High Court of Bombay
5,131 judgments
Sachin Deoram Sable v. Maharashtra State Road Transport Corporation & State of Maharashtra
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.
Ajay Boraste v. The State of Maharashtra
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.
Linker Shelter Pvt. Ltd. v. Charmaine Chougule & Ors.
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.
National Centre for the Performing Arts v. Union of India
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.
Swati Mangesh Sawant v. The State of Maharashtra and Ors.
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.
Sharekhan Limited v. Darshini Shah
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.
Bhiku Anna Tambe & Laxman Anna Tambe v. Ganpat Anna Tambe & Ors.
The Bombay High Court held that the Lokayukta lacks jurisdiction to decide civil inheritance disputes and quashed its order directing cooperative society payments, emphasizing adherence to natural justice.
Kishor K. Mehta and Rajesh K. Mehta v. Recovery Officer, Debts Recovery Tribunal and HDFC Bank Ltd.
The Bombay High Court stayed the Recovery Officer's order directing civil arrest of loan defaulters, emphasizing the need for jurisdictional facts, natural justice, and a time-bound opportunity to contest before finalizing such stringent recovery measures.
State of Maharashtra v. Sudhir Bhagwat Kalekar
The High Court held that correction of date of birth in government service records must be sought within five years of appointment and dismissed a late application filed shortly before retirement, emphasizing the need for finality and administrative certainty.
Illiyas Mangroo Shaikh v. Bombay Electricity Supply and Transport Undertaking
The Bombay High Court held that consumers are not entitled to interest on statutory deposits made under Section 127 of the Electricity Act, 2003, when the appeal succeeds and the assessment is set aside.
Prakash Narayan Harake v. Anil Kisan Walunj
The Bombay High Court held that upon setting aside an election under Section 15(2) of the Maharashtra Village Panchayats Act, a fresh election must be held and the runner-up cannot be declared elected.
Leyla Mohmoodi v. The Additional Commissioner of Customs
The Bombay High Court held that the unauthorized disposal and sale of seized gold jewellery without notice and reasons violated statutory and constitutional rights, directing return or compensation to the owners.
Canara Bank v. Deputy Commissioner
The Bombay High Court held that a secured creditor with a registered charge under the SARFAESI Act has priority over State tax dues, and sale of secured assets passes clear title free from State encumbrances absent statutory compliance by tax authorities.
Anita Agarwal v. Union of India & Ors.
The Bombay High Court held that exporters are entitled to interest on delayed GST refunds under Section 56 of the CGST Act even if their refund claims were under investigation due to red-flagging, except for a reasonable 30-day investigation period.
Jyoti Plastic Works Pvt. Ltd. v. Union of India
The Bombay High Court held that under the Sabka Vishwas Scheme, tax dues must be the reduced amounts accepted in the original order, not the original demand, preventing petitioners from being placed in a worse position due to appeals or scheme declarations.
Anand Shyam Agarwal v. State Bank of India
The Bombay High Court quashed orders declaring petitioners as willful defaulters due to non-furnishing of the complete forensic audit report, emphasizing the requirement of natural justice.
Mangal Kiran Waghmode & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court upheld the framing of disqualification charges against Zilla Parishad councillors for defection, ruling that procedural defects were curable and the existence of the political party was established despite absence of Gazette notification.
State of Maharashtra v. Chhaya Vishwas Bhosale
The High Court set aside the Tribunal's order directing compassionate appointment after prolonged delay, holding that such appointment is not a vested right and must be granted within a reasonable time to serve its benevolent purpose.
Shailesh K. Bothra; Mukesh C. Karwa; Cholamandalam Investment & Finance Co. Ltd. v. State of Maharashtra; Chief Commissioner of Sales Tax; Deputy Commissioner of Sales Tax; Additional Commissioner of State Tax; Joint Commissioner of State Tax
Auction purchasers of property sold under SARFAESI Act on 'as is where is basis' with knowledge of sales tax dues are liable to discharge those dues as the statutory charge under MVAT Act runs with the property and attachment order subsists.
M/s. Unique Enterprises v. Union of India
The Bombay High Court held that tax dues pending adjudication as on 30 June 2019 fall under the Litigation category of the SVLDRS scheme, entitling the petitioner to 70% relief and quashed the demand under the Arrears category.