High Court of Bombay
3,981 judgments
K. M. Realty v. Diamond Hill Co-Operative Housing Society Limited
The court upheld the injunction restraining the developer from constructing beyond the approved layout and MOFA agreements without fresh consent of flat purchasers, clarifying the scope of Sections 7 and 7A of MOFA regarding additional buildings.
Maruti Baburao Tambe v. The State of Maharashtra
The Bombay High Court held that a quasi-judicial authority may entertain a procedural review to cure breach of natural justice even without explicit statutory power, directing the authority to decide the pending review application after hearing the petitioners.
M/s. Terna Polytechnic v. Shri Ravi Bhadrappa Randale
The Bombay High Court held that uninterrupted service transferred between two educational institutions under the same management constitutes continuous service for gratuity calculation based on last drawn wages at final cessation.
Natvar T. Patel and others v. State of Maharashtra and others
The Bombay High Court set aside the Thane Municipal Corporation's regularisation order for unauthorized construction over a municipal drain, holding it illegal and an abuse of power.
Central Depository Services (India) Ltd. v. Rajendra Yeshwant Shah and Ors.
The Court held that execution proceedings of a decree under the Arbitration Act, 1940 are governed by the Code of Civil Procedure, making appeals maintainable under Letters Patent, and upheld liability of CDSL and Amu for breach of injunction in transferring shares.
Vijay Arvind Pore v. Rupali Ramdas Deshmukh
The High Court held that without evidence that hazardous goods were carried at the time of the accident, the insurance company remains liable to pay compensation despite the driver's lack of hazardous goods endorsement.
Gorai Nagar Maharashtra Grihanirman Vasahat Sanghatana v. State of Maharashtra
The Bombay High Court quashed the allotment of a public plot to a religious trust due to lack of public advertisement, arbitrariness, and violation of MHADA rules, emphasizing transparency and fairness in public land allotments.
Vishwanath Sakharam Churi v. Vijay Sakharam Churi
The High Court held that revision against an order rejecting application for rejection of Plaint under Order VII Rule 11(d) CPC lies under Section 34(4) of the Maharashtra Rent Control Act and dismissed the revision filed under Section 115 CPC.
M/s. K.G. Associates v. The District Deputy Registrar, Co-operative Societies, Pune
The Bombay High Court held that constructed bungalows qualify as flats under MOFA entitling the Society to deemed conveyance, while open plots do not, validating the Competent Authority's order and condemning breach of interim court orders.
Musa Mainuddin Varekar v. Seludhan Mistry
The Bombay High Court dismissed the petitioners' claim to tenancy rights over agricultural land, holding that prior admissions and final orders recognizing the respondent's occupancy preclude tenancy claims under the Maharashtra Tenancy Agricultural Lands Act.
Yusuf Yunus Kantharia v. Bombay Housing And Area Development Authority & Ors.
The Bombay High Court held that the State's failure to pay compensation for compulsory acquisition of property for over 36 years violates constitutional rights and directed immediate interim compensation and expeditious determination of final compensation under the MHADA Act.
Airports Authority of India Workers Union v. The Under Secretary
The Bombay High Court held that maternity leave benefits under AAI Regulations apply only to children born during service, entitling the petitioner to maternity leave despite having a child born before employment.
Narendra I. Bhuva v. Assistant Commissioner of Income Tax
The court upheld the Tribunal's finding that the vintage car was not a personal effect due to lack of evidence of personal use, making the gain on its sale taxable as capital gains.
The Commissioner of Income International Taxation-1 v. Alibaba.Com Singapore E-Commerce Private Ltd.
The Bombay High Court upheld the ITAT's finding that Alibaba.com Singapore is a tax resident of Singapore without a business connection or permanent establishment in India, and that subscription fees are not taxable as fees for technical services in India.
Nitin Chandrakant Patel v. Pariwar Co-operative Housing Society Ltd.
The Bombay High Court allowed a suit for specific performance and possession based on admissions by the defendants and held that limitation under Article 54 did not bar the suit in absence of fixed performance date or refusal.
Nitin Chandrakant Patel v. Pariwar Co-operative Housing Society Ltd.
The Bombay High Court allowed a suit for specific performance and possession based on admissions by the defendants and held that the suit was not barred by limitation under Article 54 of the Limitation Act.
Union of India v. Mahendra Nath Mishra
The Bombay High Court held that medical board opinions on disability attributability are not final and the Tribunal can grant disability pension if service connection is established, dismissing the Union of India's appeals.
Sugandha Bhaskar Barve & Ors. v. Firoze Fakruddin Samiwala
The court upheld the appellate decision setting aside eviction for non-payment of rent due to invalid demand notices under Section 15(2) of the Maharashtra Rent Control Act, 1999.
Amritlal P. Shah v. The TJSB Sahakari Bank Limited
The High Court refrained from deciding whether cooperative banks fall under the RDB Act for exclusive debt recovery jurisdiction, leaving the issue for a larger bench due to conflicting precedents and constitutional complexities.
Smita Ambalal Patel & Ors. v. Dr. Harshad N. Pandya & Ors.
The Bombay High Court upheld that disputes arising from rights attached to membership in a cooperative housing society, including allotment of additional FSI under society resolutions, fall within Section 91 jurisdiction, validating the MoUs and rejecting procedural and jurisdictional challenges.