High Court of Bombay

5,131 judgments

Year:

Bindu Narang v. Matrix Cellular (International) Services Pvt. Ltd.

26 Sep 2017 · M. S. Sonak; Jitendra Jain

The High Court held that denial of cross-examination by the Permanent Lok Adalat in the presence of disputed facts violates natural justice and quashed the recovery order.

civil appeal_allowed Significant Permanent Lok Adalat cross-examination natural justice Section 22-D Legal Services Authorities Act

Erach Khavar v. Nirmal Bang Securities Pvt. Ltd.

26 Sep 2017 · Chief Justice; Sandeep V. Marne

The Bombay High Court upheld the setting aside of a majority arbitral award, holding that confirmed trades without timely objection cannot be invalidated for lack of pre-trade authorization under NSE regulations.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 pre-trade authorization

ICICI Bank Ltd. v. Deputy Commissioner of Income Tax-2(3)(1) & Ors.

21 Sep 2017 · M. S. Sonak; Jitendra Jain
Cites 0 · Cited by 5

The Bombay High Court quashed a reassessment notice issued beyond four years under Section 148 of the Income-tax Act, 1961 for lack of failure to disclose material facts and impermissible change of opinion.

tax petition_allowed Significant Section 147 Income-tax Act Section 148 Income-tax Act reassessment notice failure to disclose material facts

Rika Global Impex Limited v. Union of India

15 Sep 2017 · Ujjal Bhuyan; Milind N. Jadhav

The Bombay High Court held that an import authorization under the FTP without explicit expiry remains valid till the FTP tenure or completion of import, directing clearance of Pigeon Peas imports withheld beyond fiscal year 2017-18.

administrative petition_allowed Significant Foreign Trade Policy 2015-2020 Advance Payment Certificate Import validity Pigeon Peas import

Batliboi Environmental Engineering Ltd. v. Hindustan Petroleum Corporation Limited

21 Aug 2017 · SOMASEKHAR SUNDARESAN, J.

The court held that setting aside an arbitral award under limited judicial review does not constitute final merits adjudication, permitting fresh arbitration and appointing a sole arbitrator accordingly.

arbitration appeal_allowed Significant Arbitral Award Section 34 Arbitration and Conciliation Act, 1996 Section 37 Arbitration and Conciliation Act, 1996 Section 11 Arbitration and Conciliation Act, 1996

M/s. Sowil Limited v. Deputy Chief Engineer (Construction) Bhusawal

18 Aug 2017 · Sandeep V. Marne
Cites 3 · Cited by 1

The Bombay High Court upheld a contractual clause limiting arbitration to claims up to 20% of contract value, dismissing the appointment of arbitrator for claims exceeding this cap as outside the arbitration agreement's scope.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 11 Arbitration agreement Restrictive arbitration clause

Bombay Textile Research Association v. Nilkanth Enterprise

05 Aug 2017 · SOMASEKHAR SUNDARESAN
Cites 0 · Cited by 2

The Bombay High Court upheld an arbitral award granting specific performance of a development agreement formed by multiple instruments, rejecting the petitioner's challenge on jurisdictional and execution grounds under Section 34 of the Arbitration Act.

civil petition_dismissed Significant specific performance arbitral award arbitration jurisdiction development agreement

M/s. Johnson Matthey Chemicals India Pvt. Ltd. v. Union of India

29 Jul 2017 · M.S. Sonak; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court allowed the petitioner’s claim for transitional credit under GST by permitting manual revision of excise returns filed prior to GST implementation, rejecting the respondents’ electronic filing and time bar objections.

tax appeal_allowed Significant transitional credit Section 140 CGST Act Cenvat Credit Rules 2004 manual filing of excise returns

Vyom Dipesh Raichanna v. Union of India

28 Jul 2017 · M.S. Sonak; Advait M. Sethna

The Bombay High Court directed Customs Authorities to allow re-testing of seized cashew nut samples by drawing fresh samples and sending them to a government laboratory, emphasizing that re-testing is a trade facilitation measure that should not be unreasonably denied.

administrative petition_allowed Significant re-testing seized goods Public Notice No. 97 of 2017 trade facilitation

Ankush Vitthal Narvekar v. Municipal Corporation for Greater Mumbai

20 Jul 2017 · Sandeep V. Marne

The Bombay High Court upheld the status of two structures as contravening structures eligible for redevelopment benefits, set aside MCGM’s cancellation and withholding of NOCs, and held that intra-family disputes do not justify administrative interference with redevelopment rights.

property appeal_allowed Significant contravening structures Development Control and Promotion Regulations 2034 Permanent Alternate Accommodation No Objection Certificate

