High Court of Bombay

3,981 judgments

Year:

Jobi Joseph v. M/s. Cadbury India Ltd. & Ors.

01 Apr 2014 · Sandeep V. Marne

The Bombay High Court held that a senior sales executive engaged in supervisory duties over distributor salesmen is not an 'employee' under the MRTU & PULP Act, dismissing his challenge to termination.

labor petition_dismissed Significant employee definition sales promotion employee supervisory capacity Industrial Disputes Act

SGS Infratech Limited v. Union of India

28 Mar 2014 · M. S. Sonak; Kamal Khata
Cites 2 · Cited by 6

The Bombay High Court upheld the constitutional validity of Section 96(b) of the Cantonment Act, 2006, holding that the pre-deposit of disputed tax amount as a condition for appeal is not arbitrary and does not violate Articles 14 or 19(1)(g) of the Constitution.

administrative petition_dismissed Significant Section 96(b) Cantonment Act 2006 pre-deposit condition constitutional validity right to appeal

Avinash Dhavji Naik and Ors. v. The State of Maharashtra and Ors.

01 Mar 2014 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that while the MRTP Act is a self-contained code excluding certain Land Acquisition Act provisions, the acquisition awards were void for lack of prior approval and lapsed due to delay, quashing the acquisition proceedings.

property appeal_allowed Significant MRTP Act Land Acquisition Act, 1894 Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 Section 11

Zubaida W/O. Kadar Memon & Ors. v. Khan Mubeen Ahmed Ali & Ors.

25 Feb 2014 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Waqf Tribunal's decree evicting alleged encroachers from Waqf property, affirming that persons interested in a Waqf can directly file suits for removal of encroachment without mandatory recourse to CEO procedures under Sections 54 and 55 of the Waqf Act.

civil appeal_dismissed Significant Waqf Act, 1995 Section 83(2) Section 54 and 55 encroachment

Anish Modi v. Union of India

18 Feb 2014 · R. N. Laddha

The Bombay High Court quashed prosecution against an independent director for non-payment of TDS due to non-service of mandatory notice under Section 2(35)(b) of the Income Tax Act, emphasizing the necessity of procedural compliance before initiating criminal proceedings.

criminal petition_allowed Significant Income Tax Act, 1961 Section 276-B Section 278-B Section 2(35)(b)

Priya Sameer Holkar v. The Deputy Collector (Gad), Mumbai City

07 Feb 2014 · Sandeep V. Marne
Cites 0 · Cited by 24

The Bombay High Court set aside the Maintenance Tribunal's order annulling gift deeds and directing property return, holding that the Tribunal lacked jurisdiction post transferee's death and that a daughter-in-law is not liable to maintain senior citizens unless in possession of their property.

family appeal_allowed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23 Gift deed annulment Daughter-in-law maintenance liability

Gamdevi Residents’ Association v. Municipal Corporation of Greater Mumbai

03 Feb 2014 · Alok Aradhe, CJ; Sandeep V. Marne, J.
Cites 0 · Cited by 1

The Bombay High Court upheld the validity of special permission granted by the Municipal Commissioner for redevelopment of a Grade-III heritage precinct building without Heritage Conservation Committee approval and dismissed the PIL challenging the construction due to delay and compliance with Development Control Regulations.

administrative petition_dismissed Significant Development Control Regulations 1991 Regulation 67(2)(iii)(b) Heritage Conservation Committee Municipal Commissioner special permission

Ms M.V.Nordlake GmbH v. Union of India

20 Jan 2014 · N. J. Jamadar

The Bombay High Court held that under the amended Merchant Shipping Act, 1958, a shipowner's right to limit liability is absolute and not subject to proof of personal fault or recklessness, allowing constitution of a limitation fund at an interim stage.

maritime_admiralty appeal_allowed Significant limitation of liability Merchant Shipping Act 1958 Section 352A Convention on Limitation of Liability for Maritime Claims 1976

Archana Bhagwan Jaswani v. Empire Silk Weaving Industries

15 Jan 2014 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court upheld an arbitral award, ruling that an explicit arbitration agreement and agreed exclusion of legal representation under Chamber bye-laws preclude jurisdictional challenges and do not vitiate the award.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 arbitral award jurisdiction

Sunil Vishwanath Madavi & Ors. v. The Chief Secretary, State of Maharashtra & Ors.

