High Court of Bombay

5,061 judgments

Year:

Bhawarlal Parasmal Joshi v. The Solapur Municipal Corporation & Ors.

31 Jul 2018 · Sandeep V. Marne

The Bombay High Court held that successors-in-title of lessees have a right to seek renewal, not extension, of municipal lease, and the Municipal Corporation must consider renewal applications without arbitrary eviction.

property appeal_dismissed Significant lease renewal lease extension municipal property Maharashtra Municipal Corporations Act 1949

Sai Agencies v. The State of Maharashtra

30 Jul 2018 · A.A. Sayed; S.G. Dige
Cites 0 · Cited by 1

The Bombay High Court dismissed the writ petition challenging tender rejection, holding that the petitioner lacked requisite experience certificates and that the tender allotment to other bidders was proper and free from arbitrariness or mala fides.

administrative petition_dismissed Significant judicial review tender process experience certificate arbitrariness

Pramod V. Bhatre v. Life Insurance Corporation of India

27 Jul 2018 · Dipankar Datta, CJ; M. S. Karnik, J.
Cites 0 · Cited by 2

The Bombay High Court dismissed the writ petition seeking regularization of a long-serving temporary LIC employee, holding that he was not covered by the Supreme Court-mandated absorption scheme and thus not entitled to permanent status or benefits.

administrative petition_dismissed Significant regularization temporary employee permanent status Life Insurance Corporation of India

Mr. Shrikrishna Bhikaji Bondge v. State of Maharashtra

09 Jul 2018 · S. C. GUPTE; SURENDRA P. TAVADE

The Bombay High Court held that government orders restricting recruitment do not apply retrospectively to invalidate prior appointments and directed approval and salary grant for a peon's appointment made in 2009.

administrative petition_allowed Significant Government Resolution retrospective effect appointment approval surplus staff

Mohammed Zain Khan v. Maharashtra Real Estate Regulatory Authority

05 Jul 2018 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court held that complaints under Section 31 of RERA are maintainable only for projects liable to registration, dismissing the appellant's claim against an unregistered agricultural land project not capable of registration.

administrative appeal_dismissed Significant Real Estate Regulatory Authority RERA Section 31 complaint Non-registration

M/s. Pragatej Builders And Developers Pvt. Ltd. v. Mr. Abhishek Anuj Sukhadia and Mrs. Chaya Anuj Sukhadia

04 Jul 2018 · Sandeep V. Marne

The Bombay High Court upheld MahaRERA's order directing the promoter to pay interest from the original possession date under the sale agreement, rejecting the promoter's claim that the revised project completion date or COVID-19 moratorium exempted it from liability.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 Section 18 RERA Section 4(2)(l)(C) RERA interest on delayed possession

Manvi Hakka Sanrakshan and Jagruti v. Charity Commissioner of Maharashtra and Ors.

04 Jul 2018 · M. S. Sonak; Jitendra Jain

The Bombay High Court quashed a Charity Commissioner circular directing trusts to remove phrases like 'corruption eradication' and 'human rights' from their names, holding such objectives fall within charitable purposes under the Maharashtra Public Trusts Act, 1950 and the circular lacked statutory authority.

administrative petition_allowed Significant Maharashtra Public Trusts Act, 1950 Charitable purposes Revised Circular No.543 Charity Commissioner

Subrat Kumar Sahoo v. Mumbai University and College Tribunal & Ors.

03 Jul 2018 · Sandeep V. Marne

The Bombay High Court upheld reinstatement after wrongful termination without enquiry, allowed fresh enquiry with subsistence allowance during enquiry period, and set aside denial of backwages pending enquiry.

labor petition_allowed Significant termination of service disciplinary enquiry reinstatement with continuity subsistence allowance

Dhondu Sakharam Tambe & Rupali Dhondu Tambe v. The Union of India

03 Jul 2018 · Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court allowed compensation to the parents of a deceased train passenger based on circumstantial evidence and established bonafide passenger status despite non-reporting of the incident to railway officials.

civil appeal_allowed Significant Railways Act 1989 Railway Claims Tribunal compensation claim untoward incident

Chogalal Santokhji Raval v. Sjamkarprasad Jagnath Varma

02 Jul 2018 · Sandeep V. Marne

The Court held that possession after expiry of a license does not confer protected tenant status under Section 15A of the Bombay Rent Act and upheld the decree for recovery of possession in favor of the Plaintiff.

