High Court of Bombay

3,981 judgments

Year:

Kartik Regency Coop. Housing Society Ltd. v. The State of Maharashtra & Ors.

21 Mar 2009 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court allowed the writ petition directing the Competent Authority to grant Deemed Conveyance to the petitioner Co-operative Housing Society under Section 11 of MOFA, holding that the promoter’s failure to execute conveyance triggered the statutory remedy despite pending challenges to the Society’s registration.

property appeal_allowed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 Section 11 MOFA Co-operative Housing Society

Interocean Shipping (India) Pvt Ltd v. Oil & Natural Gas Corporation Ltd

12 Mar 2009 · G.S. Patel; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court dismissed Interocean's appeal, holding that the arbitral tribunal erred in contract interpretation by imposing liability on ONGC for repairs and improperly applying the contra proferentem rule, and set aside the excessive interest awarded.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 contra proferentem rule

Lonavala Khandala Citizens Forum v. Municipal Council of Lonavala

12 Mar 2009 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 1

The Bombay High Court upheld judicial oversight via an Expert Committee to regulate development in Lonavala-Khandala, ensuring infrastructure adequacy and environmental protection under Article 21.

administrative other Significant Lonavala-Khandala Municipal Council Unauthorized constructions Infrastructure development

Anant Keshav Rajegaonkar v. The State of Maharashtra

04 Mar 2009 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that failure to acquire reserved land within the statutory period after a valid Purchase Notice under Section 127 MRTP Act causes the reservation to lapse, invalidating any subsequent reservation.

administrative petition_allowed Significant Maharashtra Regional Town Planning Act Section 127 Purchase Notice Reservation lapsing

Govind Kondiba Tanpure & Ors. v. The State of Maharashtra & Ors.

05 Feb 2009 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.

The Bombay High Court dismissed a PIL challenging land allotment to a public trust on grounds of unexplained delay and laches but directed inquiry into alleged breach of lease conditions involving mortgaging of the land.

administrative petition_dismissed Significant Public Interest Litigation Article 226 land allotment Village Extension Scheme

The State of Maharashtra v. Sunita Shankarrao Vhatkar

21 Jan 2009 · Sandeep V. Marne
Cites 3 · Cited by 5

The Bombay High Court held that contract employees in government service cannot claim permanency solely on completing 240 days of service without sanctioned posts and proper procedure, but directed consideration of their regularization if the State Government decides to convert contract posts into regular ones.

labor appeal_allowed Significant permanency contract employees regularization Model Standing Orders Clause 4(C)

United India Insurance Company Ltd. v. Mr. Sanjay Prabhakar Davane

14 Jan 2009 · Shivkumar Dige

The Bombay High Court upheld the award of compensation to a claimant traveling as an owner of goods in a goods vehicle, rejecting the insurer's contention that he was a gratuitous passenger.

motor_accident_claims appeal_dismissed Significant gratuitous passenger owner of goods goods carriage vehicle motor accident compensation

Louis D’Souza v. Hotel King’s Palace

31 Dec 2008 · N. J. Jamadar

The High Court held that termination for union membership constitutes unfair labour practice within Industrial Court jurisdiction and allowed the complaint to proceed after petitioners deposit compensation received under settlement.

labor appeal_allowed Significant unfair labour practice trade union termination Industrial Court jurisdiction

The Municipal Corporation of Greater Mumbai v. Ashok Kisan Borade & Ors.

24 Dec 2008 · Sandeep V. Marne
Cites 5 · Cited by 0

The Bombay High Court held that eligibility for preferential treatment appointments under the Lad-Page Committee Scheme depends on the employee's designated post as specified in the Scheme, not on the nature of work performed, and set aside an Industrial Court order granting such appointment to the son of a retired Labour.

labor appeal_allowed Significant compassionate appointment preferential treatment appointment Lad-Page Committee Scheme designation vs nature of work

Alpana Sanjay Kolhatkar & Ors. v. Vijay Kumar Amrut Gone & Ors.

