High Court of Bombay

5,061 judgments

Year:

Kashinath Ramchandra Kolwankar and Ors. v. Sunanda and Ors.

03 May 2019 · Sandeep V. Marne

The Bombay High Court upheld eviction of a tenant by confirming landlordship based on tenancy and rent payment, ruling that ownership title is irrelevant in Rent Act suits and tenants are estopped from denying landlord's title during tenancy.

civil petition_dismissed Significant Bombay Rent Act landlord-tenant relationship Section 116 Indian Evidence Act res judicata

M/s. Meritas Hotels Pvt. Ltd. v. The State of Maharashtra

20 Apr 2019 · Dipankar Datta, CJ; M. S. Karnik, J.

The Bombay High Court held that the limitation period for filing a GST appeal starts from the date of communication of the assessment order by email, not from its upload on the GST portal, and dismissed the writ petition challenging the rejection of a belated appeal.

tax petition_dismissed Significant Maharashtra Goods and Services Tax Act, 2017 Section 62 assessment Section 107 appeal limitation communication of order

Uday Dalal; Ajay Biyani; Rina Pritish Nandy v. Divisional Joint Registrar; Dy. Registrar; Prachi Agarwal; Malboro House Coop. Housing Society Limited; Ruvin Realty Private Limited

17 Apr 2019 · Amit Borkar

Membership in a cooperative housing society must strictly conform to the sanctioned building plan, and unauthorized creation of new flats for membership is invalid even if approved by the society's general body.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 membership eligibility sanctioned plan flat definition

Kasturi Sushma Khandekar v. State of Maharashtra

08 Apr 2019 · Sunil B. Shukre; G.A. Sanap
Cites 0 · Cited by 1

The Bombay High Court held that a petitioner raised in the social environment of her Scheduled Caste mother is entitled to claim her mother’s caste status, quashing the Scrutiny Committee’s invalidation of her caste certificate.

administrative appeal_allowed Significant caste certificate Scheduled Caste social status maternal lineage

Vijay Nagar Apartments & Anr. v. State of Maharashtra & Ors.

04 Apr 2019 · G.S. Patel; Kamal Khata
Cites 1 · Cited by 1

The Bombay High Court held that a condition barring claim to Amenity TDR tied to garden maintenance ceases when possession is lost, mandating grant of additional TDR under statutory and constitutional protections despite delay.

property petition_allowed Significant Amenity Transferable Development Rights TDR Development Control Regulations 1991 Maharashtra Regional and Town Planning Act 1966

Gini Tex Private Limited v. Soham Fashion & Ors.

31 Mar 2019 · Kamal Khata

The Bombay High Court granted summary judgment in favour of the plaintiff for recovery of Rs. 45,18,600 with interest due to defendants' non-appearance and dishonour of cheques in a commercial summary suit.

civil appeal_allowed summary suit Order XXXVII CPC dishonoured cheque Section 138 Negotiable Instruments Act

M/s. Gini Silk Mills Ltd v. Soham Fashion & Ors.

31 Mar 2019 · Kamal Khata

The Bombay High Court granted summary judgment in favor of the plaintiff for dishonoured cheques and unpaid dues after defendants failed to appear despite valid service under Order XXXVII CPC.

civil appeal_allowed summary suit Order XXXVII CPC non-appearance dishonoured cheque

Devram Sawleram Mundhe & Ors. v. The State of Maharashtra & Ors.

30 Mar 2019 · G. S. Kulkarni

The Bombay High Court upheld the transfer of a liquor licence near an educational institution, holding that statutory distance requirements were met and unsubstantiated law and order fears do not justify denial.

administrative petition_dismissed Significant liquor licence transfer Bombay Foreign Liquor Rules statutory distance requirement educational institution

Padmakar Narhar Deshpande v. Central Bureau of Investigation

30 Mar 2019 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court held that the validity and competency of prosecution sanction under the Prevention of Corruption Act must be decided during trial, not at pretrial discharge stage, and dismissed the applicant's challenge to the rejection of discharge applications.

criminal appeal_dismissed Significant prosecution sanction competent authority Section 19 Prevention of Corruption Act discharge application

Shree Educational Trust v. Dombivali Shikshan Prasarak Mandal

30 Mar 2019 · N. J. Jamadar
Cites 0 · Cited by 1

The Bombay High Court held that a defendant whose right to file a written statement is foreclosed by a final order cannot file an additional written statement to an amended plaint without court permission, and rejected the attempt to treat a previously rejected written statement as part of the record.

