High Court of Bombay
5,131 judgments
Surya Corporation and anr. v. The Competent Authority and ors.
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.
Yogesh Jayant Khadilkar v. The State of Maharashtra & Ors.
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.
Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.
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.
Laxman Narayan Zagade and Ors. v. Competent Authority and District Deputy Registrar, Cooperative Societies, Pune and Ors.
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.
ACME Enterprises & Anr. v. Deputy Registrar Co-operative Societies (2) & Ors.
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.
Ganesh Arjun Chukkal v. Melronia Hospitality Private Limited
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.
GAC Shipping (India) Pvt Ltd & Ors v. MV Golden Pride & Ors
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.
Rafique Rahemtullah Kabani v. The Assistant Engineer & Designated Officer
The Bombay High Court upheld the Brihanmumbai Municipal Corporation's demolition notice against unauthorized constructions from the 2nd to 8th floors, rejecting natural justice and regularisation claims and dismissing the writ petition with costs.
Amol Kashinath Vyavhare v. Purnima Chaugule Shrirangi
The Bombay High Court quashed an FIR under Sections 505(2), 500, 501, and 502 IPC, holding that reporting internal police disputes does not attract Section 505(2) IPC and that defamation proceedings against public servants require prior sanction under Section 199 CrPC.
Nutan Warehousing Company Pvt. Ltd v. The Commissioner, Central Tax, Pune-II
The Bombay High Court held that warehousing services for tea that retains its essential agricultural characteristics after minimal processing are exempt from GST under Notification No. 12/2017, quashing the adverse Advance Ruling orders.
Electonica India Ltd. v. Electonica Hitech Machines Private Limited
The Bombay High Court set aside the Trade Marks Registry's non-speaking orders allowing trademark transmission without considering objections, remanding the matter for fresh adjudication under Section 45 of the Trade Marks Act, 1999.
Prashant Rambhau Pathare; Dilip Rambhau Pathare; Sandip Rambhau Pathare v. Aparna Ashok Joshi; Amit Ashok Joshi; Anushri Kaustubh Joshi; Vasantraj Champalal Talsera; Goutam Champalal Talsera; Vimalraj Champalal Talsera
The Bombay High Court dismissed the appeal against refusal of temporary injunction in a suit for specific performance due to lack of prima facie proof linking payment to the agreement and inconsistent pleadings by the plaintiffs.
Venus Vasant Valley Co-operative Housing Society Limited v. Sheth Developers Private Limited
The Bombay High Court allowed the developer to continue construction using disclosed FSI and TDR without flat purchasers' consent under Section 7A of MOFA, holding that full disclosure of development potential satisfies statutory requirements and phased development conditions conveyance rights.
Smt. Saranga Anil Kumar Aggarwal v. State of Maharashtra & Ors.
The High Court dismissed the writ petition seeking enhanced development rights under new regulations without scheme conversion, holding that statutory conditions and prevailing regulations govern entitlement.
Anupam Dikshit v. S. Kumars Nationwide Limited & Ors.
The Bombay High Court held that suits instituted prior to liquidation can continue in Civil Court with the Official Liquidator impleaded as party, as Section 33(5) of the IBC bars only fresh suits after liquidation and does not oust Civil Court jurisdiction over pending suits.
Anil Govind Ganu v. Innovative Technomics Pvt. Ltd.
The Bombay High Court held that founder directors with ultimate control over the company are not employees entitled to gratuity beyond statutory limits absent an express agreement, and balance sheet entries alone do not create such liability.
Dangkwang Precision India Pvt. Ltd. v. Dangkwang Precision Employees Union
The Bombay High Court upheld the Industrial Tribunal's wage revision Award, affirming the need for substantiated financial assessment including legitimate depreciation and proper industry comparison in wage disputes.
Shri Onkar Dattatray Kalmankar v. Public Information Officer
The Bombay High Court held that marks obtained by candidates in a public recruitment process are not exempt from disclosure under RTI and ordered disclosure of all candidates' marks to promote transparency and public confidence.
Maharashtra State Road Transport Corporation v. Subhash Mahadev Desai
The Bombay High Court set aside the Labour Court's award reinstating a dismissed employee due to a 13-year delay in raising the industrial dispute, holding that unreasonable delay and laches are fatal to such claims under Section 10 of the Industrial Disputes Act.
Sharekhan Limited v. Monita Kisan Khade & Ors.
Bombay High Court held that failure to maintain SEBI-mandated pre-trade confirmations does not automatically entitle clients to recover losses from stockbrokers, setting aside arbitral awards that awarded damages without proof of actual loss.