High Court of Bombay

5,061 judgments

Year:

Vikas Kamlakar Walawalkar v. The Deputy Salt Commissioner & Ors.

22 Aug 2019 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld termination of salt land leases due to breach of manufacturing obligations and denied renewal rights under the 1994 Supplementary Lease-Deed, affirming government policy restricting lease renewals.

property appeal_dismissed Significant lease termination salt lands lease renewal Supplementary Lease-Deed 1994

Pawan Hans Limited v. Aviation Karmachari Sanghatana

22 Aug 2019 · Sandeep V. Marne

The Bombay High Court upheld the Recovery Certificate issued under Section 33-C(1) of the Industrial Disputes Act directing wage revision parity for contractual employees, affirming the learned Authority's jurisdiction and reliance on the Supreme Court's precedent.

labor appeal_dismissed Significant Industrial Disputes Act, 1947 Section 33-C(1) Recovery Certificate contractual employees

Carl Pinto De Andrade & Ors. v. Ventura Securities Limited

20 Aug 2019 · N.J. Jamadar

The court granted unconditional leave to the defendant to defend a commercial suit involving disputed privity of contract and alleged fraudulent acts by its authorized agent, emphasizing the need for trial on triable issues.

civil appeal_allowed Significant privity of contract authorized agent liability fraudulent acts unconditional leave to defend

Pune Mahanagar Parivahan Mahamandal Karmachari Mahasangh v. Pune Mahanagar Parivahan Mahamandal Ltd.

14 Aug 2019 · Sandeep V. Marne

Recognition of a trade union ceases when the original undertaking dissolves and a new corporate entity is formed, allowing a new union to seek recognition under Section 11 of the MRTU and PULP Act.

labor appeal_allowed Significant Recognition of trade union MRTU and PULP Act Undertaking definition Merger of undertakings

Shripal Gangappa Chougule & Laxman Raghunath Choudhari v. The State of Maharashtra & Ors.

07 Aug 2019 · Nitin W. Sambre; R. N. Laddha

The Bombay High Court quashed prosecution against one petitioner for lack of evidence of abetment to suicide while allowing trial against the other petitioner despite his valid money lending license.

criminal appeal_allowed Significant abetment to suicide money lending license Maharashtra Prevention of Money Lending Act, 2014 Section 306 IPC

Anmol Dresses v. Rajaram Anant Chipade & Ors.

07 Aug 2019 · Sandeep V. Marne

The High Court upheld eviction of tenant on landlord's bonafide requirement, holding that evidence by a constituted attorney who is a close family member with personal knowledge is admissible to prove such requirement.

civil appeal_dismissed Significant bonafide requirement eviction suit constituted attorney personal knowledge

Shree Brahmanath Devasthan v. The Joint Charity Commissioner

05 Aug 2019 · Amit Borkar
Cites 0 · Cited by 1

The High Court set aside the Charity Commissioner's rejection of permission to sell trust property, directing fresh adjudication based on transparent valuation and necessity aligned with trust objects under Section 36 of the Maharashtra Public Trusts Act, 1950.

administrative appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 36 Charity Commissioner alienation of trust property

R and B Infra Project Limited v. Mira Bhaindar Municipal Corporation

02 Aug 2019 · Devendra Kumar Upadhyaya; Amit Borkar

The Bombay High Court upheld the tender award to respondent No.4, ruling that minor procedural lapses in document submission did not vitiate the process or respondent's eligibility, emphasizing limited judicial interference in tender matters absent arbitrariness or mala fides.

administrative petition_dismissed Significant tender process eligibility criteria technical bid Chartered Accountant certificate

The National High Speed Rail Corporation Ltd. v. State of Maharashtra & Ors.

01 Aug 2019 · Dipankar Datta, CJ; Abhay Ahuja, J.
Cites 0 · Cited by 1

The Bombay High Court allowed the petitioner’s writ seeking permission to cut mangroves for the Mumbai-Ahmedabad bullet train project, balancing environmental protection under the public trust doctrine with the project’s national importance and compliance with environmental safeguards.

environmental appeal_allowed Significant Mangroves Coastal Regulation Zone Public Trust Doctrine Forest Conservation Act

Bipin Vasant Shinde & Ors. v. Pune Municipal Corporation & Ors.

