High Court of Bombay

4,236 judgments

Year:

Municipal Corporation of Gr. Bombay v. M/s. Karnani Building

12 Dec 1962 · M.M. Sathaye

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.

property appeal_allowed Significant rateable value Bombay Municipal Corporation Act, 1888 Bombay Rent Act, 1947 standard rent

Atul Bapusaheb Jadhav & Ors. v. Sharadrao Daulatrao Jadhav & Ors.

18 Dec 1961 · S.M. Modak

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.

civil appeal_dismissed Significant partition deed gratuitous licensee adverse possession joint Hindu family

Reshu Singh v. Union of India & Ors.

01 Oct 1960 · Ravindra V. Ghuge; Ashwin D. Bhobe
Cites 0 · Cited by 4

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.

labor petition_allowed Significant probation period confirmation of service UGC Regulations implied confirmation

Kartik Harshad Jhaveri v. Charanjit Arora & The State of Maharashtra

02 Mar 1959 · N. J. Jamadar · 2025:BHC-AS:55472

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.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act limitation period condonation of delay jurisdiction

Satara District Bar Association v. State of Maharashtra

22 Jul 1958 · G. S. Patel; Madhav J. Jamdar
Cites 1 · Cited by 0

The Bombay High Court upheld its administrative approvals establishing courts at Wai, ruling that multiple factors beyond case pendency justify such decisions and that the High Court’s administrative primacy and confidentiality in internal deliberations are paramount.

administrative petition_dismissed Significant establishment of courts case pendency administrative approvals convenience of litigants

Bhagwan Waman Gaikwad and Ors. v. Pralhad Dunda Jadhav and Ors.

04 Jan 1957 · Sandeep V. Marne

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.

property appeal_dismissed Significant Mahar Watan land Tenancy Act Protected tenant Hereditary Offices Act

Sarla Performance Fibers Limited v. The Union of India

18 Dec 1956 · K.R. Shriram; A.S. Doctor

The Bombay High Court held that cancellation of a bonded warehouse licence based on vague and premature show cause notices without adequate opportunity of hearing violates natural justice and set aside the cancellation order.

administrative appeal_allowed Significant show cause notice Section 58 Customs Act cancellation of licence principles of natural justice

Sagaru Laxman Shinde v. Mukund Shankar Kurlekar & Ors.

19 Aug 1956 · Sandeep V. Marne

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.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 32F Section 32G res judicata

Shri Jaykumar B. Patil v. Joint Commissioner of Income Tax

31 Mar 1956 · Alok Aradhe, CJ; Sandeep V. Marne, J

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.

tax appeal_dismissed Significant Section 2(22)(e) Income Tax Act deemed dividend business advance utilization of advance

Kalyan Dombivli Municipal Corporation v. Nandkishor Govind Sane

06 Sep 1954 · G. S. Kulkarni; Aarti Sathe · 2026:BHC-AS:1893-DB

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.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 18(3)(d) conciliation proceedings settlement agreement

The Hong Kong & Shanghai Banking Corporation Limited v. Maharashtra State Electricity Board & Ors.

21 Jan 1953 · Sandeep V. Marne
Cites 0 · Cited by 3

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.

civil appeal_allowed Significant tenancy judicial admissions Maharashtra Rent Control Act, 1999 implied surrender

Royal Realtors Landmarks Pvt. Ltd. v. Shubham/Pallavi/Mayur

06 Jul 1952 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

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.

civil appeal_allowed Significant Order XXIII Rule 3 CPC consent terms joint development agreement compromise decree

Deputy Collector (Land Acquisition) No.7 v. M/s. Byramjee Jeejibhoy Pvt. Ltd. & Ors.

21 Jul 1951 · Kamal Khata · 2024 Live Law SC 1054
Cites 3 · Cited by 0

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.

property appeal_allowed Significant Land Acquisition Act, 1894 compensation ownership registered title

Sopana Bala Kadam v. Vijay Harishchandra Khaire

23 May 1949 · Sandeep V. Marne

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.

property appeal_allowed Significant tenancy rights usufructuary mortgage Section 25A Maharashtra Tenancy Act mortgage by conditional sale

Uma Pradeep Divate v. Chandra Gulab Advani & Ors.

24 Sep 1948 · Sandeep V. Marne

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.

property appeal_allowed Significant unlawful subletting Bombay Rent Act assignment of business running concern

Prabhat Sadan Properties Pvt Ltd v. Municipal Corporation of Greater Mumbai

31 Jan 1946 · G. S. Patel; Kamal Khata

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.

civil petition_allowed Significant transfer premium leasehold rights Section 47 Registration Act compulsory registration

Geeta Mangesh Laud & Ors. v. The State of Maharashtra & Ors.

28 Mar 1942 · R.D. Dhanuka; M.M. Sathaye

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.

property appeal_dismissed Significant Bombay Land Requisition Act, 1948 Defence of India Act, 1939 requisitioned premises derequisition

Purnima Talkies v. Chief Officer, Dahanu Nagar Parishad

01 Oct 1939 · G. S. Kulkarni; Advait M. Sethna

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.

property petition_allowed Significant land acquisition TDR FSI monetary compensation

Nikhilesh Keshrichand Jhaveri v. M.S Johnson Dye Works Pvt. Ltd.

23 Dec 1938 · Sandeep V. Marne
Cites 1 · Cited by 0

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.

civil appeal_dismissed Significant Order XV-A Code of Civil Procedure water charges water taxes Mumbai Municipal Corporation Act

Shri. Harilal Anurup Awadhia and Ors. v. Prabhakar Shravan Shinde

01 Nov 1928 · Sandeep V. Marne

The Bombay High Court upheld eviction of a tenant for unauthorized dominant residential use of commercial premises, clarifying that change of user alone suffices for eviction under Section 108(o) of the Transfer of Property Act and Section 13(1)(a) of the Bombay Rent Act.

civil petition_dismissed Significant Section 108(o) Transfer of Property Act Section 13(1)(a) Bombay Rent Act change of user eviction