High Court of Bombay
3,981 judgments
Yasin Gulab Shikalkar v. Maruti Nagnath Aware & Ors.
The Bombay High Court allowed the petitioner’s writ petition directing re-measurement of disputed land by appointing a Court Commissioner under Order 41 Rule 27 CPC, rejecting the res judicata objection and emphasizing the appellate court’s power to admit additional evidence.
Maharashtra State Electricity Distribution Company Ltd. v. Supreme Metal Industries
The High Court held that unauthorized commercial use of electricity in industrial premises attracts mandatory twice-rate penalty under Section 126, and only the registered consumer or authorized person can appeal under Section 127, rejecting tenant's claim to consumer status.
Raptakos Breet & Company Ltd. v. Gajanan M. Sonawane
The Bombay High Court modified orders awarding back wages to a dismissed employee, directing lump sum compensation instead, affirming limited interference with Labour Court findings under Article 227.
National Iranian Tanker Company v. Bharat Petroleum Corporation Ltd
The Bombay High Court upheld an arbitral award holding a demurrage claim time-barred, ruling that correspondence on undisputed invoices did not reset the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996.
M/s. Satyam Construction v. Chief Controlling Revenue Authority and Ors.
The Bombay High Court held that stamp duty paid on a Development Agreement is refundable under the extended limitation period of the Proviso to Section 48(1) of the Maharashtra Stamp Act, treating such agreements on par with conveyances, and awarded interest on the refund.
Sanjay Prakash Mane v. The State of Maharashtra
The Bombay High Court acquitted appellants of murder charges due to unreliable eyewitness evidence but upheld their convictions for attempt to murder, granting benefit of doubt on the more serious offence.
Vijay Madhavrao Budhale v. Bhagoji Ganu Kamble
The Bombay High Court held that a suit for specific performance contingent on government permission is within limitation from refusal after notice, non-joinder of necessary co-owner parties is fatal, possession under Section 53-A requires actual possession per agreement, and directed refund of earnest money with interest while denying specific performance.
Everest Kanto Cylinder Ltd. v. Union of India
The Bombay High Court held that reopening of income tax assessment beyond four years is invalid without failure to truly and fully disclose material facts, quashing the reassessment notice issued to Everest Kanto Cylinder Ltd.
Sailappan Sodali Muthu v. The Municipal Corporation of Greater Mumbai
The Bombay High Court quashed a Section 314 notice issued by the Municipal Corporation for failure to specify the statutory contravention, holding such omission renders the notice without jurisdiction.
Manoj Madhav Limaye & Ors. v. State of Maharashtra & Ors.
The Bombay High Court upheld the municipal corporation's authority to levy regulatory license fees on sky signs and hoardings under the MMC Act post-GST, but struck down retrospective and arbitrary fee increases lacking proper approval.
Avinash Bharat Ahire v. The State of Maharashtra
The Bombay High Court set aside the Scrutiny Committee's invalidation of the petitioners' Scheduled Tribe claim, directing issuance of caste validity certificates based on substantial documentary evidence and clarifying that the affinity test is not conclusive.
M/s. IVY Jewellery Pvt Ltd v. Shri Chandresh Sampat
The Bombay High Court upheld the acquittal of the accused under Section 138 NI Act, holding that without assignment of liability, the accused cannot be held criminally liable for a dishonoured cheque issued by another.
Suvarna Netaji Patil v. Smita Ashok Patil
The Bombay High Court held that a Birth Certificate issued under the Registration of Births and Deaths Act is admissible evidence and that the appointing authority's acceptance of the birth date therein over conflicting school records cannot be interfered with, allowing the appeal and setting aside the earlier decrees invalidating the appointment.
Dilip Baburao Karape v. The Union of India
The Bombay High Court allowed the appeal holding that a lost ticket affidavit suffices to prove bona fide passenger status and that injury from falling in a crowded train compartment constitutes an untoward incident entitling the passenger to compensation.
Uday Bhanudas Gujar v. Madan Yeshwant Diwan & Ors.
The High Court held that the Divisional Commissioner lacked jurisdiction to cancel a sale permission under the Maharashtra Rehabilitation Act after execution of a registered sale deed, restoring the permission and validating the sale.
M/s. Satra Plaza Premises Co-op. Soc. Ltd. v. Navi Mumbai Municipal Corporation
The Bombay High Court held that revocation of an Occupancy Certificate without compliance with Section 51 of the MRTP Act and without hearing affected third parties is illegal, quashing the cancellation order and declaring the conditional NOC requirement invalid.
Lekha Ali Shaikh v. Chief Executive Officer, Office of the Cantonment Board
The Bombay High Court dismissed the petition challenging demolition of unauthorized construction in a Red Zone, holding that illegal structures cannot be regularized by deemed sanction or subsequent applications.
Sumitra Shridhar Khane v. State of Maharashtra
The Bombay High Court held that acquisition of land without compensation violates Article 300A, and delay cannot bar the right to compensation, directing the State to complete acquisition and pay compensation.
R. B. Bohora Educational & Welfare Trust v. Vijay Mundaware & Ors.
The High Court held that the Charity Commissioner exceeded jurisdiction under Section 41A by directing a public trust to issue a public apology unrelated to trust property or income, and quashed the impugned order.
Vibrant Securities Private Limited v. Income-tax Officer & Ors.
The Bombay High Court set aside the reopening notice under section 148 of the Income Tax Act for AY 2014-15, holding that the Assessing Officer failed to satisfy jurisdictional conditions and the reassessment was based on impermissible change of opinion.