01 Aug 2019 · R. I. Chagla; Advait M. Sethna · 1997 SCC OnLine SC 181
Cites 1 · Cited by 0

The High Court held that promotion to Superintending Engineer must be based on the final seniority list of the feeder cadre as per 2014 Service Rules and quashed the non-speaking impugned order denying petitioners’ promotion.

labor appeal_allowed Significant promotion seniority seniority-cum-merit service rules

Mast. Zillurrahman Shaikh v. State of Maharashtra

25 Jul 2019 · R.D. Dhanuka; Abhay Ahuja

The Bombay High Court held that a child born on 16 January 2016 attains six years of age on 15 January 2022 for school admission eligibility under the RTE Act, allowing the petitioner’s admission to 1st standard for 2021-2022.

constitutional petition_allowed Significant Right to Education Act age computation cutoff date Government Resolution

Mr. R. B. Krishnani v. M/s. STEM Water Distribution and Infrastructure Com. Pvt. Ltd.

22 Jul 2019 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that parties can waive an arbitrator's ineligibility under Section 12(5) of the Arbitration Act by express written agreement, and upheld an arbitral award where the sole arbitrator was the Managing Director of a party appointed by consent.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 12(5) express waiver party autonomy

Suresh Ramchandra Sancheti v. The State of Maharashtra

06 Jul 2019 · SOMASEKHAR SUNDARESAN
Cites 1 · Cited by 7

The Bombay High Court allowed refund of stamp duty paid on an unexecuted document, holding that the writ jurisdiction can relax procedural limitation to prevent unjust enrichment and ensure equity.

civil petition_allowed Significant stamp duty refund unexecuted document Maharashtra Stamp Act, 1958 Section 47(b)

Manjit Singh Virdi & Ors v Municipal Corporation of Greater Mumbai & Ors

01 Jul 2019 · M. S. Sonak; Kamal Khata
Cites 0 · Cited by 3

The court held that the petitioners' leasehold rights are limited to the original plot area and dismissed their writ petition seeking possession and eviction over the enlarged final plot under the Town Planning Scheme.

property petition_dismissed Significant Town Planning Scheme Leasehold rights Plot reconstitution Maharashtra Regional and Town Planning Act, 1966

Vijay Anant Gangan v. Zenabibi Gulam Rasool

21 Jun 2019 · S.C. Gupte

The Bombay High Court granted interim stay of eviction subject to payment of reasonable interim compensation based on land value, affirming that prohibited transfer of tenancy and non-user justify eviction under the Rent Act.

civil appeal_allowed Significant eviction lease deed tenancy rights Bombay Rents, Hotel & Lodging House Rates Control Act, 1947

Vishwas Krishnarao Gangurde v. Bank of India

12 Jun 2019 · SANDEEP V. MARNE
Cites 0 · Cited by 2

The Bombay High Court upheld eviction of a petitioner in unauthorized occupation of public premises under the PP Act, overruling rent control protections and dismissing the writ petition under Article 227.

property petition_dismissed Significant Public Premises Eviction Act Unauthorized occupation Bombay Rent Act Bonafide requirement

Janhit Nagari Sahakari Pat Sanstha Maryadit v. State of Maharashtra & Ors.

06 Jun 2019 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court held that the Registrar's suo motu inquiry power under section 83 of the Maharashtra Cooperative Societies Act can be triggered by complaints from non-members only after independent application of mind, and set aside an inquiry ordered mechanically on a non-member complaint.

administrative petition_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 83 inquiry Registrar's suo motu power Non-member complaint

The State of Maharashtra v. Anuradha Subhash Dhumal

31 May 2019 · Dipankar Datta, CJ; G. S. Kulkarni, J.

The Bombay High Court held that transfers of police constables within the same place of posting before completion of five years are valid if recommended by the Police Establishment Board based on public interest or administrative exigencies, setting aside the Tribunal's order quashing such transfers.

administrative appeal_allowed Significant Maharashtra Police Act, 1951 Police Establishment Board Mid-term transfer Normal tenure

Sou. Fatima Shabbir Shaikh v. The State of Maharashtra & Ors.

31 May 2019 · Nitin Jamdar; M.M. Sathaye
Cites 0 · Cited by 4

The Bombay High Court held that a directly appointed Principal cannot be reverted to a lower post never held without due process, quashing the reversion order for violation of natural justice and directing reinstatement with consequential benefits.

labor appeal_allowed Significant reversion in rank direct appointment principles of natural justice minority educational institution

Wework India Management Private Limited v. M/s. KGA Investments

17 May 2019 · Sharmila U. Deshmukh

The Bombay High Court upheld the Revisional Court's order directing deposit of license fee arrears under Order 39 Rule 10 CPC, holding that force majeure excused payment during lockdown but unilateral surrender of part premises was impermissible.

civil appeal_dismissed Significant Leave and License Agreement Force Majeure Order XV-A CPC Order 39 Rule 10 CPC