High Court of Bombay

5,061 judgments

Year:

Sulochana Divakar Parkar v. Ashok Shamrao Bhatte & Ors.

01 Feb 2019 · Sandeep V. Marne

The Bombay High Court held that legal heirs must plead and prove their own bonafide requirement in eviction suits after the death of original Plaintiff, setting aside an eviction decree granted without such pleading.

civil appeal_allowed Significant bonafide requirement eviction suit legal heirs pleading requirement

Fork Media Pvt. Ltd. v. Union of India

01 Feb 2019 · M.S. Sonak; Jitendra Jain · 2024:BHC-OS:20181-DB

The Bombay High Court dismissed the petition challenging the denial of relief under the SVLDRS Scheme due to failure to prove post-enquiry utilization of CENVAT credit and upheld the additional tax demand.

tax petition_dismissed Significant Sabka Vishwas Legacy Dispute Resolution Scheme Section 124(2) CENVAT credit pre-deposit

L.J. Tanna Shares and Securities Pvt. Ltd. and Ors. v. 63 Moons Technologies Ltd. and Ors.

24 Jan 2019 · Sandeep V. Marne
Cites 1 · Cited by 3

The Bombay High Court held that NSEL cannot utilize funds deposited by NAFED in the Delhi High Court without court permission and directed transfer of the amount to its own registry, rejecting NSEL’s application for utilization.

civil appeal_allowed Significant injunction utilization of funds escrow account arbitral award

Vidya Vikas Education Society v. Sunil Gulabrao Wadatkar

17 Jan 2019 · Sandeep V. Marne
Cites 1 · Cited by 1

The High Court set aside the termination of a school employee due to procedural defects in the enquiry and remanded the matter for fresh enquiry ensuring full opportunity of defence.

labor other Significant domestic enquiry principles of natural justice cross-examination remand of enquiry

Seth Motishaw Lalbaug Jain Charities v. Bombay General Employees’ Association

22 Dec 2018 · Sandeep V. Marne

The Bombay High Court held that a public charitable trust engaged in systematic commercial activities with wage-earning employees qualifies as an 'industry' under the Industrial Disputes Act, 1947, notwithstanding its religious and charitable objectives.

labor petition_dismissed Significant industry definition charitable trust Industrial Disputes Act 1947 employer-employee relations

Shalen D’Mello v. Ruby Victoria Ferreira

02 Dec 2018 · N.J. Jamadar · 2023:BHC-AS:2088

The Bombay High Court allowed the appeal to set aside an ex-parte decree, holding that negligence of a party's Advocate can constitute sufficient cause to condone delay and restore the suit for fresh hearing.

civil appeal_allowed Significant Order IX Rule 13 CPC ex-parte decree condonation of delay negligence of Advocate

Fcbulka Advertising Pvt Ltd v. Assistant Commissioner of Income

29 Nov 2018 · M.S. Sonak; Jitendra Jain

The Bombay High Court quashed the rejection of a DDT refund claim for lack of procedural fairness, held that a preliminary communication is not a final statutory order under Section 237 of the Income Tax Act, and directed fresh adjudication with opportunity of hearing.

tax appeal_allowed Significant Dividend Distribution Tax Income Tax Act Section 237 Refund claim Statutory order

Jogesh Pranlal Patel v. Shivaji Nagar She Ganesh CHS Ltd.

20 Nov 2018 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court upheld the Deputy Registrar's order granting cooperative society membership to petitioners post-MHADA conveyance, setting aside the Divisional Joint Registrar's remand order.

civil petition_allowed Significant Maharashtra Cooperative Societies Act, 1960 membership transfer MHADA permission conveyance deed

Mrs. Shaila Tanaji Patil v. Maharashtra Public Service Commission

11 Oct 2018 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court held that a candidate possessing a valid sports certificate prior to application and submitting its verification at interview cannot be disqualified for non-submission of the certificate with the application, allowing her appointment as Police Sub-Inspector.

administrative appeal_allowed Significant Sports Verification Certificate Reservation in Police Recruitment Administrative Tribunal Article 226

Hamid Narendra Dabholkar & Ors. v. Sanatan Sanstha & Ors.

11 Oct 2018 · N.J. Jamadar
Cites 1 · Cited by 0

The Bombay High Court allowed transfer of defamation suits filed by Sanatan Sanstha from Goa to Maharashtra courts, holding that reasonable apprehension of threat to life and fair trial justifies transfer under Section 24 of the CPC by the common High Court.

civil appeal_allowed Significant Section 24 Code of Civil Procedure transfer of suit Bombay High Court jurisdiction Sanatan Sanstha

Oyster Ship Management Private Limited & Ors. v. M/s. Bhavsar Construction Co. Pvt. Ltd. & Ors.

