an Agreement for Sale ceases upon execution of the Conveyance Deed, and subsidiary documents without specific arbitration clauses are not covered, dismissing the appeal to refer the suit to arbitration.
Bank of Maharashtra v. Directorate of Revenue Intelligence
The Bombay High Court held that a customs authority’s letter restraining a bank from enforcing security interest under the SARFAESI Act is invalid, affirming the bank’s priority as a secured creditor over customs claims.
Vishwesh Dogra Suvarna v. State of Maharashtra
The Bombay High Court allowed the appeal and declared a missing person presumed dead after seven years of absence based on circumstantial evidence and statutory presumption under Section 108 of the Indian Evidence Act.
Pen Municipal Council v. Shekhar B. Abhang
The Bombay High Court upheld the Industrial Court’s order directing regularization of a temporary Tax Inspector appointed against a sanctioned post following due process and long continuous service, dismissing the Municipal Council’s challenge.
State of Maharashtra v. M/s Patwardhan Infrasturcture Pvt. Ltd.
The Bombay High Court set aside an arbitral award that wrongly converted a force majeure clause into a guaranteed minimum return clause, holding such interpretation manifestly perverse and contrary to public policy.
Piramal Enterprises Limited v. The State of Maharashtra
The Bombay High Court upheld the taxability of transfer of intellectual property rights in a slump sale under the MVAT Act, affirmed the reviewing authority's jurisdiction, and dismissed the writ petition challenging the review order and demand notice.
Lotus Logistics and Developers Pvt. Ltd. v. Evertop Apartments Co-operative Housing Society Limited
The Bombay High Court upheld an arbitral award directing specific performance of a terminated development agreement based on the developer's admissions and ordered damages for failure to procure occupation certificate.
Jalaram Ashish Co-operative Housing Society Ltd. v. The Competent Authority and the District Deputy Registrar and Ors.
The Bombay High Court held that the Competent Authority must convey the entire land as per MOFA agreements and condoned delay caused by management issues and COVID-19, setting aside the partial conveyance order and remanding for fresh decision.
Babasaheb Bhau Kamble v. State of Maharashtra & Ors.
The High Court set aside the promotion of respondent No.4 to Health Executive Officer for non-fulfillment of eligibility service and directed reconsideration of the petitioner’s promotion based on seniority and merit.
Shri Bipin Badani v. Union of India
The Bombay High Court held that denial of cross-examination of witnesses in Customs adjudication proceedings does not violate natural justice when ample corroborative evidence exists and an efficacious statutory appeal remedy is available.
The Trustees of American School Bombay Education Trust v. The Union of India
The Bombay High Court held that an educational institution existing solely for education and not for profit is entitled to exemption under Section 10(23C)(vi) of the Income Tax Act despite part of its income and expenditure occurring outside India, limiting the scope of inquiry at approval stage to existence alone.
ICICI Lombard General Insurance Co. Ltd. v. Smt. Maya Govind Patel
The Bombay High Court dismissed the insurance company's appeal, upholding the Tribunal's award of compensation for death caused by rash and negligent driving of an insured vehicle, emphasizing the insurer's failure to disprove vehicle involvement or breach of policy.
Ashok Kacharu Gaikwad v. Rev. Samuel Shankar Chandekar & Ors.
The Bombay High Court upheld a decree under Section 6 of the Specific Relief Act restoring possession to Plaintiffs, holding that mere occupation as a caretaker does not confer settled possession.
Crystal Construction Company v. State of Maharashtra
The Bombay High Court held that the predetermined auction price fixed by the Charity Commissioner under the Maharashtra Public Trusts Act is the true market value for stamp duty levy under the first Proviso to Rule 4(6) of the Maharashtra Stamp Rules, but the Collector of Stamps may verify the sale process as per Circular dated 13 October 2006 before adjudication.
Wipro Limited v. Maharashtra Airport Development Company Ltd. & State of Maharashtra
The Bombay High Court held that in absence of a forfeiture clause, MADC cannot forfeit Wipro's advance payment for land allotment and ordered refund with interest, excusing delay due to ongoing negotiations.