High Court of Bombay

3,981 judgments

Year:

Deputy Regional Director, Employees’ State Insurance Corporation v. M/s. Aashu Engineering Works

22 Feb 2010 · Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court upheld the imposition of damages under Section 85-B of the ESI Act, ruling that the order was passed after due hearing and proper consideration, and set aside the ESI Court's quashing of the damages.

administrative appeal_allowed Significant Section 85-B Employees' State Insurance Act, 1948 damages penalty

Maharashtra State Electricity Distribution Company Ltd v. Vashi Fantasia Business Park Premises Co-operative Society Ltd

16 Feb 2010 · Sandeep V. Marne
Cites 0 · Cited by 3

The Bombay High Court upheld CGRF orders allowing 24 separate LT electricity connections for VRF air conditioning systems in a commercial complex, rejecting the petitioner's insistence on a single HT connection under unique factual circumstances.

administrative petition_dismissed Significant Electricity connections High Tension connection Low Tension connection Variable Refrigerant Flow (VRF)

Kanhaiyalal Nathulal Joshi & Ors. v. Jagdish Harkishan Sharma

08 Feb 2010 · Sandeep V. Marne

The High Court upheld a temporary injunction restraining the defendant from dealing with disputed property based on changed circumstances, clarifying that fresh injunction applications require new facts and cannot revisit settled issues.

civil appeal_allowed Significant temporary injunction res judicata Order 39 Rule 4 CPC Deed of Confirmation

Laxman Mahadev Katkar v. The State of Maharashtra

06 Feb 2010 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that land acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, 1894, due to non-inclusion of subject lands in the award within two years and quashed the impugned order violating natural justice.

property petition_allowed Significant Land Acquisition Act, 1894 Section 11A lapse of acquisition proceedings natural justice

Eknath Shankar Kamble v. Chief Executive Officer, Zilla Parishad, Sangli

11 Jan 2010 · N.J. Jamadar
Cites 3 · Cited by 0

The Bombay High Court held that after a clean acquittal on merits, the suspension period of a public servant must be treated as duty period for retiral benefits, even if no disciplinary inquiry was held.

labor petition_allowed Significant suspension period honourable acquittal benefit of doubt retiral benefits

Mahadev Jarande & Ors. v. Rukmani Govindrao Khatmode & Ors.

21 Nov 2009 · Sandeep V. Marne

The High Court upheld the Minister-Revenue's order directing possession to respondents under a decree for partition and possession, rejecting petitioners' challenge based on a prior suit denying possession.

civil appeal_dismissed Significant possession partition execution of decree Section 54 CPC

Horizon Exhibitions And Events Pvt. Ltd. v. RMB Event Management Pvt. Ltd.

10 Nov 2009 · Jitendra Jain

The Bombay High Court held that non-filing of a resolution authorizing suit filing is a curable procedural defect and reversed the dismissal of the appellant's suit for recovery of money.

civil appeal_allowed Significant procedural irregularity authorization resolution curable defect dismissal of suit

Indiaideas.com Limited v. Supreme Chambers Condominium & Supreme Industries Limited

29 Oct 2009 · Sandeep V. Marne

The Bombay High Court held that a registered Declaration under the Apartment Ownership Act confers exclusive use rights over designated limited common areas, granting Indiaideas.com Limited a temporary injunction restoring possession of the Segment A terrace against the condominium association.

property appeal_allowed Significant Apartment Ownership Act limited common areas and facilities exclusive possession temporary injunction

Rangamma Soundappa Chetty v. Palaniswamy Obuli Chetty

28 Oct 2009 · Jitendra Jain

The High Court allowed the appeal and permitted the defendant to file a delayed written statement in a defamation suit, holding that erroneous service and clerical mistakes cannot prejudice the defendant's right to defend.

civil appeal_allowed Significant defamation suit condonation of delay service of summons written statement

Dhanaji Daragu Chudmunge v. The State of Maharashtra

22 Oct 2009 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed the Maharashtra Government Resolution delaying sugarcane farmers' FRP payments beyond 14 days, affirming mandatory timely payment under the Sugarcane (Control) Order, 1966 and related laws.

