High Court of Bombay

5,131 judgments

Year:

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

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

State of Maharashtra v. Rajagonda Bhimgonda Patil

15 Nov 2017 · M. S. Sonak; Kamal Khata

The Bombay High Court dismissed the State's Review Petition and application for condonation of a 4-year delay, holding that subsequent overruling of precedent is not a ground for review and that inordinate delay without sufficient cause cannot be condoned even for the State.

civil appeal_dismissed Significant Review Petition Condonation of Delay Order XLVII Rule 1 CPC Subsequent Overruling of Precedent

Mumbai Fire Services Union v. Municipal Corporation of Greater Mumbai

10 Nov 2017 · Amit Borkar, J.
Cites 0 · Cited by 1

The Bombay High Court held that the Fire Brigade Department of the Municipal Corporation of Greater Mumbai is part of the same industrial establishment under labour law, restoring the Labour Court's finding and remitting the unfair labour practice complaint for final adjudication.

labor appeal_allowed Significant industrial establishment functional integrality Municipal Corporation Fire Brigade Department

M/s. Ashwini General Hospital & Intensive Care Centre v. Veronica Johnson Pereira

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

The Bombay High Court upheld the illegality of the respondent’s termination but modified reinstatement with backwages to a Rs. 10 lakh compensation award, rejecting the petitioner’s false resignation defence.

labor appeal_dismissed Significant wrongful termination industrial dispute reinstatement backwages

CLSA India Private Limited v. Deputy Commissioner of Income-tax

02 Nov 2017 · DHIRAJ SINGH THAKUR; KAMAL KHATAF

The Bombay High Court held that reassessment notices and orders issued in the name of a non-existent company post-amalgamation are invalid and set aside the impugned proceedings.

tax petition_allowed Significant Income Tax Act, 1961 Section 14 notice amalgamation non-existent company

Siemens Limited v. Deputy Commissioner of Income Tax-8(2)(1), Mumbai

02 Nov 2017 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court held that a reopening notice under Section 148 issued to a company that ceased to exist due to amalgamation is invalid and quashed the notice and related order.

tax petition_allowed Significant Section 148 Income Tax Act amalgamation non-existing company reopening assessment

Bennett Coleman and Company Ltd. v. Union of India

02 Nov 2017 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 3

The Bombay High Court held that a notice under section 148 of the Income Tax Act issued in the name of a non-existent amalgamated company is void and set aside the reassessment notice accordingly.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Scheme of amalgamation Non-existent entity

M/s. Shree Durga Trading Co. v. Ateeq Anwar Agboatwala and Anr.

31 Oct 2017 · Sandeep V. Marne

The Court held that unauthorized subletting constitutes a continuing wrong resetting limitation, upheld eviction decrees on bonafide requirement and comparative hardship, and dismissed the tenant's revision application.

civil appeal_dismissed Significant eviction unauthorized subletting limitation continuing wrong

Yadav Consultancy Services Pvt. Ltd. v. M/s J.D. Gandhi Constructions

24 Oct 2017 · S. M. Modak

The Bombay High Court dismissed the writ petition seeking to set aside a money decree obtained by alleged fraud, holding that supervisory jurisdiction under Article 227 cannot be exercised where statutory remedies were available but not exhausted.

civil petition_dismissed Significant supervisory jurisdiction Article 227 fraud money decree

v. Mr. Rui Rodrigues, a/w. Mr. Akash Kotecha, for

17 Oct 2017 · S.C. Gupte; Surendra P. Tavade

The Bombay High Court held that candidates admitted to the Secondary DNB course based on recognized diplomas cannot be retrospectively denied eligibility or results due to subsequent derecognition notifications.

administrative petition_allowed Significant recognition of medical qualifications postgraduate diploma Secondary DNB course retrospective derecognition

v. Mr. Rui Rodrigues, a/w. Mr. Akash Kotecha, for

17 Oct 2017 · S.C. Gupte; Surendra P. Tavade

The Bombay High Court held that candidates admitted to the Secondary DNB course based on recognized diplomas cannot be retrospectively denied eligibility or qualifications due to subsequent derecognition of their diplomas.

administrative appeal_allowed Significant recognition of qualifications postgraduate diploma Secondary Diplomate of National Board derecognition notification

Smt. Chabibai Ananta Khandagale & Ors. v. Mr. Sayad Ali Mohiddin & The Oriental Insurance Company Ltd

01 Oct 2017 · S.G. Dige

The Bombay High Court held that the Motor Accident Claims Tribunal has the power to enhance compensation beyond the amount claimed in the petition, allowing the appellants' appeal for increased compensation.

civil appeal_allowed Significant Motor Vehicles Act Section 168 compensation enhancement Motor Accident Claims Tribunal

Iffco Tokio General Insurance Company Ltd. v. Smt. Bhagyashri Ganesh Gaikwad

01 Oct 2017 · S. G. DIGE

The Bombay High Court upheld the insurer's liability for compensation despite the vehicle being driven outside the permitted district and ruled that remarriage of the widow does not bar her claim for compensation.

civil appeal_dismissed Significant Motor Vehicles Act Compensation Insurance liability Breach of permit

Supriya Rajesh Nair v. Municipal Corporation of Greater Mumbai

30 Sep 2017 · S.J. Kathawalla; Riyaz I. Chagla
Cites 0 · Cited by 4

The Bombay High Court held that widows of ex-servicemen are entitled to exemption from the entire property tax under the Mumbai Municipal Corporation Act as per the 2016 Government Resolution, invalidating the Municipal Corporation's restriction of exemption to only the General Tax component.

administrative petition_allowed Significant property tax exemption widow of ex-serviceman Mumbai Municipal Corporation Act, 1888 Government Resolution 2016