High Court of Bombay

3,981 judgments

Year:

M.J. Exports Private Limited v. Joint Commissioner of Income Tax Special Range-23 Mumbai

31 Dec 2002 · Alok Aradhe; Sandeep V. Marne

Provision for doubtful debts representing diminution in asset value cannot be added back to book profit as reserve or liability under Section 115JA of Income Tax Act for AY 1997-98; appeal allowed.

tax appeal_allowed Significant provision for doubtful debts book profit Section 115JA Income Tax Act, 1961

M/s. Carona Limited v. Deputy Commissioner of Income Tax

23 Dec 2002 · Alok Aradhe, CJ; Sandeep V. Marne, J.
Cites 3 · Cited by 2

The Bombay High Court held that penalty under Section 271(1)(c) cannot be imposed for a bonafide but ultimately disallowed claim of crystallized bonus liability not paid in the relevant year, absent concealment or malafide intention.

tax appeal_allowed Significant Section 271(1)(c) penalty Income Tax Act 1961 concealment of income inaccurate particulars

Maharashtra State Electricity Distribution Company Limited v. Suhasini D. Naik

19 Dec 2002 · R. M. Joshi

The Bombay High Court held that an electricity company can revise bills to recover dues arising from bonafide mistakes like incorrect multiplying factor application, and meter readings cannot be challenged without proof of faultiness.

administrative appeal_allowed Significant Electricity bill revision Multiplying factor Bonafide mistake Section 56 Electricity Act 2003

Maharashtra State Electricity Distribution Company Limited v. M/s. Jamiya Mohamad Education Society

19 Dec 2002 · R. M. Joshi
Cites 0 · Cited by 3

The High Court held that while disconnection of electricity for dues older than two years is barred under Section 56(2) of the Electricity Act, the licensee can recover such dues through civil proceedings, setting aside the consumer forum's order that disallowed supplementary bills.

administrative appeal_allowed Significant Electricity Act 2003 Section 56(2) Electricity bill recovery Limitation period

Abhay Dushyant Desai v. M/s. K. C. Chheda & Co.

15 Dec 2002 · Sandeep V. Marne

The court held that to avoid eviction under Section 15(3) of the Maharashtra Rent Control Act, a tenant must deposit all arrears then due, including time-barred amounts, and pay rent regularly during suit pendency, remanding the matter for fresh consideration on these issues.

property remanded Significant Maharashtra Rent Control Act, 1999 Section 15(3) arrears of rent permitted increases

M/s. Bhor Industries Ltd. v. Vitthal Sahebrao Kumbhar & Ors.

01 Nov 2002 · Nitin Jamdar; M. M. Sathaye
Cites 4 · Cited by 0

The Bombay High Court upheld the validity of a delayed industrial dispute reference under Section 10 of the Industrial Disputes Act, holding that the existence of a dispute at the time of reference is decisive and delay alone does not extinguish the dispute.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 10 reference industrial dispute delay and laches

Morarji Hariram and Ors. v. M/s. Ramnik Dairy Farm and Ors.

13 Oct 2002 · Sandeep V. Marne

The High Court set aside the appellate order allowing belated amendment of the written statement after the plaintiff's death, holding such amendment caused severe prejudice and was not bona fide.

civil petition_allowed Significant amendment of written statement prejudice Maharashtra Rent Control Act Section 15

Milind Rajkumar Wagholikar v. Shankar Ramchandra Kirve

13 Oct 2002 · M.M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court allowed eviction under Section 13(1)(i) of the Bombay Rent Act on bona-fide requirement grounds, setting aside concurrent findings rejecting the landlord's claim.

civil appeal_allowed Significant bona-fide requirement Section 13(1)(i) Bombay Rent Act eviction

Commissioner of Sales Tax, Maharashtra State v. M/s. Associated Cement Company Limited

11 Oct 2002 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that HDPE bags used for packing cement were sold under an express and independent contract, making them separately taxable, and thus upheld the Tribunal's decision in favor of ACCL.

tax appeal_allowed Significant sale of packing material HDPE bags Bombay Sales Tax Act 1959 Section 15A

KEC International Limited v. Deputy Commissioner of Income Tax

08 Oct 2002 · M. S. Sonak; Jitendra Jain

The Bombay High Court upheld the CIT's revisional jurisdiction under Section 263, holding that the CIT must form an opinion on merits to revise an order and that observations made to satisfy jurisdiction do not constitute conclusive findings permitting merits challenge once the revisional order is final.

tax appeal_dismissed Significant Section 263 Income Tax Act Revisional jurisdiction Erroneous and prejudicial order Book profit computation

M/s. Navy Children School Secondary v. State of Maharashtra & Ratan Omprakash Charan

04 Oct 2002 · Sandeep V. Marne

The Bombay High Court held that non-extension of a long-term contractual employee's service without due process amounts to illegal termination, affirming Labour Court jurisdiction and substituting reinstatement with lump sum compensation.

labor appeal_allowed Significant Labour Court jurisdiction Industrial Disputes Act, 1947 contractual employee termination of service

Uma Ramji Tiwari v. Ashok Manilal Dubey Thr. Lrs. & Ors.