administrative appeal_allowed Significant Fair and Remunerative Price Sugarcane (Control) Order 1966 payment within 14 days Maharashtra Regulation of Sugarcane Price Act 2013

Digambar Shivaji Igave v. The State of Maharashtra

15 Oct 2009 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court discharged petitioners accused of manipulating recruitment marks due to insufficient material to raise grave suspicion or prove offences under the Prevention of Corruption Act and IPC.

criminal petition_allowed Significant discharge application prevention of corruption act forgery criminal conspiracy

CMA-CGM Agencies (India) Pvt. Ltd. v. Union of India

12 Oct 2009 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court quashed a decade-old show cause notice for service tax due to unreasonable delay and failure by authorities to adjudicate within a reasonable time after centralized registration.

tax petition_allowed Significant inordinate delay show cause notice service tax centralized registration

Brijbhushan Chandrabali Shukla v. Mahendra Yadav

23 Sep 2009 · Rajesh S. Patil

The Bombay High Court dismissed a belated interim application for monthly compensation at market rent during stay of eviction, holding such relief must be sought promptly after stay is granted and not after prolonged delay.

civil petition_dismissed Significant eviction decree stay of eviction interim compensation mesne profits

Bharat Petroleum Corporation Ltd. v. Balasaheb Hiralal Zad & Anr.

23 Sep 2009 · Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court dismissed the landlord's belated interim application for market rent during the pendency of an eviction appeal, holding such claims must be made within a reasonable time after admission of the appeal.

civil petition_dismissed Significant interim application market rent mesne profits eviction decree

The Commissioner of Customs (EP) v. M/s. Galaxy Surfaitants Ltd.

20 Sep 2009 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court upheld that use of imported duty-free materials within different units of the same company does not violate customs exemption conditions or advance license terms, dismissing the Revenue's appeal.

customs appeal_dismissed Significant actual user condition advance license customs duty exemption transfer within units

Chandrakant Shinde v. Maharashtra Gramin Bank

20 Jul 2009 · Sandeep V. Marne

The Court held that disciplinary proceedings under service regulations not notified under Section 13B of the Industrial Employment (Standing Orders) Act, 1946 are illegal, reinstated the applicability of Model Standing Orders, and set aside the dismissal while awarding partial back wages.

labor petition_allowed Significant Industrial Employment (Standing Orders) Act, 1946 Section 13B notification Model Standing Orders Service Regulations

The State of Maharashtra v. Vitthal Tulshiram Jadhav

25 May 2009 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court upheld the Tribunal's order directing counting of the respondent's past temporary service for pension, excluding the interruption period, under the Maharashtra Civil Services (Pension) Rules.

administrative appeal_dismissed Significant temporary service pension Maharashtra Civil Services (Pension) Rules, 1982 interruption in service

Venkateshwara Hatcheries Private Limited v. The Commissioner of Central Excise

15 Apr 2009 · G.S. Kulkarni; Rajesh S. Patil

The Bombay High Court allowed the appellant's appeal holding that veterinary and laboratory testing services incidental to commission agent services are exempt under Notification No. 13/2003 and that the extended limitation period for service tax demand was not invokable in absence of fraud or suppression.

tax appeal_allowed Significant Service Tax Business Auxiliary Services Commission Agent Notification No. 13/2003

Shivmoori Jagatdev Kushwaha v. Assistant Division Engineer

08 Apr 2009 · N.J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court upheld eviction of a petitioner occupying railway premises under a temporary agreement, affirming that railway property qualifies as public premises under the Public Premises Act, 1971, and dismissed challenges to procedural and jurisdictional aspects of the eviction.

property appeal_dismissed Significant Public Premises Act 1971 eviction public premises definition railway property

Laguna Resort Pvt. Ltd. v. Concept Hospitality Pvt. Ltd.

01 Apr 2009 · Sandeep V. Marne
Cites 3 · Cited by 0

The Bombay High Court upheld an arbitral award and held that time spent in prior arbitration proceedings set aside can be excluded under Section 43(4) of the Arbitration Act even if fresh arbitration arises under a different agreement or merged entity, and that jurisdictional objections not raised before the arbitrator cannot be belatedly raised before the Court.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 43(4) Limitation Arbitration Agreement