High Court of Bombay

5,061 judgments

Year:

Jayashree Chandrakant Dhavre v. Union of India

28 Feb 2018 · Nitin Jamdar; Abhay Ahuja
Cites 0 · Cited by 16

The Bombay High Court directed payment of the final reward to the legal heir of a deceased informer, holding that belated doubts about identity cannot justify arbitrary withholding of rewards already partially disbursed.

administrative petition_allowed Significant reward to informer Customs Act, 1962 Circular No. 20/2015 interim reward

Satara District Central Co-operative Bank Ltd. v. State of Maharashtra

26 Feb 2018 · Dhiraj Singh Thakur; Sandeep V. Marne

The Bombay High Court set aside the order cancelling recruitment of 385 cooperative bank employees, holding that cancellation without hearing appointees and without concrete proof of irregularity violates natural justice and is unsustainable after six years of service.

administrative appeal_allowed Significant Cooperative Bank recruitment Cancellation of appointments Principles of natural justice Jurisdiction of Additional Chief Secretary

B.V. Jewels v. Union of India

23 Feb 2018 · M.S. Sonak; Jitendra Jain · 2024:BHC-OS:18485-DB
Cites 0 · Cited by 3

The Bombay High Court dismissed the writ petition challenging the statutory interest demand and sealing of factory premises, holding the petitioner failed to comply fully with the Supreme Court's order and the interest liability arises automatically under the Customs Act.

tax petition_dismissed Significant Customs Act, 1962 Section 28AA interest on delayed payment CESTAT order

Usha Kakade v. Vistra ITCL (India) Ltd.

22 Feb 2018 · M. S. Sonak; Jitendra Jain
Cites 1 · Cited by 0

Appeals against orders in enforcement proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 are not maintainable under the Commercial Courts Act or CPC, and the maintainability issue is conclusively settled by res judicata.

commercial appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 36 ACA Section 37 ACA Commercial Courts Act, 2015

Hiraman Yashwant Kathe & Ors. v. The State of Maharashtra & Ors.

14 Feb 2018 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 0 · Cited by 4

The Bombay High Court held that disputes over compensation fixed by agreement under Section 33(2) of the Maharashtra Industrial Development Act cannot be referred under Section 34, and the 2013 Act applies only to compensation determined unilaterally by the Collector.

property petition_dismissed Significant Maharashtra Industrial Development Act, 1961 Section 33 Section 34 land acquisition

Bachpan Bachao Andolan v. State of Maharashtra

09 Feb 2018 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 19

The Bombay High Court directed Maharashtra to comply with Supreme Court mandates and statutory obligations under the Juvenile Justice Act, 2015, ensuring effective child protection through proper staffing, functioning, and monitoring of all related authorities and institutions.

constitutional petition_allowed Significant Juvenile Justice Act 2015 State Commission for Protection of Child Rights Juvenile Justice Board Child Welfare Committee

Suryakant Kisan Pawar v. Deputy Collector, Mumbai and Presiding Officer Parents and Senior Citizens Subsistence Tribunal, Mumbai City; Kusum Kisan Pawar

01 Feb 2018 · G. S. Kulkarni
Cites 0 · Cited by 2

The Bombay High Court upheld the eviction of a son unlawfully occupying his senior citizen mother's tenement under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, affirming the Tribunal's protective jurisdiction.

family appeal_dismissed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Senior citizen rights Eviction Tenement ownership

Girish Sahakari Griharachana Sanstha Maryadit v. Mallikarjun Madhavrao Navande

12 Jan 2018 · Amit Borkar

The court held that refusal of membership in a co-operative society must be based on statutory or bye-law grounds and cannot be justified by alleged unauthorized construction, breach of land use conditions, or contractual clauses absent express statutory disqualification.

civil petition_dismissed Significant Maharashtra Co-operative Societies Act Section 23 membership admission unauthorized construction

Yedage Vishnu Baba v. The State of Maharashtra & Ors.

09 Jan 2018 · Sandeep V. Marne

The Bombay High Court held that the Minister exceeded jurisdiction by reviewing his own order without new evidence or error apparent on record, setting aside the review order and upholding the original restoration of licenses.

administrative appeal_allowed Significant power of review Rule 16 Maharashtra Essential Commodities Rules error apparent on face of record revision vs review

City & Industrial Development Corporation of Maharashtra Ltd. v. Government of India

05 Jan 2018 · Dipankar Datta; G. S. Kulkarni

The Bombay High Court allowed CIDCO to remove mangroves for a public bypass bridge project, subject to strict compliance with environmental conditions and an undertaking, despite an interim freeze on mangrove destruction.

environmental petition_allowed Significant mangrove removal public infrastructure project environmental clearance Maharashtra Regional & Town Planning Act

Chandralok (B) CHS Ltd. v. Manish Rajnikant Jaitha & Ors.