Jaiprakash Kulkarni v. The Banking Ombudsman

06 Jul 2017 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that the bank must refund unauthorized electronic transactions due to third-party fraud where no OTP or alerts were sent, quashing the Banking Ombudsman's rejection and applying the RBI Circular on customer protection.

civil appeal_allowed Significant Cyber Fraud Unauthorized Electronic Banking Transactions OTP Banking Ombudsman

Venus Jewel v. Union of India

30 Jun 2017 · G. S. Kulkarni; Firdosh P. Pooniwalla
Cites 1 · Cited by 4

The Bombay High Court held that exporters are entitled to IGST refund on confirmed consignment exports under Rule 96/96A CGST Rules despite data mismatches or circulars, and rejected limitation and jurisdictional objections.

tax appeal_allowed Significant IGST refund consignment exports CGST Rules Rule 96 CGST Rules Rule 96A

Sunita Anandrao Monde v. State of Maharashtra

30 Jun 2017 · M.S. Karnik; S.M. Modak
Cites 0 · Cited by 1

The Bombay High Court held that statutory MEPS Rules mandating 33% reservation prevail over conflicting government resolutions, and reservation does not apply when only two posts exist, directing approval of the disputed Headmistress appointment.

administrative appeal_allowed Significant reservation Maharashtra Employees of Private Schools Rules, 1981 Government Resolution roster verification

The State of Maharashtra v. Thane Municipal Corporation

30 Jun 2017 · Ravindra V. Ghuge; Ashwin D. Bhobe
Cites 0 · Cited by 1

The Bombay High Court set aside the MRT order excluding 193 acres from forest acquisition, holding the land as acquired private forest under MPFA based on valid notice service and proper scope of inquiry.

property appeal_allowed Significant Maharashtra Private Forests (Acquisition) Act, 1975 Indian Forest Act, 1927 Notice under Section 35(3) Private forest acquisition

Ismail Babalal Attar v. The State of Maharashtra

28 Jun 2017 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:40591-DB

The Bombay High Court held that an agricultural loan secured by gold ornaments qualifies for waiver under the Chhatrapati Shivaji Maharaj Shetkari Sanman Yojana-2017, overruling the bank’s exclusion based on a subsequent government letter.

administrative petition_allowed Significant Loan Waiver Scheme Chhatrapati Shivaji Maharaj Shetkari Sanman Yojana-2017 Agricultural loan Gold security scheme

Oberoi Constructions Ltd. v. Union of India & Ors.

28 Jun 2017 · M.S. Sonak; Jitendra Jain
Cites 2 · Cited by 3

The Bombay High Court dismissed writ petitions challenging GST show cause notices against municipal services, holding that statutory remedies must be exhausted before invoking writ jurisdiction.

tax appeal_dismissed Significant show cause notice goods and services tax exemption notification Article 243W

M/s. Eagle Security & Personnel Services v. Union of India & Ors.

28 Jun 2017 · M. S. Sonak; Jitendra Jain
Cites 0 · Cited by 8

The Bombay High Court upheld the constitutional validity of CGST provisions denying input tax credit under reverse charge mechanism to proprietorship entities, rejecting challenges under Articles 14 and 19(1)(g).

tax petition_dismissed Significant Input Tax Credit Reverse Charge Mechanism Article 14 Article 19(1)(g)

Ashok Investors Trust Limited v. Crosslink Food & Farms Pvt. Ltd.

27 Jun 2017 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court upheld a temporary injunction restraining sale of pledged shares pending trial, holding that the pledge's continuation beyond closure dates is a triable issue and that the trial court's discretion was rightly exercised.

civil appeal_dismissed Significant pledge of shares closure date temporary injunction Indian Contract Act 1872

TATA AIG General Insurance Co. Ltd. v. Vinay Sah & Gauri V. Raut

24 Jun 2017 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the Insurance Ombudsman's award directing payment of a housing loan insurance claim to the widow, applying contra proferentem to ambiguous policy terms and preferring the treating doctor's opinion over the insurer's panel doctor.

civil petition_dismissed Significant insurance repudiation housing loan insurance critical illness insurance contra proferentem

Pr. Commissioner of Income Tax-12, Mumbai v. M/s Drisha Impex Pvt. Ltd.

21 Jun 2017 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 9

The Bombay High Court held that where purchases are conclusively found to be bogus and the assessee fails to prove their genuineness, the entire amount must be disallowed, reversing the ITAT's limited disallowance based on speculative profit margin estimation.

tax appeal_allowed Significant bogus purchases disallowance Income Tax Act, 1961 Section 69C