High Court of Bombay
3,981 judgments
Gammon India Limited v. Konkan Railway Corporation Ltd.
The Bombay High Court upheld the setting aside of an arbitral award on claims relating to electricity charges, price variation, and excavation costs, affirming limited judicial interference under Sections 34 and 37 of the Arbitration Act.
Anwar Liyakat Khan v. Ramesh Dattatraya Dhone
The High Court held that a consent decree obtained by fraud can be recalled by the court which passed it, even on application by third parties, and that the bar on suits under Order XXIII Rule 3A CPC applies to all, but does not preclude recall applications under Section 151 CPC.
Genarosa A. Annes and Ors. v. Haji Esmail Haji Essa Supariwala and Ors.
The High Court upheld eviction of tenant from part of premises after finding tenancy was split by surrender of other portions by joint tenant, rejecting plea of indivisible tenancy and invalid demand notice.
Suhas Damodar Sathe v. The State of Maharashtra & Ors.
The Bombay High Court held that a development agreement conferring extensive proprietary rights constitutes a conveyance under the Maharashtra Stamp Act, attracting higher stamp duty and penalty.
M. Yogeshwar Raj v. Air India Limited
The Bombay High Court held that writ petitions under Article 226 are not maintainable against Air India Limited post-privatization as it ceased to be a 'State' under Article 12, while recognizing the limited scope of writ jurisdiction against private entities performing public functions.
Vithoba Bua Sodmise and Ors. v. Maharashtra Revenue Tribunal and Ors.
The court upheld the rejection of a tenancy case that sought to reopen a compromise decree, holding such proceedings barred by res judicata and dismissing the petition challenging the same.
Milton Plastics Limited v. Mudit Nagpal & Ors.
The Bombay High Court held that reopening of income tax assessment beyond four years without tangible material showing failure to disclose material facts is invalid and quashed the reassessment notice and order for Assessment Year 1997-98.
M/s. S V Jadhav v. The Income Tax Officer Ward 1, Sangli
The Bombay High Court quashed the reassessment notice and order under Section 148 of the Income Tax Act, 1961, holding that the Assessing Officer lacked valid reason to believe that income had escaped assessment after accepting the assessee's explanation.
Suresh Dnyane Tanpure v. Deputy Collector, Rehabilitation
The Bombay High Court dismissed petitions seeking alternate land allotment under the 1999 Act for land acquired in 1989, holding the Act is not retrospective and the claims are barred by delay and laches.
K. Gupta v. Najma W/o. Ramzanali Rasekhinejad And Ors.
The Bombay High Court dismissed the appeal challenging eviction from a disputed room held in breach of an interim order, upholding the City Civil Court's direction to restore possession to the Court Receiver.
Nizamuddin Husainsaheb Pirjade v. The State of Maharashtra
The Bombay High Court dismissed the petition challenging land acquisition due to inordinate delay and held that acquisition does not lapse if possession or compensation is taken, reaffirming the discretionary nature of writ relief in stale claims.
Sakhubai Baburao Kadam and others v. Sudhakar Sambhaji Kadam and others
The High Court upheld eviction of tenant for default in rent payment, holding that clandestine deposits in Court without landlord's knowledge do not constitute valid payment under the Bombay Rent Act.
Vijay Parbati Sashte v. Commissioner of Police, Pune & Ors.
The High Court quashed a detention order due to an unexplained two-month delay by prison authorities in forwarding the detenue's representation, violating constitutional safeguards under Article 22(5).
Umar Ali Shakir Shaikh v. Commissioner of Police, Pune
The Bombay High Court quashed a preventive detention order due to unexplained delay by jail authorities in forwarding the detenue's representation, violating his fundamental rights under Article 22(5) of the Constitution.
Union of India v. Shri Dnyaneshwar Mangesh Bagkar
The High Court upheld the Motor Accident Claims Tribunal's compensation award, ruling that absence without sufficient cause limits challenge scope and that station diary entries cannot replace substantive evidence on claimant's intoxication.
Hanumant Baburao Neharkar & Ors. v. State of Maharashtra & Ors.
The Bombay High Court upheld the correction of an alternate land allotment order to include all legal heirs, holding that an allotment obtained by misrepresentation is a nullity and can be corrected notwithstanding delay or limitation.
Devoo Ambo Patil and Others v. Hiren Venilal Sevak and Others
The High Court held that the suit for specific performance was barred by limitation and not maintainable without declaratory relief challenging termination, setting aside the decree of the first Appellate Court.
Lalit Ramkrushna Bode v. State of Maharashtra
The Bombay High Court held that a fresh departmental enquiry cannot be ordered merely because the first enquiry exonerated the employee, emphasizing the need for reasoned grounds and adherence to principles of natural justice.
Arvind Balaji Walvekar v. State of Maharashtra
The High Court set aside the Revenue Authorities’ regrant order of disputed land, holding that the Civil Court’s decree declaring the land non-Watan land is binding unless overturned by appellate court, and directed expeditious disposal of the pending appeal determining the land’s status.
Dattu Shankar Dhumal v. The Director, M/s. Damani Shipping Pvt. Ltd.
The Bombay High Court dismissed the petitioners' claim for enhanced wages under a collective settlement, holding they were employees of a non-member sister concern and failed to prove functional integrality with the member company.