29 Dec 2017 · Abhay Ahuja
Cites 1 · Cited by 1

The High Court upheld the trial court's order allowing impleadment of legal heirs after death of a plaintiff, condoning delay in substitution application under Order 22 CPC and Limitation Act to ensure adjudication on merits.

civil appeal_dismissed Significant Order 22 CPC abatement of suit legal representatives condonation of delay

Dhananjay Shivram Mapare and Ors. v. Vilas Eknath Kapre and Ors.

22 Dec 2017 · Sandeep V. Marne

The High Court allowed the revision to reject a vexatious suit filed to challenge a final partition decree, holding that no real cause of action existed and the plaint was liable to be dismissed under Order VII Rule 11 CPC.

civil appeal_allowed Significant Order VII Rule 11 CPC cause of action vexatious litigation fraud

Nishant Karsan Bhagat v. The City and Industrial Development Corporation of Maharashtra Ltd.

15 Dec 2017 · Dipankar Datta, CJ; G. S. Kulkarni, J.
Cites 0 · Cited by 10

The Court upheld CIDCO's authority to allot lands prior to publication of the NMMC's Draft Development Plan and dismissed petitions challenging such allotments and State Government directives protecting them.

administrative appeal_dismissed Significant Maharashtra Regional and Town Planning Act, 1966 New Town Development Authority CIDCO Navi Mumbai Municipal Corporation

Vitthalrao Shinde Sahakari Sakhar Karkhana Ltd. v. State of Maharashtra

13 Dec 2017 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court remanded the issue of EMI deduction for determining sugarcane revenue sharing price for 2016-2017 to the statutory Board for fresh consideration in light of subsequent policy developments.

administrative appeal_allowed Significant Revenue Sharing Price Equated Monthly Installments Sugarcane Price Regulation Maharashtra Regulation of Sugarcane Price Act 2013

Wadhwa Group Housing Private Ltd. v. Mr. Vijay Choksi & Ors.

04 Dec 2017 · Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court held that all promoters registered under a real estate project are jointly liable to refund amounts with interest under RERA, regardless of which promoter received payment, dismissing the appeal of a promoter denying liability.

civil appeal_dismissed Significant Real Estate (Regulation and Development) Act, 2016 promoter liability joint development agreement refund with interest

The Deputy Director and Ors. v. Vijaya Balbhim Mali and Ors.

27 Nov 2017 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court set aside the Industrial Court's order granting permanency to daily wage social forestry workers, holding that mere long service without proper appointment does not confer permanency under constitutional and statutory law.

labour appeal_allowed Significant permanency daily wage workers social forestry Kalelkar Award

Brihan Mumbai Electric Supply and Transport Undertaking v. Kishor Gulab Salve

22 Nov 2017 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Court's order reinstating a disabled employee dismissed for unauthorized absence, holding that dismissal was victimization violating disability protection laws and directing partial backwages and continuity of service.

labor petition_dismissed Significant disability certificate Rights of Persons with Disabilities Act, 2016 victimization unauthorized absence

Sandeep Gautam Kamble v. The State of Maharashtra

16 Nov 2017 · A. S. Chandurkar; G. A. Sanap
Cites 0 · Cited by 2

The Bombay High Court held that government orders imposing recruitment bans cannot be applied retrospectively to invalidate appointments made prior to such orders and directed approval of the petitioner’s appointment with consequential benefits.

administrative petition_allowed Significant recruitment ban retrospective application government resolution appointment approval

Sadanand Belvalkar v. State of Maharashtra

15 Nov 2017 · S. M. Modak
Cites 0 · Cited by 1

The Bombay High Court allowed the writ petition, holding that disputes regarding refusal of one-time settlement benefits fall within the Co-operative Court's jurisdiction under Section 91 of the Maharashtra Co-operative Societies Act, and set aside the appellate court's order dismissing the plaint as not maintainable.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 91 jurisdiction Recovery certificate Section 101 One-time settlement (OTS)

Estella Fernandes v. Swarna Highrise Constructions

15 Nov 2017 · G. S. Kulkarni; R. N. Laddha

Minority tenants cannot stall redevelopment by refusing agreements or claiming ownership rights beyond tenancy entitlements under DCPR 2034; redevelopment may proceed with majority consent and statutory compliance.

property appeal_dismissed Significant Development Control and Promotion Regulations 2034 Permanent Alternate Accommodation Agreement fungible Floor Space Index tenant rights