High Court of Bombay

5,061 judgments

Year:

Manjuben Mukesh Tandel v. Commissioner of Excise

04 May 2020 · N.J. Jamadar
Cites 0 · Cited by 1

The Bombay High Court held that cancellation of excise licences without clear notice of all alleged breaches and proposed action violates statutory mandate and natural justice, and remanded the matter for fresh consideration with proper hearing.

administrative appeal_allowed Significant excise licence cancellation show cause notice natural justice opportunity of hearing

Deluxe Caterers Pvt. Ltd. v. M/s. Narayani Associates

09 Apr 2020 · G. S. Kulkarni

The Bombay High Court held that invoking the force majeure clause did not extend the term of a commercial conducting agreement, which expired by efflux of time, and upheld dismissal of interim relief sought by the appellant.

civil appeal_dismissed Significant force majeure clause contract extension termination rights suspension of obligations

Sushil Lohiya v. Central Bureau of Investigation

06 Apr 2020 · Prasanna B. Varale; S. M. Modak

The Bombay High Court held that extension of judicial custody without physical or virtual production of the accused is irregular but not illegal per se, and dismissed the habeas corpus petition challenging such extension.

criminal petition_dismissed Significant judicial custody virtual production Section 167(2) proviso (b) CrPC habeas corpus

Cutis Biotech v. Serum Institute of India Pvt. Ltd.

27 Mar 2020 · Nitin Jamdar; C. V. Bhadang
Cites 3 · Cited by 0

The Bombay High Court dismissed Cutis Biotech's appeal seeking interim injunction against Serum Institute's use of the trademark 'Covishield', holding no prima facie case of passing off was made out and public interest favored Serum Institute.

civil appeal_dismissed Significant passing off trademark Covishield prior user

Tanaji Dattu Padwal v. Director of Enforcement & Anr.

19 Mar 2020 · Madhav J. Jamdar
Cites 1 · Cited by 0

The Bombay High Court granted bail to the accused under PMLA on the ground of long incarceration applying Section 436A CrPC despite stringent bail conditions under Section 45 of PMLA, upholding the right to speedy trial under Article 21.

criminal appeal_allowed Significant Prevention of Money Laundering Act Section 436A CrPC bail long incarceration

Sangita Sandip Jadhav & Ors. v. The State of Maharashtra & Ors.

19 Mar 2020 · Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court allowed refund of stamp duty paid on a failed Agreement for Sale where possession was not handed over and the refund application was timely under the Maharashtra Stamp Act.

civil petition_allowed Significant stamp duty refund Maharashtra Stamp Act 1958 Section 47 Section 48

Rochem India Pvt. Ltd. v. Union of India & Ors.

18 Mar 2020 · Nitin Jamdar; Abhay Ahuja
Cites 0 · Cited by 1

The Bombay High Court held that appeals to the unconstituted GST Appellate Tribunal can be filed within an extended limitation period, and impugned orders shall not be enforced until after this period, thereby protecting taxpayers without prejudicing substantive rights.

administrative petition_dismissed Significant Goods and Services Tax Appellate Tribunal GSTAT constitution Central Goods and Services Tax Act, 2017 appeal limitation extension

Jagshi Jethabhai Chheda & Anr. v. District Deputy Registrar of Cooperative Societies, Mumbai & Ors.

17 Mar 2020 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court set aside the registration of a deemed conveyance for failure to comply with the mandatory summons and hearing requirements under Section 11(5) of the Maharashtra Ownership Flats Act, 1963.

property petition_allowed Significant Section 11(5) MOFA 1963 deemed conveyance unilateral instrument of conveyance summons to show cause

Amol Jagdish Baviskar; Zakir Anwar Shaikh; Prashant Prabhakar Tokekar v. The Minister, The Higher and Technical Education Department, Maharashtra State

16 Mar 2020 · Dipankar Datta CJ; G. S. Kulkarni J.

The Bombay High Court held that the State Government's retrospective exclusion of ATMA and similar exams from MBA/MMS admission eligibility for 2020-21 was arbitrary and directed admissions based on those exams for that year.

administrative appeal_allowed Significant Admission criteria MBA/MMS courses ATMA examination Maharashtra State CET

Sandeep Pandurang Patil v. State of Maharashtra & Ors.

