High Court of Bombay

5,131 judgments

Year:

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

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