30 Sep 2002 · Sandeep V. Marne

The High Court upheld eviction of a tenant for default in payment of rent due to failure to deposit arrears along with interest and costs as mandated under Section 12(3) of the Bombay Rent Act, dismissing the revision petition.

civil appeal_dismissed Significant Bombay Rent Act Section 12(3) default in payment of rent eviction decree

First Global Stockbroking P Ltd. & Ors. v. R. M. Ramchandani & Ors.

31 May 2002 · K.R. Shriram; Arif S. Doctor

The High Court held that adjudication proceedings under the repealed FERA must be initiated by duly empowered officers within the two-year sunset period under FEMA, and show cause notices issued beyond this period or by unauthorized officers are invalid.

administrative appeal_allowed Significant Foreign Exchange Regulation Act, 1973 Foreign Exchange Management Act, 1999 Adjudicating Officer Adjudicating Authority

M/s. Borosil Glass Works Ltd. v. The Commissioner of Sales Tax

30 Apr 2002 · M.S. Sonak; Advait M. Sethna

The Bombay High Court upheld the 6% reduction on furnace oil purchases under Rule 41D(3)(a) of the Bombay Sales Tax Rules, rejecting the claim for full set-off on branch transfers.

tax appeal_dismissed Significant Rule 41D Bombay Sales Tax Rules furnace oil set-off 6% reduction

Pr. Commissioner of Income-Tax v. Godrej & Boyce Mfg. Co. Ltd.

31 Mar 2002 · DHIRAJ SINGH THAKUR; KAMAL KHATA · [2021] 130 taxmann.com 178 (SC)

The Bombay High Court upheld the ITAT's deletion of interest disallowance under section 14A read with Rule 8D, holding that the AO must record satisfaction before applying Rule 8D and that interest cannot be disallowed when sufficient interest-free funds exist.

tax appeal_dismissed Significant Section 14A Income Tax Act Rule 8D disallowance of interest expenditure interest-free funds

Kumar Shailendra Sinha & Ors. v. Union of India & Ors.

08 Feb 2002 · S.V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 0 · Cited by 2

The Bombay High Court upheld SPMCIL's promotion policy based on merit-cum-suitability and seniority, dismissing the petitioners' challenge to promotions effected through interview-based comparative assessment.

labor petition_dismissed Significant promotion merit-cum-seniority suitability seniority

Municipal Corporation of Greater Mumbai v. The Empire Building Occupants Welfare Association

30 Jan 2002 · M.S. Sonak; Advait M. Sethna
Cites 3 · Cited by 0

The Bombay High Court upheld an interim injunction protecting the plaintiff’s possession against forcible dispossession by MCGM without due process, emphasizing settled possession and discretionary restraint despite lease expiry disputes.

civil appeal_dismissed Significant interim injunction leasehold rights possession due process of law

New India Insurance Company Ltd. v. M/S. KLM Engineering Company Ltd.

02 Nov 2001 · Amit Borkar, J.

The Bombay High Court dismissed the revision petition, holding that the Estate Officer failed to apply proper mind in eviction proceedings under the Public Premises Act, emphasizing the necessity of prima facie satisfaction, fairness, and bona fide need by public authorities.

property petition_dismissed Significant Public Premises Act unauthorised occupation prima facie satisfaction eviction proceedings

Veena Estate Pvt. Ltd. v. Commissioner of Income-Tax

30 Oct 2001 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court upheld penalty under Section 271(1)(c) against a company for using a partnership and revaluation transactions as a device to evade tax, rejecting the appellant's claim of full disclosure.

tax appeal_dismissed Significant Section 271(1)(c) penalty concealment of income partnership firm device to evade tax

Dilip Bobde Patil v. Laksons India Private Limited & Ors.

17 Sep 2001 · Amit Borkar, J.

The High Court upheld the statutory right of flat purchasers to form an independent cooperative housing society under MOFA and the MCS Act, quashing the order rejecting registration for lack of parent society consent.

civil appeal_allowed Significant Maharashtra Ownership Flats Act Maharashtra Cooperative Societies Act cooperative housing society nominal membership