High Court of Bombay

4,236 judgments

Year:

Ramchandra Sitaram Supanekar and Ors. v. Uttamrao Yashwant Khot and Ors.

07 Oct 1993 · Sandeep V. Marne

The Bombay High Court set aside the MRT's order upholding tenancy rights, holding that the claimant failed to prove tenancy over disputed land due to lack of evidence of rent payment, mutation, and proper cultivation.

property appeal_allowed Significant tenancy rights Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 70(b) land revenue mutation

Pilaji Sursinh Jadhavrao v. Regional Passport Office Pune

25 Aug 1993 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that passport reissuance cannot be granted during pending criminal proceedings without court permission, upholding statutory provisions and dismissing the writ petition.

constitutional petition_dismissed Significant passport reissuance pending criminal proceedings Section 6(2)(f) Passports Act G.S.R. 570(E) notification

Jai Jalaram Co-operative Housing Society Ltd. v. M/s Nanji Khimji & Co. & Ors.

17 Apr 1993 · Amit Borkar

The Bombay High Court allowed the writ petition directing grant of unilateral deemed conveyance under Section 11 of the MOFA Act, holding that the objector was estopped from denying the promoter's status and that title disputes can be agitated separately in Civil Court.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Section 11 deemed conveyance promoter's obligation unilateral deemed conveyance

Dr. Feroze Homi Duggan v. Bilkish Yunus Namakwala

04 Apr 1993 · Kamal Khata, J.
Cites 0 · Cited by 1

The Court revoked the fraudulent Letters of Administration granted to the Respondent based on a forged Will, affirming that no second grant can be made without revoking the earlier one and ordering inquiry into the fraud.

civil appeal_allowed Significant Letters of Administration Indian Succession Act, 1925 Probate Fraud on Court

Dr. Feroze Homi Duggan v. Bilkish Yunus Namakwala

04 Apr 1993 · Kamal Khata, J.
Cites 1 · Cited by 0

The Bombay High Court revoked fraudulent Letters of Administration obtained by the Respondent over the estate of Lady Jena Duggan, holding the grant a nullity due to fraud and affirming the Petitioners' locus to seek revocation.

civil petition_allowed Significant Letters of Administration Indian Succession Act, 1925 revocation of probate fraud on court

Vilas Damu Shinde v. Special Land Acquisition Officer

04 Dec 1992 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that acceptance of Section 4(1) notice by one co-owner on behalf of others validates land acquisition, dismissing the petitioners' challenge but directing payment of interest on compensation.

property petition_dismissed Significant Land Acquisition Act, 1894 Section 4(1) notice Co-ownership Authority to accept notice

Ali Mohd. Subrati Khan v. The State of Maharashtra

27 Aug 1992 · A.S. Gadkari; Milind N. Jadhav

The Bombay High Court upheld convictions for rape based on the credible sole testimony of the prosecutrix supported by medical and chemical evidence, affirming that absence of a test identification parade does not vitiate in-court identification.

criminal appeal_dismissed Significant rape sole testimony prosecutrix test identification parade

Dinesh Kumar Singh & Ors. v. Sainath Education Trust & Ors.

26 May 1992 · S. B. Shukre; G. A. Sanap

The Bombay High Court held that pay scale revisions for private school employees under the MEPS Act require statutory amendment of rules and cannot be effected solely by Government Resolutions, declining a larger Bench reference.

labor petition_dismissed Significant Maharashtra Employees of Private Schools Act, 1977 Pay Commission revisions Schedule C amendment Government Resolution

Usha Eswar v. Rajeshwari Menon & Ors.

29 Apr 1992 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 1 · Cited by 0

The Bombay High Court held that an advance ruling by the Authority for Advance Ruling is binding on the applicant and revenue unless law or facts change, and quashed reassessment notices issued relying on a subsequent ruling in another case without such change.

tax petition_allowed Significant Advance Ruling Section 148 Income Tax Act Double Taxation Avoidance Agreement Binding nature of AAR ruling

Azizur Rehman Gulam Rasool v. M/s. Radio Restaurant

01 Apr 1992 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court dismissed the appeal challenging the arbitral award on grounds of procedural and substantive infirmities, upholding the award and directing possession to be handed over to the partnership firm.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Partnership Deed

Modi Business Centre Pvt. Ltd. v. DC (IT) Spl. Rg. 19, Bombay

18 Feb 1992 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that the appellant's business had commenced during AY 1992-93, allowing set-off of interest expenditure against interest income from lending borrowed funds, reversing the ITAT's order.

tax appeal_allowed Significant commencement of business interest expenditure interest income set off

Bank of Baroda v. Devshi Valji Kundadia

28 Sep 1991 · Sandeep V. Marne

The Bombay High Court upheld the industrial tribunal’s setting aside of a bank employee’s dismissal for misappropriation due to perverse enquiry findings and unreliable evidence, directing reinstatement with 60% backwages.

labor appeal_dismissed Significant domestic enquiry perversity misappropriation backwages

Gammon India Limited v. Konkan Railway Corporation Ltd.

09 Jul 1991 · Alok Aradhe, CJ; Sandeep V. Marne, J

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.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 Arbitral Award

Anwar Liyakat Khan v. Ramesh Dattatraya Dhone

27 Feb 1991 · N. J. Jamadar

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.

civil appeal_allowed Significant consent decree Order XXIII Rule 3 Order XXIII Rule 3A Section 151 CPC

Genarosa A. Annes and Ors. v. Haji Esmail Haji Essa Supariwala and Ors.

09 Jan 1991 · Sandeep V. Marne
Cites 0 · Cited by 3

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.

civil appeal_dismissed Significant tenancy partial eviction joint tenants demand notice

Suhas Damodar Sathe v. The State of Maharashtra & Ors.

07 Feb 1990 · Amit Borkar, J.
Cites 0 · Cited by 2

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.

tax petition_dismissed Significant Maharashtra Stamp Act, 1958 Development Agreement Conveyance Stamp Duty

M. Yogeshwar Raj v. Air India Limited

04 Feb 1990 · SHREE CHANDRASHEKHAR; MANJUSHA A. DESHPANDE
Cites 1 · Cited by 0

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.

constitutional petition_dismissed Significant writ petition Article 226 privatization Air India Limited

Vithoba Bua Sodmise and Ors. v. Maharashtra Revenue Tribunal and Ors.

28 Apr 1989 · Sandeep V. Marne

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.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act Section 32G res judicata tenancy case maintainability

Milton Plastics Limited v. Mudit Nagpal & Ors.

01 Apr 1989 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 1 · Cited by 0

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.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

M/s. S V Jadhav v. The Income Tax Officer Ward 1, Sangli

01 Apr 1989 · K. R. Shriram; Dr. Neela Gokhale

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.

tax petition_allowed Significant Section 148 Income Tax Act reason to believe reassessment fishing enquiry