High Court of Bombay

3,981 judgments

Year:

Securities and Exchange Board of India v. Mahendra Shah

30 Sep 2005 · Sandeep V. Marne

The High Court held that the Special Court has discretion to reduce interest on SEBI penalty amounts under Section 24A, applying 6% interest pre-2013 and 12% post-2013, and that SEBI's consent is not mandatory for compounding offences.

criminal appeal_allowed Significant SEBI Act 1992 Section 24(2) Section 24A Section 28A

The New India Assurance Company Limited v. Dr. Shridhar Shripad Karandikar

28 Sep 2005 · Rajesh S. Patil

The High Court enhanced compensation for the death of a non-earning spouse in a motor accident, affirming liability of the truck owner and insurer, and clarified principles on notional income, future prospects, multiplier, and non-deduction of group insurance amounts.

civil appeal_allowed Significant motor accident claim compensation notional income future prospects

The New India Assurance Company Limited v. Dr. Shridhar Shripad Karandikar

28 Sep 2005 · Rajesh S. Patil

The High Court enhanced compensation in a fatal motor accident case, affirming liability of the truck driver for rash and negligent driving and clarifying principles for calculating compensation including future prospects and non-deduction of group insurance.

civil appeal_allowed Significant Motor Vehicles Act, 1988 Section 166 Motor Accident Claim Rash and negligent driving

Islamic Republic of Iran v. K.T. Steel Industries LLP

26 Sep 2005 · K.R. Shriram; Rajesh S. Patil

The Bombay High Court dismissed the application for condonation of delay and upheld the ex parte decree against the Islamic Republic of Iran, holding that proper service was effected and the Applicant failed to provide a satisfactory explanation for the delay or valid defense.

civil petition_dismissed Significant condonation of delay foreign State service of summons sovereign immunity

Buniya Devi Chauhan v. The General Manager, Central Bank of India

24 Aug 2005 · Milind N. Jadhav

The Bombay High Court upheld the State Consumer Commission's order directing the bank to refund compensation to an illiterate widow after fraudulent withdrawals from a joint account, emphasizing bank negligence and regulatory violations.

civil appeal_allowed Significant joint account either or survivor bank negligence consumer dispute

Bagoria v. Kirad

16 Aug 2005 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court dismissed the revision petition challenging eviction decrees under the Maharashtra Rent Control Act, holding that mandatory rent arrears deposit with interest and costs was not complied with, unlawful subletting was established, and bona fide requirement was proven, thereby upholding eviction.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 3 exemption Section 15(3) rent deposit unlawful subletting

New India Assurance Co. Ltd. v. Gayatridham Phase Co-op. Housing Society

04 Aug 2005 · SOMASEKHAR SUNDARESAN, J.
Cites 0 · Cited by 2

The Bombay High Court upheld the National Consumer Commission’s order directing New India Assurance to pay insurance claim compensation, rejecting insurer’s limitation and non-payment of premium defenses due to its own operational negligence.

consumer_protection petition_dismissed Significant limitation consumer protection insurance policy renewal premium payment

Shri Sakharam Mahadev Jadhav and Ors v. State of Maharashtra and Ors

25 Jul 2005 · M.S. Sonak; Kamal Khata

The Bombay High Court held that failure to take acquisition steps within the statutory period after a purchase notice under Section 127 MRTP Act results in automatic lapsing of land reservation, directing the State to notify the lapsing accordingly.

administrative petition_allowed Significant Maharashtra Regional and Town Planning Act, 1966 Section 127 Reservation lapsing Purchase notice

Akshay Uttam Gaikwad v. State of Maharashtra

18 Jul 2005 · M.S. Karnik; S.M. Modak
Cites 0 · Cited by 1

The Bombay High Court allowed the petitioner’s claim for a Scheduled Tribe caste validity certificate based on valid certificates issued to close blood relatives, setting aside the Scrutiny Committee’s invalidation order.

administrative petition_allowed Significant Scheduled Tribe Certificate Caste validity certificate Scrutiny Committee Vigilance cell enquiry

Siddharth Constructions v. The State of Maharashtra

14 Jun 2005 · G. S. Patel; Sharmila U. Deshmukh

The Bombay High Court upheld the termination of Siddharth Constructions as developer for default in transit rent payments and delay under section 13(2) of the Maharashtra Slum Areas Act, dismissing its writ petition challenging the decision.

administrative petition_dismissed Significant Slum Rehabilitation Authority Section 13(2) Slum Act transit rent slum rehabilitation scheme