12 Mar 2020 · Dipankar Datta CJ; G. S. Kulkarni J.
Cites 1 · Cited by 0

The High Court held that exclusion of villages from a Municipal Corporation without mandatory consultation with the Corporation is illegal, quashing the State Government's notification altering KDMC boundaries.

administrative petition_allowed Significant Maharashtra Municipal Corporation Act 1949 Section 3(3) consultation Municipal Corporation

The State of Maharashtra v. The Superintendent of Police, Pune Rural

11 Mar 2020 · S.V. Gangapurwala; Sandeep V. Marne
Cites 2 · Cited by 0

The High Court held that compassionate appointment is not a vested right transferable among legal heirs and dismissed the claim for substitution after refusal and delay, setting aside the Tribunal's order allowing such substitution.

administrative appeal_allowed Significant compassionate appointment substitution of legal heirs Government Resolution 2015 waiting list

Mars Art Studio v. Shirdi Industries Limited

03 Mar 2020 · Abhay Ahuja

The High Court set aside the attachment warrant as the NCLT-approved resolution plan under the Insolvency and Bankruptcy Code is binding and extinguishes claims beyond the approved amount.

civil appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Resolution plan National Company Law Tribunal Execution proceedings

Aditya Birla Sun Life Insurance Co.Ltd v. The Insurance Ombudsman

27 Feb 2020 · G. S. Kulkarni

The High Court held that the Insurance Ombudsman is a quasi-judicial tribunal amenable to writ jurisdiction and upheld repudiation of a life insurance claim due to material non-disclosure by the insured.

civil appeal_allowed Significant Insurance Ombudsman Rules 2017 Article 227 Constitution Non-disclosure Life Insurance Policy

K. Raheja Private Limited v. Union of India & Ors.

27 Feb 2020 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court held that a written communication quantifying tax dues before 30 June 2019 renders a declarant eligible under the SVLDR Scheme and quashed the rejection of the petitioner’s declaration and related show cause notice for non-communication and procedural lapses.

tax appeal_allowed Significant SVLDR Scheme Sabka Vishwas Legacy Dispute Resolution quantification of tax dues eligibility under SVLDR

Sachin Deoram Sable v. Maharashtra State Road Transport Corporation & State of Maharashtra

27 Feb 2020 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court held that the petitioner met the experience criteria in the recruitment advertisement and quashed MSRTC's cancellation of the selection process, directing the petitioner’s appointment as Divisional Controller.

administrative petition_allowed Significant experience requirement commercial organization recruitment advertisement employee strength

Ajay Boraste v. The State of Maharashtra

24 Feb 2020 · Dipankar Datta, CJ; G. S. Kulkarni, J.

The Bombay High Court held that the Nashik Municipal Corporation's Standing Committee nominations must reflect the correct proportional representation of parties based on updated councillor strength, entitling Shiv-Sena to an additional seat.

administrative petition_allowed Significant Maharashtra Municipal Corporation Act 1949 Section 31-A Standing Committee proportional representation

Linker Shelter Pvt. Ltd. v. Charmaine Chougule & Ors.

18 Feb 2020 · M. M. Sathaye

The Bombay High Court held that an allottee's right to withdraw and claim refund under RERA is subject to a two-month time limit from the date possession is offered with Occupation Certificate, and possession can be offered despite pending litigation if no injunction exists.

civil appeal_allowed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 refund Occupation Certificate Allottee right to withdraw

National Centre for the Performing Arts v. Union of India

13 Feb 2020 · Nitin Jamdar; Abhay Ahuja

The Bombay High Court held that under Section 124(2) of the Finance Act, 2019, interest paid prior to issuance of a Show Cause Notice must be deducted from tax dues payable under the Sabka Vishwas Scheme, directing the Designated Committee to reconsider the petitioner's claim accordingly.

tax appeal_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Section 124(2) Finance Act 2019 tax dues interest payment adjustment

Swati Mangesh Sawant v. The State of Maharashtra and Ors.

10 Feb 2020 · Sandeep V. Marne

The Bombay High Court held that a Recovery Certificate under the Maharashtra Cooperative Societies Act cannot be executed by attaching property no longer owned by the borrower, where the third party purchaser has paid full consideration and possession, and the borrower admits the sale.

civil petition_allowed Significant Recovery Certificate Maharashtra Cooperative Societies Act Section 99 MCS Act Section 101 MCS Act

Sharekhan Limited v. Darshini Shah

10 Feb 2020 · Sandeep V. Marne

The Bombay High Court set aside arbitral awards that wrongly relied on an NSE circular to alter contractual brokerage obligations, holding that failure to secure fresh KYC does not affect the client's liability to pay brokerage under the original agreement.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 NSE circular 10 February 2020 inactive trading account