High Court of Bombay

3,981 judgments

Year:

Vitesco Technologies India Pvt. Ltd. v. Christopher Francis Dais

24 Jul 2013 · Sandeep V. Marne

The Bombay High Court held that the Controlling Authority has jurisdiction under the Payment of Gratuity Act to adjudicate gratuity claims arising from better contractual terms under Section 4(5), dismissing the employer’s challenge.

labor petition_dismissed Significant Payment of Gratuity Act, 1972 Section 4(5) Section 7 jurisdiction contractual gratuity

The BEST Workers Union v. The BEST Undertaking

18 Jun 2013 · Amit Borkar

The Bombay High Court held that only the recognised Representative Union can prosecute collective industrial disputes under the MIR Act, and unrecognised unions cannot represent collective disputes even if termination issues are involved.

labor appeal_allowed Significant recognised union unrecognised union collective dispute Maharashtra Industrial Relations Act, 1946

Pralhad Balkrishna Balghare v. Suryakant Balkrishna Balghare

17 Jun 2013 · N.J. Jamadar
Cites 1 · Cited by 0

The High Court upheld injunction restraining alienation of ancestral joint family property on the basis that a coparcener cannot validly gift his undivided interest prior to actual partition under the Hindu Succession Act.

property petition_dismissed Significant joint family property coparcener notional partition Hindu Succession Act 1956

Abhyudaya Dnyanvardhini Sanstha v. Chandrakant Shrirang Gaikar

13 Jun 2013 · Amit Borkar

The Bombay High Court upheld the setting aside of a teacher's termination due to biased inquiry proceedings and ordered reinstatement with back wages, emphasizing the necessity of impartiality in disciplinary inquiries.

labor appeal_dismissed Significant disciplinary inquiry bias nemo judex in causa sua back wages

Evershine Enterprises v. Union of India

13 Jun 2013 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 5

The Bombay High Court held that under the Sabka Vishwas Scheme, authorities must verify and adjust predeposited or recovered amounts before determining tax dues, quashing the impugned demand for failure to do so.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Finance Act 2019 Section 124(2) predeposit adjustment

M/s. Forbes Gokak Ltd. v. Bharat Petroleum Corporation Limited

26 Apr 2013 · Sandeep V. Marne

The Bombay High Court upheld the quantum of mesne profits payable by BPCL but reduced the interest rate from 9% to 6% per annum, holding the transaction was not commercial under Section 34 CPC, and directed exclusion of interim payments in interest calculation.

civil appeal_allowed Significant mesne profits Section 34 CPC commercial transaction interest rate

Vallabhnagar Co-operative Housing Society Limited v. State of Maharashtra & Ors.

05 Apr 2013 · Amit Borkar
Cites 0 · Cited by 1

The court held that a cooperative housing society’s demand for lease premium is subject to statutory ceilings under Section 79A, and membership cannot be denied if statutory dues and formalities are complied with, dismissing the petition challenging grant of membership.

civil petition_dismissed Significant Maharashtra Cooperative Societies Act Section 79A lease premium transfer of membership

PVR Limited v. State of Maharashtra

04 Apr 2013 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that Government Orders prohibiting collection of convenience fees on online cinema ticket bookings lack statutory authority and violate the fundamental right to carry on business under Article 19(1)(g), and thus quashed the impugned orders.

constitutional petition_allowed Significant convenience fee online ticket booking Maharashtra Entertainment Duty Act, 1923 Article 19(1)(g)

State of Maharashtra v. Surendra G. Ghodake

26 Mar 2013 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 1 · Cited by 0

The Bombay High Court held that an employee dismissed due to criminal conviction set aside by compromise is not entitled to full back wages upon reinstatement, affirming the discretionary nature of such payments under service rules.

service_law appeal_allowed Significant back wages reinstatement criminal conviction compromise acquittal

Pr. Commissioner Of Income Tax-1 v. SVD Resins & Plastics Pvt. Ltd.

12 Mar 2013 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 1 · Cited by 8

The Bombay High Court dismissed the revenue's appeals, holding that additions under Section 69C require specific proof of bogus transactions and that general information from Sales Tax authorities is insufficient to discard entire purchases.

tax appeal_dismissed Significant Section 69C Income Tax Act bogus purchases addition to income genuineness of transactions

SLS Energy Pvt. Ltd. v. Income Tax Officer & Ors.

