High Court of Bombay

5,061 judgments

Year:

Anuj Kabra and anr. v. CL Educate Ltd.

25 Aug 2016 · SOMASEKHAR SUNDARESAN

In absence of a Small Cause Court with jurisdiction over a Leave and License dispute, the parties' arbitration agreement is enforceable and disputes are referred to arbitration.

civil appeal_allowed Significant arbitration agreement Leave and License Agreement Small Cause Court jurisdiction Section 26 Provincial Small Cause Court Act

Kalpana Nambiar; Krishnakumar Rajagopal Menon; Asha Sudarsh Menon v. Dr. Jayashree Balchandran Kurup

12 Aug 2016 · N.J. Jamadar
Cites 0 · Cited by 1

The Bombay High Court removed the executrix for gross misconduct and abuse of position, appointing a court administrator to manage and sell the disputed estate property.

civil appeal_allowed Significant Removal of executor Section 301 Indian Succession Act Executrix misconduct Probate administration

Smt. Shantiben Babarbhai Patel and Anr v. Smt. Geeta Prabhu Patel and Ors

09 Aug 2016 · M.M. Sathaye
Cites 1 · Cited by 0

The Executing Court can stay execution of a decree passed against a deceased defendant in an abated suit as such decree is a nullity and not executable.

civil appeal_dismissed Significant executing court Section 47 CPC abatement of suit ex-parte decree

Shri Ravi Raghunath Khanjode & Ors. v. Harasiddh Corporation

28 Jul 2016 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court dismissed the petition challenging the arbitral award upholding the validity of agreements concerning tribal lands and held that failure to plead grounds precludes interference under Section 34 of the Arbitration Act.

civil appeal_dismissed Significant Arbitral Award Section 34 Arbitration Act Tribal Land Bombay Tenancy and Agricultural Lands Act

Francis @ Kau Pattrick Manvell v. The State of Maharashtra

21 Jul 2016 · Nitin Jamdar; G.A. Sanap

The High Court acquitted appellants of murder and related charges due to major contradictions and inconsistencies in eyewitness evidence and unreliable corroborative material, granting them benefit of doubt.

criminal appeal_allowed Significant ocular evidence contradictions in witness testimony benefit of doubt recovery of weapons

Renuka Mata Mahila Bachat Gat v. State of Maharashtra & Ors.

11 Jul 2016 · Nitin Jamdar; Arif Doctor
Cites 1 · Cited by 0

The Bombay High Court held that the current statutory framework under the National Food Security Act and Poshan (2.0) Rules does not mandate decentralization or preferential treatment for Self-Help Groups in Take Home Ration procurement, dismissing challenges to the State's tender conditions.

administrative petition_dismissed Significant Take Home Ration Self-Help Groups Decentralization National Food Security Act, 2013

Meenakshitai Arjunrao Watti & Ors. v. The State of Maharashtra & Ors.

29 Jun 2016 · M.S. Sonak; Jitendra Jain · 2021 SCCOnline SC 474
Cites 1 · Cited by 0

The Bombay High Court upheld the constitutional validity of Section 73AAA of the Maharashtra Cooperative Societies Act restricting the number of directors, dismissing the petition challenging it as arbitrary and unconstitutional.

administrative petition_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 73AAA Cooperative societies Board of directors

Mallikarjun Dhullappa Rajmane v. Divisional Controller

27 Jun 2016 · SANDEEP V. MARNE
Cites 0 · Cited by 1

The High Court upheld the Labour Court's denial of backwages to a reinstated employee with a poor disciplinary record, allowing backwages only for the period between the award and actual reinstatement.

labor petition_dismissed Significant backwages reinstatement disciplinary proceedings proportionality

Rajani alias Prabhavati Chittaranjan Patil v. Dahisar Siddhi Apartment CHSL & Ors.

24 Jun 2016 · Amit Borkar

The High Court dismissed the writ petition challenging a deemed conveyance order under MOFA, holding that title disputes and alleged procedural irregularities must be resolved by civil courts, not through supervisory writ jurisdiction.

property petition_dismissed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 Section 11 MOFA Article 227 Constitution

Pr. Commissioner of Income Tax-13, Mumbai v. Sterling Oil Resources Ltd.