10 Oct 2018 · Sandeep V. Marne

The Bombay High Court upheld the lawful compromise between Plaintiffs and certain Defendants for development and possession of commercial units, allowing suit abandonment against others while preserving their independent rights.

civil appeal_allowed Significant Order XXIII Code of Civil Procedure Compromise of suit Maharashtra Ownership of Flats Act SAFEMA forfeiture

Shrikisan Narayanrao Solanki & Ors. v. The State of Maharashtra & Ors.

04 Oct 2018 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court held that Assistant Teachers in Zilla Parishad Primary Schools are eligible to participate in the 2017 Limited Departmental Competitive Examination for Deputy Education Officer under the District Technical Services stream, setting aside the Maharashtra Administrative Tribunal's dismissal.

administrative appeal_allowed Significant Limited Departmental Competitive Examination Deputy Education Officer District Technical Services Maharashtra Education Service

Aditya Birla Finance Limited v. Debojyoti Paul

13 Sep 2018 · Advait M. Sethna

The Bombay High Court appointed a sole arbitrator under a valid arbitration clause in a deed of guarantee, rejecting the respondent's objection based on pending SARFAESI proceedings.

commercial_arbitration appeal_allowed Significant arbitration clause deed of guarantee Section 11(6) Arbitration and Conciliation Act SARFAESI Act

Dr. Nikhil Shah & Ors. v. The Pune Cantonment Board & Ors.

11 Sep 2018 · Alok Aradhe, CJ; Sandeep V. Marne, J.

The Bombay High Court upheld the use of Hadapsar Industrial Estate land for solid waste processing by Pune Cantonment Board and Pune Municipal Corporation under the Solid Waste Management Rules, 2016, dismissing petitions seeking its relocation outside Pune city limits.

administrative petition_dismissed Significant Solid Waste Management Rules, 2016 Municipal solid waste Dump site suitability Pune Cantonment Board

Samir Narain Bhojwani v. Siddhivinayak Realtors LLP

07 Sep 2018 · Amit Borkar
Cites 0 · Cited by 8

The court held that membership proceedings under Section 23(2) of the Maharashtra Cooperative Societies Act are limited to membership entitlement and do not adjudicate ownership rights, dismissing challenges based on a set-aside arbitral award and emphasizing exhaustion of statutory remedies.

civil appeal_dismissed Significant Maharashtra Cooperative Societies Act Section 23(2) membership entitlement arbitral award set aside

Shree Khambhati Modh Vanik Samaj v. State of Maharashtra

28 Aug 2018 · N. J. Jamadar

The Bombay High Court held that only trustees or beneficiaries deriving benefit under the trust qualify as "persons having interest" entitled to intervene in section 36 proceedings, and persons with adverse contractual interests cannot intervene before the Charity Commissioner.

administrative appeal_allowed Significant Maharashtra Public Trust Act, 1950 Section 36 person having interest Charity Commissioner

Fortune Developers and Infrastructure v. Pune Municipal Corporation & Ors.

09 Aug 2018 · M. S. Sonak; Kamal Khata
Cites 0 · Cited by 8

The Bombay High Court quashed the stop work order against a construction project near Yerawada Central Prison, holding that the prison rules do not restrict construction beyond prison perimeter walls and that the petitioner’s property rights were unlawfully infringed.

administrative appeal_allowed Significant Stop Work Notice Maharashtra Prisons Rules 1964 Property Rights Article 300A Buffer Zone

NTPC BHEL Power Projects Pvt. Ltd. v. Shree Electricals & Engineers (India) Pvt. Ltd.

06 Aug 2018 · G. S. Kulkarni; Advait M. Sethna · 2025:BHC-AS:12377-DB
Cites 0 · Cited by 1

The High Court allowed the appeal, holding that the delay in filing the Section 34 application challenging the arbitral award was condonable under Section 14 of the Limitation Act due to bona fide prosecution of a prior writ petition and COVID-19 limitation extensions.

arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 application Limitation Section 14 Limitation Act

Ashok Gangadhar Puranik & Atul Gangadhar Puranik v. State of Maharashtra & Ors.

02 Aug 2018 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 0 · Cited by 5

The Bombay High Court held that the Court Receiver was discharged before acquisition, upheld the validity of compensation paid to landowners, quashed State's refund demands, dismissed challenges by Ranjit, and directed completion of acquisition with costs against vexatious litigant.

property appeal_allowed Significant land acquisition Court Receiver advance compensation family partition suit

M/s. Magnum Opus IT Consulting Pvt. Ltd. v. M/s. Artcad Systems

31 Jul 2018 · Nitin Jamdar; Bharati H. Dangre; Sandeep V. Marne

The Bombay High Court Full Bench held that Single Judge jurisdiction under Rule 18(3) extends to all quasi-judicial orders under any legislation, overruling conflicting Division Bench decisions.

constitutional appeal_allowed Significant Rule 18 Bombay High Court Appellate Side Rules, 1960 Single Judge jurisdiction Division Bench jurisdiction quasi-judicial orders