22 Feb 2013 · Dhiraj Singh Thakur; Kamal Khata
Cites 2 · Cited by 0

The Bombay High Court held that reopening income tax assessments for pre-2013-14 years on the ground of excessive share premium is unjustified without tangible material, as share premium is a capital receipt and relevant statutory amendments are prospective.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Reassessment Share premium

M/s. Parle Products Ltd. v. Union of India

14 Feb 2013 · M. S. Sonak; Jitendra Jain
Cites 1 · Cited by 3

The Bombay High Court held that exported biscuits not bearing retail sale price in rupees are not exempt under notification No.3/2006-CE, entitling the manufacturer to rebate of excise duty paid, and directed refund of duty retained without authority of law.

tax petition_allowed Significant Central Excise Act, 1944 exemption notification No.3/2006-CE retail sale price exported goods

Roma Ramesh Kamble v. The State of Maharashtra & Ors.

02 Feb 2013 · Sandeep V. Marne
Cites 3 · Cited by 1

The Bombay High Court upheld that contract workers at minority girls' hostels have no right to regularization or permanent status absent sanctioned permanent posts, following the Apex Court precedent in State of Maharashtra v. Anita.

labor appeal_dismissed Significant contractual appointment regularization permanent posts Government Resolution

Noor Ahmed Mohammed Bagwan v. State of Maharashtra

31 Jan 2013 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld the conviction of the appellant for murder based on a complete chain of circumstantial evidence including motive, last seen theory, recovery of the body, and medical proof of homicidal death.

criminal appeal_dismissed Significant circumstantial evidence last seen together theory motive homicidal death

M/S. FAIME MAKERS PVT.LTD v. DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES (3), MUMBAI

30 Dec 2012 · Sandeep V. Marne

The Bombay High Court upheld the competent authority’s order granting Deemed Conveyance of leasehold rights to a housing society, rejecting the petitioner’s objections on maintainability, promoter status, and area conveyed.

property petition_dismissed Significant Deemed Conveyance leasehold rights Maharashtra Ownership Flats Act, 1963 promoter obligations

Rajendra Tribhuvandas Navare v. Solapur Municipal Corporation

21 Dec 2012 · N.J. Jamadar · 2024:BHC-AS:1567-DB

The Bombay High Court held that the Industrial Court erred in dismissing a labour complaint solely on res judicata without framing the issue earlier or adjudicating substantive claims, and ordered fresh adjudication.

labor appeal_allowed Significant res judicata unfair labour practices permanency equal pay for equal work

Mercedes-Benz India Pvt. Ltd. v. Noshir Nani Desai

24 Oct 2012 · Sandeep V. Marne

The Bombay High Court held that service during foreign assignment with a group company is continuous service for gratuity purposes and directed computation of gratuity based on basic salary under the Payment of Gratuity Act, dismissing challenges to the Appellate Authority's remand order.

labor appeal_dismissed Significant Payment of Gratuity Act, 1972 continuous service foreign assignment basic salary

Sambhaji Bhagwan Bade v. The State of Maharashtra

23 Oct 2012 · S.M. Modak
Cites 1 · Cited by 0

The Bombay High Court upheld the conviction for rash and negligent driving causing death, modified the sentence to the period already served, and held that lacunae in 313 CrPC statements can be cured by additional questioning in revision.

criminal sentence_modified Significant Section 313 CrPC revision jurisdiction identity of accused rash and negligent driving

Mahadu Lahanu Bhoye v. General Manager F.D.C.M.L. Ltd.

16 Oct 2012 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court dismissed the petition challenging rejection of absorption of a daily wage worker who failed to meet the mandatory service condition under the Government Resolution dated 16 October 2012, reaffirming that regularization requires strict adherence to scheme criteria and constitutional mandates.

labor petition_dismissed Significant regularization daily wage workers absorption Government Resolution 16 October 2012

Emkay Global Financial Services Limited v. Assistant Commissioner of Income Tax

05 Oct 2012 · K. R. Shriram; Kamal Khata
Cites 0 · Cited by 4

The Bombay High Court held that reassessment under Section 148 after four years is impermissible without failure to disclose material facts, quashing the reopening notice as a mere change of opinion.

tax petition_allowed Significant Section 148 Income Tax Act Section 147 proviso reassessment failure to disclose material facts