23 Dec 2013 · M.S. Sonak; Kamal Khata · 2024 SCC OnLine Bom 918
Cites 0 · Cited by 1

The Bombay High Court held that five buildings constructed without MMRDA permission and partly on government land are unauthorized and illegal, directing enforcement of demolition orders and rejecting invalid Panchayat permissions.

administrative petition_allowed Significant unauthorized construction MMRDA permission demolition orders government land encroachment

Cholamandalam MS General Insurance Co. Ltd. v. Charu Ashok Khandal

16 Dec 2013 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court upheld the MACT's award of Rs. 62.2 lakhs compensation for death due to accident-induced quadriplegia, affirming the nexus between injury and death and the admissibility of disability certificates as public documents.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 166 compensation quadriplegia

Sugee Developers v. The State of Maharashtra

14 Nov 2013 · Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court set aside the order recognizing tenancy rights over a small enclosed space under a staircase for lack of pre-1996 occupation proof, emphasizing strict adherence to Government Resolution requirements and imposing exemplary costs for abuse of process.

property appeal_allowed Significant tenancy rights cessed buildings Government Resolution 16 August 2010 occupation certificate

Sanjiv Manmohan Gupta v. State of Maharashtra

24 Oct 2013 · Sandeep V. Marne · 2023:BHC-AS:31454-DB

The Bombay High Court upheld the State Government’s administrative allotment of a hoarding site to Respondent No. 5, dismissing the petitioner’s challenge based on prior license from Western Railways and rejecting claims of arbitrariness.

administrative petition_dismissed hoarding site allotment administrative discretion judicial review licensee rights

Godson A. Rodrigues v. SVC Co-operative Bank Ltd.

17 Oct 2013 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the dismissal of a bank employee for fraudulently availing a housing loan, affirming the Labour Court’s findings and the proportionality of the penalty under Section 11A of the Industrial Disputes Act.

labor petition_dismissed Significant domestic enquiry housing loan fraudulent claim preponderance of probabilities

Lubna Shoukat Mujawar v. State of Maharashtra & Ors.

13 Oct 2013 · A. S. Chandurkar; Jitendra Jain
Cites 1 · Cited by 0

The High Court upheld cancellation of a Non-Creamy Layer Certificate obtained by false information but allowed the petitioner to retain her MBBS degree under interim orders, treating her admission as Open Category with fee adjustment.

constitutional appeal_dismissed Significant Non-Creamy Layer Certificate OBC category Admission cancellation False information

Digant Parekh (HUF) v. Akruti Kailash Construction & Ors.

16 Sep 2013 · Amit Borkar

The High Court held that a statutory Notification transferring appellate jurisdiction takes immediate effect divesting the earlier authority, and purchasers under a registered MOFA agreement are entitled to co-operative society membership despite unpaid dues or pending civil suits.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Maharashtra Ownership Flats Act, 1963 deemed membership registered agreement for sale

Electropneumatics And Hydraulics India Pvt. Ltd. v. Appasaheb M. Todmal

07 Sep 2013 · Sandeep V. Marne J.

The Bombay High Court held that wage settlements with recognized unions bind all workmen regardless of union membership, invalidating employer-imposed conditions of signing undertakings, and that complaints for enforcement of such settlements are not barred by limitation due to continuing cause of action.

labor appeal_dismissed Significant Industrial Disputes Act Section 18 recognized union wage settlement Letter of Acceptance

CREDAI-PUNE Metro v. The State of Maharashtra

31 Aug 2013 · Sunil B. Shukre; Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court held that under Pune Development Control Rules, roads do not qualify as built-up area for grant of TDR, and thus dismissed writ petitions seeking additional TDR for road construction.

administrative appeal_dismissed Significant Transferable Development Rights Floor Space Index Development Control Rules Built-up area

Sakharam Parvati Gaikwad & Ors. v. The State of Maharashtra

22 Aug 2013 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the murder convictions of two appellants based on credible eyewitness and medical evidence while acquitting two others due to insufficient proof of their involvement.

criminal appeal_partly_allowed Significant Section 302 IPC murder eyewitness testimony benefit of doubt

Anandrao Dinkar Pachundkar v. Hon’ble Minister for Revenue & Forest Department

31 Jul 2013 · Sandeep V. Marne

The Bombay High Court dismissed writ petitions challenging revenue authorities’ orders denying survey and mutation based on interpolated records, holding that title disputes must be resolved through civil suit and not writ proceedings.

administrative appeal_dismissed Significant Maharashtra Land Revenue Code 1966 Section 20(2) Section 59 city survey