High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

Bank of India v. Magnifico Minerals Private Limited & Ors.

19 Dec 2022 · K. R. Shriram; Kamal Khata

The Bombay High Court dismissed the Bank of India's application for condonation of a 579-day delay in filing a commercial appeal, emphasizing that public sector banks must exercise due diligence and that delay condonation in commercial matters is an exception, not a rule.

civil appeal_dismissed Significant condonation of delay commercial appeal nationalized bank public money

Haribhau Narayan Chikane v. The State of Maharashtra

16 Dec 2022 · R. D. Dhanuka; S. G. Dige

The Bombay High Court held that land acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to failure to take possession and pay compensation, quashing the award and releasing the petitioner’s land from acquisition.

property petition_allowed Significant land acquisition Section 24(2) Fair Compensation Act possession compensation

Bharatiya Bhavan Co-operative Housing Society Ltd. v. Krishna Harinarayan Bajaj

15 Dec 2022 · Sandeep K. Shinde

The Bombay High Court held that a co-operative society's negligence in maintaining common property entitles a member to recover certified repair costs with interest, but damages for loss to movable property require proper proof.

civil appeal_allowed Significant co-operative housing society maintenance and repair overhead terrace negligence

The Commissioner of CGST & Central Excise, Thane v. Ajit India Private Limited

14 Dec 2022 · Dhiraj Singh Thakur; Abhay Ahuja

The Bombay High Court dismissed the appeal under section 35G of the Central Excise Act on maintainability grounds, holding that classification issues involving rate of duty fall within the Supreme Court's jurisdiction under section 35L.

tax appeal_dismissed Significant Central Excise Act, 1944 Section 35G Section 35L classification

Vijay Laxman Bhawe and Ors. v. P & S Nirman Pvt. Ltd. and Ors.

14 Dec 2022 · Milind N. Jadhav

The Bombay High Court upheld the Trial Court's order restoring a suit dismissed for non-prosecution, holding that an assignee under an agreement for sale is a proper party entitled to continue the suit and that the delay in filing restoration application was rightly condoned.

civil appeal_dismissed Significant Order XXII Rule 10 CPC Restoration of suit Condonation of delay Legal representative

Sanjaykumar Shivmangal Bharati v. The State of Maharashtra

13 Dec 2022 · Sarang V. Kotwal

The Bombay High Court substituted convictions under Section 304(II) IPC with Section 325 IPC where death was caused by vagal inhibition without knowledge of fatal consequences, reducing sentences accordingly.

criminal appeal_allowed Significant Section 304(II) IPC Section 325 IPC vagal inhibition grievous hurt

United Kingdom, AB157UE v. State of Maharashtra

12 Dec 2022 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court quashed an FIR and proceedings against the petitioner for non-cognizable offences registered without Magistrate's prior permission, holding such registration and investigation illegal under Section 155(2) CrPC.

criminal petition_allowed Significant non-cognizable offence Section 155(2) CrPC FIR registration Magistrate's permission

Shivaji University Teachers Association v. Chief Election Officer, Maharashtra State Election Commission

12 Dec 2022 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court upheld the State Election Commission's authority to requisition teachers from a state-aided college affiliated to a public university for panchayat election duties under Article 243-K and the Maharashtra Village Panchayats Act, dismissing the petition challenging such requisition.

administrative petition_dismissed Significant Article 243-K(4) Maharashtra Village Panchayats Act State Election Commission Requisition of staff

Rattan India Power Limited v. Union of India & Ors.

10 Dec 2022 · Nitin Jamdar; Abhay Ahuja
Cites 5 · Cited by 1

The Bombay High Court dismissed the writ petition challenging service tax demand on irrigation restoration charges, holding that the petitioner must avail the statutory appeal remedy as the issue involves disputed facts and law unsuitable for writ jurisdiction.

tax petition_dismissed Significant writ petition service tax irrigation restoration charges reverse charge mechanism

Purshotam Vishandas Raheja v. State of Maharashtra

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Court held that failure to take acquisition steps within six months of a purchase notice under Section 127 MRTP Act causes reservation to lapse, and such notice cannot be withdrawn, quashing acquisition proceedings initiated after the lapse.

property petition_allowed Significant purchase notice Section 127 MRTP Act land acquisition reservation lapse

M/s. Bombay Pharmaceuticals Works Pvt. Ltd. v. State of Maharashtra & Ors.