civil petition_dismissed Significant written statement amended plaint no written statement order consequential amendment

Astute Valuers and Consultants Pvt. Ltd. v. Union of India

22 Mar 2019 · M.S. Sonak; Advait M. Sethna
Cites 0 · Cited by 9

The Bombay High Court held that issuance of a Discharge Certificate under the SVLDRS scheme conclusively settles tax dues barring further interest demands, and quashed show cause notices issued thereafter.

tax petition_allowed Significant Sabka Vishwas Legacy Dispute Resolution Scheme 2019 Discharge Certificate Finance Act 2019 Section 128

M/s Renaissance Infrastructure v. Shri Parth B. Suchak

20 Mar 2019 · S.C. GUPTE

The High Court held that an agreement satisfying a partner's share in a promoter partnership is an agreement for sale under RERA, mandating the promoter to make a mandatory pre-deposit before appealing, and dismissed the appeal for non-compliance.

civil appeal_dismissed Significant Real Estate Regulation and Development Act, 2016 Section 43(5) pre-deposit agreement for sale

Nana Narayan Bhalerao v. State of Maharashtra

01 Mar 2019 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed a writ petition seeking allotment of additional land after nearly five decades, holding that stale claims barred by delay and laches cannot be revived under Article 226.

administrative petition_dismissed Significant delay and laches writ jurisdiction Article 226 land allotment

Tatoba Rama Chavan v. Collector, Kolhapur District

01 Mar 2019 · G.S. Kulkarni; Jitendra Jain

The Bombay High Court dismissed a writ petition seeking allotment of land after a 38-year delay, holding that unexplained delay and non-compliance with statutory conditions bar relief under Article 226.

administrative petition_dismissed Significant Article 226 delay and laches project affected persons land acquisition

Shreem Electric Limited v. Transformers and Rectifiers India Ltd.

28 Feb 2019 · Sandeep V. Marne

The Bombay High Court set aside the District Court's unreasoned order returning the plaint without jurisdictional findings, restoring the commercial suit filed by the appellant.

civil appeal_allowed Significant Order 7 Rule 10 CPC Order 7 Rule 11 CPC temporary injunction jurisdiction

IDBI Trusteeship Services Limited v. District Collector, Pune

21 Feb 2019 · S. J. Kathawalla; Vinay Joshi

The Bombay High Court held that a registered English Mortgagee has priority over RERA recovery claims recoverable as arrears of land revenue, quashing an auction sale conducted without considering the mortgagee's rights.

civil appeal_allowed Significant Registered Mortgage English Mortgage Real Estate Regulatory Authority RERA

Britannia Industries Ltd. v. Maya Sunil Alagh

21 Feb 2019 · Sandeep V. Marne
Cites 0 · Cited by 5

The High Court held that courts lack jurisdiction to fix standard rent under the Maharashtra Rent Control Act, 1999 for premises let after 1 October 1987, setting aside lower court orders fixing nominal standard rent for such premises.

civil appeal_allowed Significant standard rent Maharashtra Rent Control Act, 1999 premises let after 1 October 1987 jurisdiction

Satia Industries Ltd. v. The State of Maharashtra

19 Feb 2019 · S.C. Gupte; M.S. Karnik

The Bombay High Court upheld tender conditions promoting procurement of recycled pulp paper based on environmental policy, dismissing challenges alleging toxicity and exclusion of virgin pulp manufacturers after corrigendum.

administrative petition_dismissed Significant tender conditions recycled pulp paper virgin pulp paper administrative policy

Patanjali Foods Ltd. v. Union of India

16 Feb 2019 · K. R. Shriram; Jitendra Jain
Cites 1 · Cited by 6

The Bombay High Court held that the tariff value applicable to imported goods is the rate in force at the exact time of presentation of the bill of entry, quashing reassessment based on a subsequent notification increasing tariff value.

tax appeal_allowed Significant Customs Act, 1962 tariff value bill of entry self-assessment

Ashu Dutt v. Aneesha Dutt

15 Feb 2019 · S.C. Gupte

The Bombay High Court dismissed an interim application filed in a disposed writ petition concerning a minor child's travel abroad, holding that the Court lacked jurisdiction to entertain substantive applications in a disposed petition despite the paramountcy of child welfare.

family petition_dismissed Significant custody dispute interim application functus officio welfare of the child