Aliasgar Ramzan Dekhani v. Maharashtra State Board of Waqfs

30 Dec 2004 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that mere registration of a Muslim Public Trust under the Maharashtra Public Trusts Act does not automatically convert it into a Waqf under the Waqf Act, and set aside the Waqf Board's registration order made under Section 43 of the Waqf Act for lack of jurisdiction.

administrative appeal_allowed Significant Waqf Act, 1995 Section 43 Waqf Act Maharashtra Public Trusts Act, 1950 Deeming fiction

Aliasgar Ramzan Dekhani v. Maharashtra State Board of Waqfs

30 Dec 2004 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court held that mere registration of a Muslim Public Trust under the Maharashtra Public Trusts Act does not automatically convert it into a Waqf under Section 43 of the Waqf Act, 1995, and set aside the Waqf Board's registration and the Tribunal's dismissal of the challenge thereto.

administrative appeal_allowed Significant Waqf Act, 1995 Section 43 Waqf Act Maharashtra Public Trusts Act, 1950 Deeming fiction

Aliasgar Ramzan Dekhani v. Maharashtra State Board of Waqfs

30 Dec 2004 · Sandeep V. Marne

The Bombay High Court held that mere registration of a Muslim Public Trust under the Maharashtra Public Trusts Act does not automatically convert it into a Waqf under Section 43 of the Waqf Act, 1995, and set aside the Waqf Board's registration order and the Tribunal's dismissal of the challenge thereto.

administrative appeal_allowed Significant Waqf Act, 1995 Section 43 Waqf Act Maharashtra Public Trusts Act, 1950 Deeming fiction

Mr. Arun Kumar Ohri v. Mr. Rajendra W. Khanna

27 Dec 2004 · M.S. Sonak; Advait M. Sethna

The Bombay High Court upheld the Competent Authority’s jurisdiction to award and enforce damages under Section 24(2) of the Maharashtra Rent Control Act, dismissing the appellant’s challenge to execution proceedings as an abuse of process.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 24(2) Competent Authority damages

Subramaniyan Kanakkan v. The State of Maharashtra

17 Dec 2004 · A. S. Chandurkar; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court upheld the Maharashtra Administrative Tribunal's refusal to condone a five-year delay in filing a service-related Original Application, holding that pre-existing causes and the Covid-19 pandemic do not justify delay beyond the prescribed limitation period.

administrative petition_dismissed Significant condonation of delay Administrative Tribunal Act, 1985 Time Bound Promotion limitation period

Babu Abdul Ruf Sardar v. The State of Maharashtra

03 Dec 2004 · Amit Borkar, J.

Bail was denied to an accused facing serious charges of illegal entry and forged identity documents, emphasizing that possession of identity cards does not establish citizenship and the burden lies on the accused to prove lawful citizenship.

criminal appeal_dismissed Significant regular bail illegal entry forged documents Indian citizenship

Volvo Group India Pvt. Ltd. v. The Union of India

06 Sep 2004 · K. R. Shriram; Jitendra Jain
Cites 0 · Cited by 12

The Bombay High Court held that procedural non-compliance under rebate notifications cannot justify rejection of excise duty rebate claims if substantive conditions are met and remanded the matter for fresh consideration on merits.

tax appeal_allowed Significant Rebate of excise duty Rule 18 Central Excise Rules 2002 Notification No. 21/2004 Procedural vs substantive conditions

Pooja Manish Shah v. Municipal Corporation for Greater Mumbai & Ors.

27 Aug 2004 · M. S. Sonak; Kamal Khata

The Bombay High Court upheld the scrutiny committee's cancellation of a caste certificate obtained through fraudulent identity claims, emphasizing limited judicial interference in factual findings under Article 226.

constitutional petition_dismissed Significant caste certificate scrutiny committee reserved category benefits judicial review

Abdul Rehman Adam Dawa & Ors. v. District Deputy Registrar of Coop. Societies, K-West Ward, Mumbai Suburban District & Ors.

30 Jul 2004 · Amit Borkar

The Bombay High Court allowed bifurcation of a building from a large cooperative housing society under Section 18 of the Maharashtra Cooperative Societies Act, holding that the petitioners satisfied the legal tests of collective welfare, better administration, and long-term stability.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 18 bifurcation cooperative housing society

Sadguru Universal CHS Ltd. v. The State of Maharashtra

30 Jul 2004 · Amit Borkar
Cites 0 · Cited by 3

The Bombay High Court held that registration of separate cooperative societies for commercial and residential units in a single building is permissible only upon factual proof of genuine physical and functional separation, and remanded the matter for fresh inquiry.

property remanded Significant Maharashtra Ownership Flats Act, 1963 Maharashtra Cooperative Societies Act, 1960 cooperative housing society registration separate societies for commercial and residential units