High Court of Bombay
5,131 judgments
Yuvraj Ananda Kamble & Ors. v. The State of Maharashtra
The Bombay High Court held that transfers of employees from unaided to aided schools are not fresh recruitments and that Rule 41 of MEPS Rules applies to both teaching and non-teaching staff, directing approval of such transfers despite the Government's ban on fresh recruitment.
Smt. Sushama Arun Patil v. The State of Maharashtra & Ors.
The Bombay High Court held that a minister lacks jurisdiction to interfere in Zilla Parishad transfers and quashed a transfer order passed without hearing, restoring the petitioner to her original posting.
M/s. Tata Steel Ltd. v. Maharashtra Shramjivi General Kamgar Union
The Bombay High Court held that the Industrial Court lacks jurisdiction to entertain unfair labour practice complaints under the MRTU & PULP Act when the employer-employee relationship is disputed and not established, requiring such disputes to be adjudicated under the Industrial Disputes Act.
Kalpatatru Plus Sharyans v. Deputy Commissioner of Income Tax
The Bombay High Court quashed the reopening of income tax assessment beyond four years where the Assessing Officer failed to show non-disclosure of material facts, holding that mere change of opinion does not justify reassessment.
Kalpataru Limited v. Deputy Commissioner of Income Tax Central Circle 5 (3)
The Bombay High Court held that reopening of income tax assessment beyond four years requires tangible material showing failure to fully and truly disclose material facts, and mere change of opinion by the Assessing Officer is insufficient to justify reopening.
M/s. Hindustan Unilever Ltd. v. Deputy Commissioner of Income Tax
The Bombay High Court held that reopening of income tax assessment beyond four years is invalid if the assessee has fully and truly disclosed all material facts, and a mere change of opinion by the Assessing Officer cannot justify reassessment.
Sanjeev Nagnath Upade v. The Commissioner of Police
The Bombay High Court quashed a preventive detention order due to unexplained delay and non-furnishing of vital documents, affirming strict compliance with constitutional safeguards under Article 22(5).
Mallinath Shivanand Zalke v. The State of Maharashtra
The Bombay High Court held that a Magistrate cannot condition the release of a seized vehicle under Section 457 CrPC on the outcome of separate revenue proceedings or indemnity bond execution.
Vallurupalli Raja Sekhar Reddy & Ors. v. The State of Maharashtra & Anr.
The Bombay High Court held that a Company Secretary cannot be held liable under Section 141 of the Negotiable Instruments Act without specific averments that he was 'in charge' of the company’s business or that the offence was committed with his consent, connivance, or negligence, and quashed the complaint against him.
Smt. Anjanabai Gopal Tathe v. Bharati Shankar Urankar & Ors.
The court held that subsequent purchasers cannot obstruct execution of a decree declaring a sale deed void, and directed expeditious delivery of possession to the decree-holder despite procedural objections.
Navneet Singh Gogia and Anr. v. Rahul C. Chandak
The Bombay High Court held that under amended Section 148 of the Negotiable Instruments Act, appellate courts can direct interim compensation deposit pending appeal even after bail is granted without such direction.
Karishma Imraan Khan Mujawar v. The State of Maharashtra
The Bombay High Court allowed a writ petition directing issuance of caste validity certificate to a Muslim Kasai woman, holding that post-independence documents and Vigilance Cell reports must be duly considered in caste claims where caste is not customarily recorded.
Kunjumon Shivarajan Panicker v. Chandravadan Pranlal Doshi & Ors.
The Bombay High Court allowed legal heirs of a deceased executor-beneficiary to be impleaded and permitted conversion of probate proceedings into Letters of Administration with Will annexed, enabling continuation of the claim after the executor's death.
Siddharth Pitabas Nayak v. Union of India & Ors.
The Bombay High Court held that sealed cover procedure for withholding promotion applies only after issuance of chargesheet, not merely on pendency of vigilance enquiry, and directed promotion of the petitioner accordingly.
Reliance General Insurance Company Ltd. v. Seven Islands Shipping Ltd.
The Bombay High Court dismissed the insurer’s writ petition upholding concurrent consumer commission orders enforcing an insurance claim, holding that damage due to wear and tear is not an accident, warranty breach was not established, and jurisdictional objections to single member bench were belated and untenable.
Shamrao Tayappa Dhavare v. Education Officer (Sec)
The Bombay High Court held that a primary school teacher appointed under the 25% category is entitled to higher pay scale from the date of acquiring B.Ed. qualification, not from the earlier administrative direction.
Dnyansagar Shikshan Prasarak Mandal & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that accrued rights to sanction non-teaching posts in private aided primary schools under the repealed Bombay Primary Education Act survive repeal and must be honored despite the RTE Act, quashing the State's refusal to sanction such posts.
Raigad Co-operative Housing Society Limited v. Suman Eknath Gaike
The court held that the mandatory notice under Section 164 of the Maharashtra Co-operative Societies Act is procedural and waivable, upheld the grant of temporary injunction to the property owner, and dismissed challenges to the suit's maintainability and injunction.
Atul Kanhaiyalal Surana and Ors. v. Suresh Dnyanoba Khedekar and Ors.
The Bombay High Court quashed the re-investigation and charge-sheet filed without leave of court, upheld the initial 'A' summary report, and clarified that only further investigation, not re-investigation, is permissible under Section 173(8) CrPC.
Shivaji Pandurang Chumbhale v. The Administrator, CIDCO
The Bombay High Court held that CIDCO waived its right to claim delayed payment charges by accepting late payments without objection and directed possession to be handed over upon payment of interest only until the date of full payment.