High Court of Bombay
5,061 judgments
State of Maharashtra v. M/s Patwardhan Infrasturcture Pvt. Ltd.
The Bombay High Court set aside an arbitral award that wrongly converted a force majeure clause into a guaranteed minimum return clause, holding such interpretation manifestly perverse and contrary to public policy.
Piramal Enterprises Limited v. The State of Maharashtra
The Bombay High Court upheld the taxability of transfer of intellectual property rights in a slump sale under the MVAT Act, affirmed the reviewing authority's jurisdiction, and dismissed the writ petition challenging the review order and demand notice.
Lotus Logistics and Developers Pvt. Ltd. v. Evertop Apartments Co-operative Housing Society Limited
The Bombay High Court upheld an arbitral award directing specific performance of a terminated development agreement based on the developer's admissions and ordered damages for failure to procure occupation certificate.
Jalaram Ashish Co-operative Housing Society Ltd. v. The Competent Authority and the District Deputy Registrar and Ors.
The Bombay High Court held that the Competent Authority must convey the entire land as per MOFA agreements and condoned delay caused by management issues and COVID-19, setting aside the partial conveyance order and remanding for fresh decision.
Babasaheb Bhau Kamble v. State of Maharashtra & Ors.
The High Court set aside the promotion of respondent No.4 to Health Executive Officer for non-fulfillment of eligibility service and directed reconsideration of the petitioner’s promotion based on seniority and merit.
Shri Bipin Badani v. Union of India
The Bombay High Court held that denial of cross-examination of witnesses in Customs adjudication proceedings does not violate natural justice when ample corroborative evidence exists and an efficacious statutory appeal remedy is available.
The Trustees of American School Bombay Education Trust v. The Union of India
The Bombay High Court held that an educational institution existing solely for education and not for profit is entitled to exemption under Section 10(23C)(vi) of the Income Tax Act despite part of its income and expenditure occurring outside India, limiting the scope of inquiry at approval stage to existence alone.
ICICI Lombard General Insurance Co. Ltd. v. Smt. Maya Govind Patel
The Bombay High Court dismissed the insurance company's appeal, upholding the Tribunal's award of compensation for death caused by rash and negligent driving of an insured vehicle, emphasizing the insurer's failure to disprove vehicle involvement or breach of policy.
Ashok Kacharu Gaikwad v. Rev. Samuel Shankar Chandekar & Ors.
The Bombay High Court upheld a decree under Section 6 of the Specific Relief Act restoring possession to Plaintiffs, holding that mere occupation as a caretaker does not confer settled possession.
Crystal Construction Company v. State of Maharashtra
The Bombay High Court held that the predetermined auction price fixed by the Charity Commissioner under the Maharashtra Public Trusts Act is the true market value for stamp duty levy under the first Proviso to Rule 4(6) of the Maharashtra Stamp Rules, but the Collector of Stamps may verify the sale process as per Circular dated 13 October 2006 before adjudication.
Wipro Limited v. Maharashtra Airport Development Company Ltd. & State of Maharashtra
The Bombay High Court held that in absence of a forfeiture clause, MADC cannot forfeit Wipro's advance payment for land allotment and ordered refund with interest, excusing delay due to ongoing negotiations.
High Court On Its Own Motion v. The State of Maharashtra & Ors.
The Bombay High Court mandated all municipal and state authorities to maintain roads and footpaths safely using scientific methods, establish effective grievance redressal systems, and ensure accountability to protect citizens' fundamental rights.
Shri Swami Samarth Apang Seva Mandal v. Madhukar Dashrath Ghodke
The Bombay High Court held that a B.Ed. qualification is not equivalent to the mandatory D.Ed. for primary school teachers under the Special School Code, setting aside reinstatement of an untrained teacher lacking the prescribed qualification.
Dolphin Co. Op. Hsg. Soc. Ltd. v. State of Maharashtra
The Bombay High Court held CIDCO's refusal to approve an additional member and withhold Occupancy Certificate for a completed building was arbitrary and illegal, directing immediate issuance of the certificate and approval.
ICICI Bank Limited v. Union of India
The Bombay High Court refused to quash a delayed show cause notice or direct refund without adjudication, instead ordering expeditious adjudication of service tax refund claims on interchange fees paid under protest.
FICCI-Multiplex Association of India v. State of Maharashtra
The Bombay High Court upheld the State's power to levy entertainment duty on convenience fees charged for online ticket booking under the Maharashtra Entertainments Duty Act, dismissing challenges to the amendment as constitutionally valid and within legislative competence.
Mangesh Sadanand Masane & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court upheld the murder conviction of appellants who attacked the deceased with deadly weapons, rejecting their plea of sudden fight under Exception 4 to Section 300 IPC.
The Municipal Corporation of Greater Bombay v. The Indian Hotels Company Ltd.
The Bombay High Court dismissed the Municipal Corporation's belated appeals due to inordinate delay and held that bureaucratic inefficiency does not justify condonation of delay under statutory limitation.
Ramrao Tukaram Patil v. State of Maharashtra
The Bombay High Court dismissed writ petitions seeking condonation of delay in challenging auction sale, holding that false statements and suppression of facts disentitle petitioners from relief under writ jurisdiction.
Shrihari Madhav Wagh v. Pandurang Gopal Wagh and Ors.
The High Court allowed the writ petition, setting aside the appellate order granting injunction in a co-ownership land dispute, holding that the appellate court erred in interfering with the trial court's discretionary order without cogent evidence of exclusive possession.