09 Dec 2022 · R. D. Dhanuka; Kamal Khata

The Bombay High Court directed the developer to execute and register a permanent alternate accommodation agreement with the petitioner before granting further permissions, restraining creation of third party rights, enforcing compliance with redevelopment conditions under Article 226.

civil appeal_allowed Significant writ petition mandamus permanent alternate accommodation redevelopment

Gorakhnath Shankar Nakhwa & Ors. v. The Municipal Commissioner of Municipal Corporation of Greater Mumbai & Ors.

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Bombay High Court upheld the Municipal Corporation's stop work orders and requirement of NOC from Mazagaon Dock Shipbuilders Limited as a Defence Establishment, validating security-based restrictions on construction under relevant laws and constitutional provisions.

administrative appeal_dismissed Significant No Objection Certificate Defence Establishment Official Secrets Act, 1923 Works of Defence Act, 1903

Vikram Delite Co-op. Hsg. Soc. Ltd. v. Union of India

09 Dec 2022 · R.D. Dhanuka; Kamal Khata

The Bombay High Court upheld the Defence authorities' refusal to grant NOC for construction near a Naval establishment, affirming the Planning Authority's duty to consider security concerns under statutory provisions and deferring to Defence expertise on national security matters.

administrative appeal_dismissed Significant No Objection Certificate Defence Establishment Planning Authority MRTP Act

J P Parekh & son v. Naseem Qureshi

08 Dec 2022 · Bharati Dangre

The Bombay High Court granted interim relief under Section 9 of the Arbitration Act directing deposit of admitted architectural fees by Respondents pending arbitration, emphasizing the Court's wide discretion to secure amounts in dispute before commencement of arbitral proceedings.

civil appeal_allowed Significant Section 9 Arbitration Act interim relief architectural services dispute payment of fees

Maruti Ganu Supnekar and Others v. State of Maharashtra and Others

08 Dec 2022 · R. D. Dhanuka; M. M. Sathaye

The Bombay High Court held that entitlement to land allotment under the Maharashtra Project Affected Persons Rehabilitation Act, 1999 arises only upon application under Section 16(1), and acceptance of full compensation without such application forfeits the right to allotment and notice under Section 16(2)(a).

administrative petition_dismissed Significant Maharashtra Project Affected Persons Rehabilitation Act, 1999 Section 16(1) Section 16(2)(a) land allotment

Forest Realty v. Taksha Spaces Pvt Ltd. & Ors.

07 Dec 2022 · B. P. Colabawalla

The Bombay High Court held that filing a vakalatnama and return of summons marked 'unclaimed' constitute valid service, negating the need for re-service under Rule 84 of its Original Side Rules.

civil appeal_allowed Significant service of summons vakalatnama Bombay High Court Rules 1980 unclaimed return

ICICI Bank Limited v. Budhadeo Mukharji

07 Dec 2022 · Milind N. Jadhav

The Bombay High Court held that absence of a registered mortgage deed precluded the petitioner bank from claiming secured creditor status under SARFAESI Act, allowing the civil suit for injunction by a bona fide purchaser to proceed.

civil petition_dismissed Significant SARFAESI Act Section 34 SARFAESI equitable mortgage registered mortgage deed

The State of Maharashtra v. Bharat Constructions

06 Dec 2022 · Manish Pitale

The Bombay High Court upheld the majority arbitral award granting compensation for delay in a construction contract, emphasizing the limited scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996.

civil petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 arbitral award judicial interference

Stoughton Street Tech Labs Pvt. Ltd. v. Godlike Esports Pvt. Ltd.

06 Dec 2022 · R.I. Chagla

The Bombay High Court dismissed the Plaintiff’s interim application enforcing a determinable Collaboration Agreement in an e-sports dispute, holding no concluded contract was proved and negative covenants unenforceable against non-parties.

civil petition_dismissed Significant Collaboration Agreement Specific Performance Interim Injunction Determinable Contract

Shri Sadanand Raghunath Gharat v. Union of India

06 Dec 2022 · Dipankar Datta, CJ; Abhay Ahuja, J

The Bombay High Court upheld dismissal of a government employee for obtaining appointment by fraudulently claiming Scheduled Tribe status, holding that fraudulent appointments are void and disciplinary action can be taken even after decades.

administrative appeal_dismissed Significant false caste certificate Scheduled Tribe reservation disciplinary proceedings voluntary retirement