30 Nov 2008 · Madhav J. Jamdar

The Bombay High Court upheld the Additional Commissioner's order remanding an eviction case under Section 24 of the Maharashtra Rent Act for fresh evidence, affirming that registered licence agreements are conclusive but allowing trial on disputed facts.

property petition_dismissed Significant Maharashtra Rent Control Act Section 24 Leave and Licence Agreement Conclusive evidence

Manu @ Mohinder Madhuresh v. The State of Maharashtra

22 Oct 2008 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court dismissed the appeal and upheld the conviction and life sentence of the accused for the murder and sexual assault of a young woman, relying on consistent circumstantial evidence and thorough investigation.

criminal appeal_dismissed Significant Section 302 IPC Section 376 IPC circumstantial evidence murder

Rahul Vishwas Mahajan v. The State of Maharashtra & Ors.

10 Oct 2008 · A. S. Gadkari; Rajesh S. Patil
Cites 0 · Cited by 1

The Bombay High Court quashed criminal proceedings under Sections 498-A, 406, 506 IPC based on mutual settlement and consent terms, holding that continuation would be abuse of process of law.

criminal petition_allowed Significant Section 482 CrPC quashing of FIR Section 498-A IPC mutual settlement

Padmaja Pradip Walawalkar v. Sadanand Govind Bagave

31 Jul 2008 · Sandeep V. Marne

The Bombay High Court upheld the Maharashtra Revenue Tribunal’s order setting aside tenancy rights claimed under Section 4(2) of the Tenancy Act due to failure to produce mandatory circumstantial evidence and petitioner’s admission of non-possession.

property appeal_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 4(2) deemed tenancy circumstantial evidence

National Leasing Limited v. The Assistant Commissioner of Income

30 Jun 2008 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that rental income derived by a company whose principal business is leasing properties is taxable as business income, not as income from house property, overruling the Tribunal's reliance on East India Housing.

tax appeal_allowed Significant Income Tax Act, 1961 Income from House Property Profits and Gains of Business Rental Income

Paresh H. Mehta v. The Union of India

16 May 2008 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 19

The Bombay High Court quashed a 15-year-old show cause notice under the Customs Act due to inordinate and unexplained delay in adjudication and failure to comply with procedural requirements.

administrative petition_allowed Significant show cause notice inordinate delay Customs Act 1962 Section 112(a)

Mehboob Ayub Khan & Ors. v. Afzal Khan & Ors.

04 Apr 2008 · G.S. Patel; Gauri Godse

The Bombay High Court held that a subsequent suit filed without prior leave under Order II Rule 2 CPC on the same cause of action is barred, and dismissed the High Court suit challenging a Will for non-compliance with mandatory procedural requirements.

civil appeal_allowed Significant Order II Rule 2 CPC subsequent suit cause of action leave to sue

Bhanuchandra J. Doshi v. M/s. Motilal Oswal Securities Ltd. & M/s. R. Natwarlal Parekh Securities P. Ltd.

18 Mar 2008 · SOMASEKHAR SUNDARESAN

The Bombay High Court upheld arbitral awards under NSE bye-laws, holding the three-month deadline for awards is directory and rejecting claims of delay, back-dating, and unauthorized trades.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 NSE bye-laws Arbitral award deadline

Narhari Chandrayya Kanda v. Heren Damji Gala

10 Feb 2008 · Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court affirmed that tenancy rights devolve on legal heirs absent eviction or surrender, and the Court of Small Causes has exclusive jurisdiction over tenancy and possession suits under the Maharashtra Rent Control Act.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 tenancy rights Court of Small Causes jurisdiction declaration of tenancy

Neeta Shivaji Tekawade v. The Director; The State of Maharashtra

06 Feb 2008 · A.S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 4

The Bombay High Court held that the petitioner qualified for reservation under the sportsperson category as per the Government Resolution and quashed her appointment cancellation and related orders, directing reinstatement.

administrative appeal_allowed Significant sportsperson reservation Government Resolution 30th April 2005 National Championship Indian Olympic Committee

The Municipal Corporation of Gr. Mumbai v. Vidyavatidevi Ramnarayan Sahani

04 Feb 2008 · Jitendra Jain

The Bombay High Court upheld the quashing of a vague Section 354A notice issued by the Municipal Corporation for unauthorized repairs, emphasizing the mandatory requirement to pass a reasoned order upon receipt of a reply.

civil appeal_dismissed Significant Section 354A Mumbai Municipal Corporation Act notice quashing unauthorized construction municipal corporation powers