High Court of Bombay
4,236 judgments
The TJSB Sahakari Bank Ltd. v. Amritlal P. Shah
The Bombay High Court set aside the appellate court’s discharge of a surety under Sections 139 and 141 of the Indian Contract Act, holding that mere disposal of hypothecated goods by borrowers does not discharge the surety absent creditor negligence or breach of contractual duty.
Rajesh Ashok Mankar v. Konkan Railway Corporation Ltd.
The High Court set aside the disciplinary penalty of reduction to the lowest grade imposed on an employee for erroneous pay fixation, holding the findings perverse and the penalty impermissible, and directed reinstatement with continuity of service.
The State of Maharashtra v. Uddhao Pandurang Patil
The High Court upheld the Tribunal's order directing reconsideration of promotion to the Indian Forest Service due to unjustified delay in cadre review, mitigating the age bar under Regulation 5(3).
M/s. Yashmum Engineers Ltd v. Sudhir Jagannath Kukarni
The Bombay High Court upheld the Labour Court's finding of illegal retrenchment and compensation award, dismissing the employer's challenge and denying reinstatement to the workman.
Vijay R. Pandhare v. M/s. Balsara Hygenic Products Ltd.
The Bombay High Court upheld the dismissal of workers' challenge to a voluntary retirement scheme, holding that tax exemption provisions do not create mandatory employment terms and that voluntary acceptance precludes claims of coercion or misrepresentation.
Subhash Amolakchand Gandhi v. The Superintendent, Mumbai City Survey and Land Records & Ors.
The Bombay High Court held that mutation of land records based on a voidable transaction by an administrator without prior court permission can be effected absent any suit setting aside the transaction, and directed mutation and subdivision of the petitioner’s land plots.
M/s. Hindustan Level Employees Union v. M/s. Hindustan Unilever Limited
The Bombay High Court held that a suspended employee's statutory right to subsistence allowance under Section 10(A) of the Industrial Employment (Standing Orders) Act, 1946 cannot be denied solely for failure to mark attendance daily at the factory gate, quashing the Labour Court's award upholding such denial.
Sanjeev Bhaskar Pathak v. State of Maharashtra & Ors.
The High Court upheld the liability of former cooperative bank officers under Section 88 of the Maharashtra Cooperative Societies Act, 1960, affirming procedural compliance and evidentiary sufficiency in holding them accountable for financial losses caused by misfeasance and breach of trust.
Sanjeev Bhaskar Pathak v. State of Maharashtra & Ors.
The Bombay High Court upheld the liability of former cooperative bank officers under Section 88 of the Maharashtra Cooperative Societies Act for misfeasance causing financial loss, affirming procedural compliance and the definition of 'officer' for personal accountability.
Laxman Daji Varnekar v. Thaku Govinda Shinde
The Bombay High Court held that lawful cultivation and unchallenged mutation entries suffice to confer deemed tenancy under Section 4 of the Maharashtra Tenancy Act, setting aside the Revenue Tribunal's contrary order.
Vijay Shivram Pathare v. City Corporation Limited
The Bombay High Court held that disputes between legal heirs over a deceased decree-holder's estate in a partition suit must be decided by the Civil Court which passed the decree, not by revenue authorities executing the decree.
Air India Ltd. v. Hemangi Prabhu and Ors.
The Bombay High Court set aside the CGIT award granting permanency to employees in Air India Ltd., holding that compassionate appointments were barred by a recruitment freeze and that the respondents were employees of subsidiaries, remanding the claim for permanency in subsidiaries for fresh adjudication.
Chetan Kodarlal Vyas v. Union of India
The Bombay High Court dismissed a PIL filed for extraneous purposes that led to illegal demolition of a fishermen community crematorium, ordered its reconstruction, and emphasized adherence to due process and bona fide use of PIL jurisdiction.
The Commissioner of Sales Tax, Mumbai v. M/s. Mardia Steel Ltd.
The Bombay High Court held that revisional powers under Section 57 of the Bombay Sales Tax Act cannot be exercised by officers of coordinate rank and upheld the Tribunal’s rectification of an invalid revisional order.
Sharad Nagnath Bubne v. State of Maharashtra
The Bombay High Court held that employees of aided Ayurvedic Colleges who took voluntary retirement after qualifying service are entitled to pensionary benefits and quashed the State's arbitrary denial of such benefits.
Sandeep Maruti Raskar v. District Magistrate cum District Election Officer and Ors.
The court held that deletion of a name from the municipal voters list must be challenged through statutory remedies against the legislative assembly electoral roll deletion, dismissing the writ petition for failure to exhaust such remedies.
J. K. Industries v. Krishna Sahal & Ors.
The Bombay High Court held that under Section 244 of the Income Tax Act, 1961, an assessee is entitled to interest on the refund of interest paid under Section 220(2), including interest on refunded interest for assessment years prior to 1989.
M/s. Shri Tirthankar Co. v. Adyaprasad Hingoo Mishra & Ors.
The Bombay High Court modified the trial court’s decree on adverse possession to reflect actual possession of 38 sq. meters as per a Court Receiver’s report, relying on its appellate powers under Order XLI CPC.
Anand Prabhakar Joshi v. Bank of Maharashtra
The Bombay High Court dismissed the petitioner’s second review petition as barred by law, upheld the disciplinary findings of unauthorized absence, and imposed exemplary costs for abuse of process.
The Commissioner of Sales Tax, Maharashtra State v. M/s Superphone India Ltd
The Bombay High Court held that interlocutory part payment orders under the Bombay Sales Tax Act do not attain finality if unchallenged and can be questioned in appeals against summary rejection orders, affirming the appellate authority's power to modify such orders.