High Court of Bombay
3,981 judgments
Rajendra Pawar and Ors. v. State of Maharashtra and Ors.
The Bombay High Court held that a reduction in retirement age fixed at appointment cannot be applied retrospectively to employees, protecting their vested right to retire at the originally fixed age.
Myra Philomena Collaco v. Lilian Coelho
The Bombay High Court upheld refusal to grant Letters of Administration with a Will due to unexplained suspicious circumstances and the propounder's failure to dispel doubts by personal testimony.
Ashok Shantinath Chougule v. The State of Maharashtra
The Bombay High Court held that physical possession is essential for vesting land under the Land Acquisition Act, 1894, and quashed the acquisition of petitioner’s land where possession was never taken and slab was wrongly applied including mortgaged land.
Sudhir Kumar Sengupta v. Kusum Pandurang Keni
The Bombay High Court upheld eviction under Section 12(3)(a) of the Bombay Rent Act where tenant failed to pay rent arrears exceeding six months within statutory notice period, rejecting tenant's plea of readiness to pay thereafter.
M/S. Kumar Beharay Properties LLP v. Shri Rajesh Chandrakant Shinde
The Bombay High Court set aside the trial court's order and rejected the plaint under Order VII Rule 11 CPC as the suit for specific performance was barred by limitation and constituted vexatious litigation.
Ashok Ratnapal Narwade v. Maharashtra State Electricity Distribution Co. Ltd.
The Bombay High Court held that upgraded ACR gradings must be considered for retrospective promotion despite departmental circulars to the contrary, allowing the petitioner’s promotion with retrospective effect.
Narayan Damodar Thakur & Ors. v. Madanlal Mohanlal Malpani
The Court upheld eviction of a tenant for breach of tenancy by subletting commercial premises to an independent tenant and ceasing business use, affirming that subletting can be inferred without exclusive possession if control and use by a third party is established.
Sachin Kumar v. Union of India
The Bombay High Court set aside the dismissal of an RPF constable without departmental enquiry, holding that the reasons for dispensing with enquiry were speculative and insufficient, and directed reinstatement with liberty to hold enquiry.
Ramakant Ganesh Naik v. Shankar Shantaram Naik
The High Court held that a 32M certificate under the Maharashtra Tenancy Act is conclusive of purchase by the named tenant but does not exclude other heirs' rights to claim shares, and Civil Courts have jurisdiction to decide such partition disputes.
Mistry Park CHS Ltd. v. Dr. Bharat Prem Shivdasani & Ors.
The Bombay High Court held that the Registrar lacks jurisdiction to order refund of past non-occupancy charges and such disputes must be pursued before the Co-operative Court under the Act’s dispute resolution provisions.
Sudarshan Chemical Industries Ltd v. State of Maharashtra
The Bombay High Court dismissed the writ petition seeking refund of premium paid under Government Resolutions after the petitioner accepted the premium demand, transferred the land, and was estopped from challenging the demand based on a subsequent judicial decision.
Bajaj Auto Limited v. Dy. Commissioner of Income Tax
The Bombay High Court held that sales tax incentives granted under Maharashtra State schemes to promote setting up of new industrial units are capital receipts exempt from income tax, applying the purpose test irrespective of the payment mechanism.
Ashok Sitaram Sonawane v. Percy Burjor Sarkari
The High Court dismissed the petitioners' challenge to execution orders, holding that an unregistered deed denied execution by the Registrar does not confer title, and execution courts must adjudicate title disputes under Order XXI CPC.
Ashok Mohanshankar Vernekar v. Shantaram M. Bhat
The Bombay High Court held that a long-accepted contractual rent for commercial premises cannot be arbitrarily reduced under the Bombay Rent Act, setting aside the revision court's order lowering the rent.
Shri Prakash Atmaram Atre v. The Deccan Merchants Co-op. Bank Ltd.
The Bombay High Court held that a Managing Director with a conflict of interest has no right to vote on his termination resolution, and the Board meeting and termination were valid, dismissing the appeal against the dismissal of the writ petition.
Shaikh Ibrahim Shaikh Mohamad Hanifsaheb and others v. Mohamudkhan Kadar Khan Pathan and others
The Bombay Rent Act mandates strict compliance with notice, rent deposit, and timely application for fixation of standard rent for tenant protection; failure results in eviction upheld by the Court.
Trilok Singh Pahlajsingh Rajpal & Ors. v. Municipal Corporation for Greater Mumbai & Ors.
The Bombay High Court held that failure to take acquisition steps within the statutory period under the MRTP Act causes reservation of land to lapse by operation of law, invalidating subsequent acquisition attempts and reservations.
Shri Rangdas Swami Shikshan Vikas Mandal v. Shri Mutyal Vilas Rambhau
The High Court upheld the setting aside of dismissal for false caste claim due to lack of proof of reserved category appointment, awarded 50% backwages payable by management, and directed pensionary benefits upon reinstatement until superannuation.
Dharamgiri Maharaj v. Nitin Gordhanbhai Thakker
The Bombay High Court upheld eviction of a petitioner occupying an open staircase landing, holding it not to be 'premises' under the Bombay Rent Act and denying tenancy protection.
Sadashiv Tryambak Rajebahadur & Ors. v. State of Maharashtra & Ors.
The Bombay High Court held that land reservation under the MRTP Act lapses if acquisition steps are not taken within twelve months of a valid purchase notice, and a draft revised development plan without final sanction cannot prevent such lapse.