High Court of Bombay
5,061 judgments
Shri Prasad Pandurang Tapkir & Another v. The Asst. Director of Town Planning & Ors.
The Bombay High Court held that statutory premium paid for exemption from FSI under Maharashtra town planning regulations is non-refundable in absence of express provision, dismissing the petitioners' claim for refund and rejecting their discrimination plea under Article 14.
Ganesh alias Gajaraj Sainath Patil v. The State of Maharashtra
The Bombay High Court quashed a preventive detention order under the MPDA Act, holding that a solitary criminal case without habitual commission of offences and lacking a live link to the detention order does not justify classifying a person as dangerous or detaining them without trial.
Shri Gavit Gulabsing Suka v. Shri Swami Vivekanand Shikshan Sanstha
The Bombay High Court upheld the lawful termination of a probationary teacher for admitted inappropriate electronic contact with a student, holding that no formal enquiry was required under the MEPS Act for non-stigmatic termination during probation.
Mubaraz Musafir Khan v. Kalyan Dombivli Municipal Corporation & Ors.
The Bombay High Court upheld the Municipal Corporation's order directing removal of unauthorized structures, ruling that payment of property taxes does not legalize unauthorized constructions and that procedural defects in notice do not invalidate demolition orders.
Lavino Kapur Cotton Pvt. Ltd. v. The Commissioner of CGST
The High Court held that interest on delayed refund under Section 11BB of the Central Excise Act accrues from three months after the initial refund application date, not from the date of the refund order.
Securitrans India Private Limited v. FIS Payment Solutions and Services Private Limited
The Bombay High Court upheld an arbitral award holding the ATM cash replenishment service provider liable for theft by its employees and rejecting its challenge based on failure of the principal to mitigate losses through reconciliation.
Vikrant Vinayak Khadpe & Ors. v. The State of Maharashtra & Ors.
The Court held that mere inclusion in an earlier wait list without meeting cut-off marks after applying horizontal reservations does not confer a right to appointment, dismissing the petition challenging exclusion from the revised wait list.
Vivek Kishan Nandgude v. Pimpri Chinchwad Municipal Corporation
The Bombay High Court held that a landowner deprived of land without statutory acquisition procedures is entitled to compensation as promised, rejecting the Municipal Corporation’s denial based on later rules and ordering grant of TDR/FSI or monetary compensation.
Imperial Consultants and Securities Ltd v. Deputy Commissioner of Income Tax, Circle-6(1)(2)
The Bombay High Court quashed the reopening of the petitioner’s income tax assessment beyond four years, holding that reassessment cannot be based on a mere change of opinion without failure to disclose material facts.
Nijam Mohamad Mulani v. Transport Manager, Pune Mahanagar Pariwahan Mahamandal Ltd.
The Bombay High Court upheld the dismissal of a bus driver for unauthorized absenteeism after a fair domestic enquiry, rejecting claims of unfair labour practice and disproportionate punishment.
Dilip Gangaram Patil v. Additional/Joint/Deputy Assistant Commissioner of Income Tax & Ors.
The Bombay High Court quashed the reopening notice under Section 148 for AY 2013-14, holding that reopening is impermissible after revisional proceedings under Section 263 and in absence of failure to disclose material facts.
Dr. Pradeep Mehta v. Union of India
The Bombay High Court upheld SEBI's regulatory power to freeze promoter demat accounts for non-compliance with listing obligations, dismissing the petitioner's challenge to the freezing of his accounts despite his claimed lack of control over the company.
Santosh Anant Sabale v. Mathuradas Morarji
The High Court upheld the eviction decree on unlawful subletting grounds, holding that the tenant failed to rebut the landlord's prima facie proof of exclusive possession by a third party.
Shashikiran Janardhan Shetty v. Assistant Commissioner of Income-tax
The Bombay High Court held that reopening an income tax assessment beyond four years requires tangible material of non-disclosure by the assessee, and transactions of a separate legal entity cannot justify reopening the assessee’s assessment.
District Sindhudurg v. Vidharbha Konkan Gramin Bank
The Bombay High Court held that employees who resigned retain their accrued statutory right to encash privilege leave, and refusal to pay such encashment without statutory authority is arbitrary and unlawful.
Smt. Umadevi Rajkumar Jeure & Ors. v. The District Collector, Solapur & Ors.
A Lok Adalat award is not an award of the court under Part III of the Land Acquisition Act, 1894 for Section 28A purposes, and thus cannot enable other landholders to seek re-determination of compensation.
Bks Galaxy Realtors LLP v. Sharp Properties & Ors.
The Bombay High Court held that the arbitration clause in an Agreement for Sale ceases upon execution of the Conveyance Deed, and subsidiary documents without specific arbitration clauses are not covered, dismissing the appeal to refer the suit to arbitration.
Bank of Maharashtra v. Directorate of Revenue Intelligence
The Bombay High Court held that a customs authority’s letter restraining a bank from enforcing security interest under the SARFAESI Act is invalid, affirming the bank’s priority as a secured creditor over customs claims.
Vishwesh Dogra Suvarna v. State of Maharashtra
The Bombay High Court allowed the appeal and declared a missing person presumed dead after seven years of absence based on circumstantial evidence and statutory presumption under Section 108 of the Indian Evidence Act.
Pen Municipal Council v. Shekhar B. Abhang
The Bombay High Court upheld the Industrial Court’s order directing regularization of a temporary Tax Inspector appointed against a sanctioned post following due process and long continuous service, dismissing the Municipal Council’s challenge.