22 Jun 2016 · M. S. Sonak; Jitendra Jain
Cites 0 · Cited by 3

The Bombay High Court held that the time limit under Section 144C(13) of the Income Tax Act for completing assessment after DRP directions is mandatory, and an assessment order passed beyond this period is barred by limitation and invalid.

tax appeal_dismissed Significant Section 144C(13) Income Tax Act time limit mandatory assessment barred by limitation Dispute Resolution Panel

Suvarnayug Sahakari Bank Ltd. v. Suresh Shivajirao Kale

21 Jun 2016 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court held that Co-operative Courts lack jurisdiction over service disputes between cooperative societies and their employees under Section 91 of the Maharashtra Co-operative Societies Act, 1960, directing the employee to seek remedy through civil courts.

civil appeal_allowed Significant Co-operative Court jurisdiction service dispute Maharashtra Co-operative Societies Act, 1960 Section 91

Vilas Rambhau Chaudhari v. Slum Rehabilitation Authority

20 Jun 2016 · Sandeep V. Marne

The court held that a slum rehabilitation proposal is accepted only after prescribed scrutiny and fees payment, and until such acceptance, subsequent proposals can be entertained; thus, the SRA lawfully accepted a rival developer's proposal following majority consent verified by secret ballot.

administrative petition_dismissed Significant Slum Rehabilitation Scheme Slum Rehabilitation Authority proposal acceptance developer appointment

Irfan Allabaksh Shaikh v. The Commissioner, Solapur Municipal Corporation

06 Jun 2016 · Sunil B. Shukre; Rajesh S. Patil

The Bombay High Court dismissed the writ petition holding that a purchase notice under Section 127 of the MRTP Act issued before the expiry of 10 years from the development plan coming into force is premature and invalid, thereby upholding the refusal of building permission.

administrative petition_dismissed Significant Section 127 MRTP Act purchase notice development plan reservation lapse

Manoj Manilal Gala v. Eruch Boman Khaver & Ors.

19 May 2016 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court allowed Manoj Manilal Gala to continue as agent of the Court Receiver for a dissolved partnership's business premises, fixed fair royalty based on market valuation, and set aside the City Civil Court's contrary order appointing another party.

civil appeal_allowed Significant partnership dissolution Court Receiver agency agreement royalty fixation

Manoj Manilal Gala v. Eruch Boman Khaver & Ors.

19 May 2016 · Sandeep V. Marne

The High Court allowed Manoj Manilal Gala to continue as agent of the Court Receiver for the partnership business premises upon payment of court-fixed royalty and security, setting aside the City Civil Court's order appointing Plaintiff No.2.

civil appeal_allowed Significant partnership dissolution court receiver agency appointment royalty fixation

Macrotech Developers Limited v. Deputy Commissioner of Income Tax & Ors.

19 May 2016 · M. S. Sonak; Jitendra Jain
Cites 1 · Cited by 11

The Bombay High Court upheld the validity of reassessment proceedings initiated after four years based on subsequent information indicating failure to disclose material facts, rejecting the petitioner’s challenge under the first proviso to Section 147 of the Income Tax Act.

tax petition_dismissed Significant Income Tax Act, 1961 Section 147 Section 148 Reassessment

Brihan Mumbai Mahanagar Palika v. Ashirwad Shelters Private Limited

02 May 2016 · Jitendra Jain

The Bombay High Court dismissed the Brihan Mumbai Mahanagar Palika's appeal and refused to condone a four-year delay in filing, holding that administrative delays and pandemic-related reasons do not justify ignoring statutory limitation periods in municipal revenue matters.

civil appeal_dismissed Significant condonation of delay limitation period municipal corporation rateable value

M/s. Nanded City Development and Construction Company Ltd. v. Laxman Eknath Dedge and Ors.

28 Apr 2016 · Sandeep V. Marne
Cites 1 · Cited by 19

The Bombay High Court allowed the appellant's appeal setting aside the trial court's injunction in favor of respondents, holding that landowners who are shareholders in a joint development project cannot seek injunction against the developer after enjoying benefits under the agreement.

civil appeal_allowed Significant Joint Development Agreement Temporary Injunction Possession Profit Sharing

Mujibur Rehman Chaudhary v. Municipal Corporation for Greater Mumbai

20 Apr 2016 · G. S. Kulkarni

The Bombay High Court held that unauthorized vertical extensions to unauthorized commercial structures in slum areas are not protected by photo-passes under the Slums Act and upheld the Municipal Corporation's right to demolish such constructions.

civil appeal_dismissed Significant unauthorized construction vertical extension photo-pass Maharashtra Slum Areas Act

Pfizer Limited v. Deputy Commissioner of Income-tax

29 Mar 2016 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 4

The Bombay High Court quashed the reopening notice under Section 148 of the Income-tax Act for AY 2009-10, holding that reassessment is impermissible where the issue was fully examined and adjudicated in original assessment and appeal proceedings.

tax petition_allowed Significant Income-tax Act, 1961 Section 147 Section 148 reopening of assessment