civil petition_dismissed Significant Leave and License Agreement Section 15A Bombay Rent Act Protected tenant Section 116 Indian Evidence Act

Blossom Industries Limited v. Union of India

29 Jun 2018 · M.S. Sonak; Jitendra Jain
Cites 2 · Cited by 0

The Bombay High Court dismissed the writ petition challenging a GST show cause notice on production overhead charges and misclassification, holding that statutory remedies must be exhausted and the notice was not without jurisdiction.

tax petition_dismissed Significant GST jurisdiction show cause notice alcoholic liquor tax Advance Ruling

KSL & Industries Ltd v. Patheja Forgings & Auto Parts Manufacturing Ltd

28 Jun 2018 · Arif S. Doctor

The Bombay High Court held that winding-up proceedings must be transferred to the NCLT under Section 434(1)(c) unless the company has reached irreversible corporate death, enabling resolution under the IBC.

corporate appeal_allowed Significant Section 434(1)(c) Companies Act Insolvency and Bankruptcy Code winding-up proceedings corporate insolvency resolution

Gayatri Construction v. The State of Maharashtra

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld a unilateral deemed conveyance order granting land ownership to a cooperative housing society under MOFA, rejecting the petitioner's challenge based on prior lease agreements and procedural grounds.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 unilateral deemed conveyance lease vs ownership principles of natural justice

Surya Corporation and anr. v. The Competent Authority and ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court held that a Competent Authority cannot materially alter a certificate of unilateral deemed conveyance by issuing a Corrigendum without jurisdiction, notice, or reasons, and set aside such Corrigendum and consequent conveyance deed.

administrative appeal_allowed Significant Competent Authority Corrigendum Unilateral deemed conveyance Jurisdiction

Yogesh Jayant Khadilkar v. The State of Maharashtra & Ors.

22 Jun 2018 · Sandeep V. Marne
Cites 0 · Cited by 4

The Bombay High Court upheld the Competent Authority's grant of deemed conveyance to a Co-operative Housing Society despite absence of occupancy certificate, affirming that promoter default cannot bar conveyance under Section 11 MOFA.

property petition_dismissed Significant deemed conveyance occupancy certificate Maharashtra Ownership Flats Act Section 11 MOFA

Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld the Competent Authority's grant of unilateral deemed conveyance under Section 11 of MOFA to a cooperative housing society despite unauthorized construction and absence of occupation certificate, emphasizing the promoter's default cannot bar the society's statutory rights.

property petition_dismissed Significant deemed conveyance Maharashtra Ownership Flats Act occupation certificate unauthorized construction

Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.

22 Jun 2018 · Sandeep V. Marne

The Bombay High Court upheld the Competent Authority's power under Section 11 of MOFA to grant unilateral deemed conveyance to a cooperative housing society despite absence of occupation certificate and unauthorized construction, rejecting landowners' challenge.

property petition_dismissed Significant deemed conveyance Maharashtra Ownership Flats Act occupation certificate unauthorized construction

ACME Enterprises & Anr. v. Deputy Registrar Co-operative Societies (2) & Ors.

22 Jun 2018 · Sandeep V. Marne

The court held that unilateral deemed conveyance under MOFA vests title by summary order but does not conclusively decide title disputes, which must be adjudicated in civil suits to determine land entitlement and construction rights between Developer and Federation.

property other Significant Maharashtra Ownership Flats Act unilateral deemed conveyance competent authority developer rights

Ganesh Arjun Chukkal v. Melronia Hospitality Private Limited

19 Jun 2018 · Sandeep V. Marne

The Court upheld eviction of licensee Brice and dismissed claims of personal leasehold rights by its director based on a dubious unregistered lease deed, affirming that possession secured by license must be surrendered upon expiry.

civil appeal_dismissed Significant Leave and License Agreement Lease Deed Eviction Maharashtra Rent Control Act

GAC Shipping (India) Pvt Ltd & Ors v. MV Golden Pride & Ors

15 Jun 2018 · G. S. Patel

The Bombay High Court upheld the arrest and auction sale of MV Golden Pride for unpaid port dues, confirming the sale to the highest bidder for scrap value under the Admiralty Act, 2017, and dismissed the vessel owners' challenges.

civil appeal_dismissed Significant Admiralty Jurisdiction Arrest of vessel Auction sale Maritime claim