High Court of Bombay
3,981 judgments
Unique Integrated Transport & Management Consultancies Pvt. Ltd. v. Mahanagar Telephone Nigam Ltd.
The Bombay High Court set aside a dismissal of suit based on res judicata invoked for the first time at judgment stage without issue framing or notice, emphasizing the necessity of pleading and opportunity to address such defence.
Kalsumbibi Kashim Khanbande v. Abdul Rahiman Fakir Patel
The court upheld the dismissal of the appellant's suit for additional share in acquired land and compensation, holding that execution of a Development Agreement and admissions amounted to relinquishment of claims to deficit area.
Emerson Climate Technologies (India) Pvt. Ltd. v. Bharatiya Kamgar Karmachari Mahasangh
The Bombay High Court held that contract workers engaged through a contractor were direct employees of the principal employer due to sham contract and control, granting them permanency from the date of the Award while limiting retrospective benefits.
Blue Haven Co-op. Housing Society Ltd. v. The State of Maharashtra
The Bombay High Court upheld the rejection of a cooperative housing society's Bye-law amendment imposing a 5% community membership cap as inconsistent with statutory provisions mandating open membership and not in the society's interest.
Purnima Bhanuprasad Gohil v. State of Maharashtra
The Bombay High Court held that the time during which a document is in court custody and the period taken by stamp authorities for adjudication must be excluded from the four-month limitation period under Section 23 of the Registration Act, allowing registration of the Settlement Deed presented beyond four months.
Abbott India Limited v. Assistant Commissioner of Income-tax Circle 2(1)(1)
The Bombay High Court held that reopening of income tax assessment for AY 2008-09 was invalid as the statutory provisions and circular relied upon were not applicable retrospectively and the petitioner had disclosed all material facts, thus quashing the reopening notice and related order.
Indian Institute of Architects Navi Mumbai Center v. The City & Industrial Development Corporation Ltd
The Bombay High Court upheld CIDCO's authority to change land use within its nodal plan and allot land for commercial purposes while directing the State Government and CIDCO to ensure adequate land is allocated free of cost to NMMC for developing an international standard sports complex in Navi Mumbai.
Shri Hari Ashram v. Vijay Jayantilal Patel & Anr.
Trustees of a public charitable trust can sue trespassers for recovery of possession of trust property without prior consent of the Charity Commissioner under the Bombay Public Trusts Act, 1950.
M/s. Bassein Metals Pvt. Ltd. v. The National Small Industries Corpn. Ltd.
The Bombay High Court upheld the winding up of a company unable to pay admitted debts despite acquittals in related criminal cases, emphasizing that civil liability and unchallenged decrees justify liquidation under Section 433(e) of the Companies Act.
Dilip Jasaramji Mali v. Ramesh Ganesh Saxena
The Bombay High Court held that eviction suits for rent default require a valid demand notice under section 15(2) of the Maharashtra Rent Control Act, and stale notices followed by accepted rent payments cannot sustain eviction decrees.
Wavy Construction LLP v. Asst. Commissioner of Income-tax, Circle-22(1) & Ors.
The Bombay High Court held that the reassessment order passed within twelve months of its remand order is valid and not barred by limitation under Section 153(6) of the Income Tax Act, dismissing the petition challenging the same.
Kusum Ramesh Shrike v. Kashinath Anna Jaigude
The Bombay High Court held that a mortgagee, even without ownership or prior possession, is entitled to recover possession from a gratuitous licensee, affirming the appellate court's order directing possession in favor of the mortgagee.
Oil and Natural Gas Corporation Limited v. Jindal Drilling and Industries Limited
The Bombay High Court dismissed ONGC's appeals challenging the arbitral award in favor of Jindal after the reconstituted Arbitral Tribunal upheld Jindal's jurisdictional plea, rejecting ONGC's attempt to link Jindal and Discovery under the group of companies doctrine.
Awaaz Foundation v. Union of India & Ors.
The Bombay High Court directed the Union and State Governments to promptly declare the Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive Area, rejecting the sufficiency of Conservation Reserve status and emphasizing urgent protection of this critical wildlife corridor.
Mahendra Sabharu Majhi v. M/s. Mahlaxmi Enterprises & The Bajaj Allianz General Insurance Co. Ltd.
The Bombay High Court held that a disability certificate issued by a qualified medical practitioner who did not treat the injured is valid for compensation claims under the Employees’ Compensation Act, 1923, and remanded the matter for fresh consideration.
Saudi Arabian Airlines v. The General Secretary, Saudi Arabian Airlines Employees Association
The Bombay High Court upheld the Industrial Tribunal’s award setting aside the termination of security staff by Saudi Arabian Airlines, holding that BCAS did not prohibit self-handling of security functions and that the employer failed to comply with statutory closure and retrenchment procedures.
Shakuntala Tilakdhari Gupta v. Shri Jawaharlal R. Gupta
The court held that a driver hired even for a short duration qualifies as an employee under the Employees' Compensation Act, and the employer-employee relationship was established based on the FIR and circumstances, allowing the compensation claim.
Jagruti Mahila Bachat Gat v. The Deputy Controller, Rationing Department
The Court upheld the appellant's continued operation of a ration shop allotted under statutory conditions despite procedural irregularities, emphasizing due process and uniform application of rules by authorities.
Union of India v. S.C. Jain
The Bombay High Court upheld the CAT's order setting aside disciplinary action for failure to provide tentative reasons and opportunity before finalizing guilt under Railway Servants Rules, reinforcing natural justice principles.
MahaOnline Limited v. Aksentt Tech Services Limited
The Bombay High Court upheld the arbitral award holding that the Petitioner was contractually liable to pay the Respondent despite delayed payments from the Government, rejecting the Petitioner's challenge under Section 34 of the Arbitration Act.