High Court of Bombay
3,981 judgments
Foreshore Co-operative Housing Society Ltd. v. Divisional Joint Registrar of Cooperative Societies
The Bombay High Court held that under Section 154B-13 of the Maharashtra Co-operative Societies Act, a cooperative housing society must admit the nominee or legal heir of a deceased member as a member, limiting the society's discretion to refuse membership.
Hashmiya Bahrul Faiz Social Welfare Association v. Abdullah M. Shukur Qureshi
The Full Bench held that employees of D.Ed and B.Ed colleges not recognised under the Maharashtra Employees of Private Schools Act, 1977 do not have a right of appeal under Section 9 of the Act, affirming the Single Judge's decision and rejecting the Division Bench's contrary view.
Paramanand Builders LLP v. Competent Authority & District Deputy Mumbai City (4)
The Bombay High Court upheld the Competent Authority's order granting unilateral deemed conveyance under MOFA, ruling that statutory obligations to convey ownership to flat purchasers override private agreements limiting rights to leasehold interests.
Municipal Corporation of Gr. Bombay v. M/s. Karnani Building
The Bombay High Court held that in absence of a court-fixed standard rent under the Bombay Rent Act, the agreed rent after renovation is the proper basis for fixing rateable value under the BMC Act, restoring the municipal assessment and allowing the appeal.
Atul Bapusaheb Jadhav & Ors. v. Sharadrao Daulatrao Jadhav & Ors.
The Bombay High Court dismissed the second appeal upholding the validity of a partition deed and the finding that the defendant was a gratuitous licensee, not an adverse possessor, affirming concurrent factual findings of lower courts.
Reshu Singh v. Union of India & Ors.
The Bombay High Court held that an employee who completed the maximum probation period without confirmation is entitled to confirmation by implication and directed issuance of confirmation and consequential benefits.
Kartik Harshad Jhaveri v. Charanjit Arora & The State of Maharashtra
The High Court held that complaints under Section 138 NI Act filed beyond limitation after return by a court lacking jurisdiction are barred unless delay is condoned, and quashed cognizance and related orders, restoring condonation applications for fresh adjudication.
Bhagwan Waman Gaikwad and Ors. v. Pralhad Dunda Jadhav and Ors.
The Bombay High Court upheld tenancy rights and fixation of purchase price under the Tenancy Act for protected tenants on watan land, ruling that such rights are vested and not negated by statutory provisions requiring prior sanction for leases.
Sagaru Laxman Shinde v. Mukund Shankar Kurlekar & Ors.
The Court held that prior to the 1969 amendment, landlords were not obliged to inform tenants of attaining majority, and tenants who failed to exercise purchase rights within prescribed time lose such rights, upholding the dismissal of tenant's claim to purchase the land.
Shri Jaykumar B. Patil v. Joint Commissioner of Income Tax
Advance from company to substantial shareholder used for personal income tax payment, not business, constitutes deemed dividend under Section 2(22)(e) despite repayment within the same year.
Kalyan Dombivli Municipal Corporation v. Nandkishor Govind Sane
The Bombay High Court held that a settlement agreement arrived during conciliation proceedings is binding on all employees, including non-union members, and complaints for its enforcement are maintainable within limitation from the date of breach.
The Hong Kong & Shanghai Banking Corporation Limited v. Maharashtra State Electricity Board & Ors.
The court held that MSEB is the real tenant entitled to eviction, rejecting the State Government tenancy claim, and allowed the writ petition setting aside concurrent decrees dismissing the eviction suit.
Royal Realtors Landmarks Pvt. Ltd. v. Shubham/Pallavi/Mayur
The Bombay High Court upheld and decreed the consent terms executed between parties under Order XXIII Rule 3 CPC, rejecting allegations of fraud and illegality, thereby enforcing the settlement in a joint development dispute.
Deputy Collector (Land Acquisition) No.7 v. M/s. Byramjee Jeejibhoy Pvt. Ltd. & Ors.
The Bombay High Court held that only the registered owner with possession at acquisition is entitled to compensation under the Land Acquisition Act, excluding illegal occupants and unauthorized structure owners.
Sopana Bala Kadam v. Vijay Harishchandra Khaire
The Court held that tenancy rights of the tenant-mortgagee over part of mortgaged land survive suspension during mortgage period under Section 25A of the Maharashtra Tenancy Act, allowing purchase rights over that land while rejecting tenancy claims over land possessed by a third-party mortgagee.
Uma Pradeep Divate v. Chandra Gulab Advani & Ors.
The Court held that an assignment of tenancy disguised as a transfer of a running business without genuine intention to continue the business amounts to unlawful subletting, allowing eviction of the tenant.
Prabhat Sadan Properties Pvt Ltd v. Municipal Corporation of Greater Mumbai
The Bombay High Court held that for compulsorily registrable documents, transfer premium must be computed from the date of execution of the document, not the date of registration, and quashed MCGM's fresh demand based on later rates.
Geeta Mangesh Laud & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that requisitioned premises remain under requisition until physical possession is returned to the owner, validating eviction orders under the Bombay Land Requisition Act, 1948 and directing the State to hand over possession to the owner.
Purnima Talkies v. Chief Officer, Dahanu Nagar Parishad
The court held that land acquisition by granting TDR/FSI requires a concluded agreement, and in absence thereof, acquisition must follow the 2013 Act with payment of monetary compensation before demolition.
Nikhilesh Keshrichand Jhaveri v. M.S Johnson Dye Works Pvt. Ltd.
The Bombay High Court upheld orders directing lessees to deposit outstanding water charges under Order XV-A of the CPC despite primary statutory liability resting on the occupier, clarifying the distinction between water taxes and water charges under the MMC Act.