High Court of Bombay
5,061 judgments
Shridhar K. Berde v. Ranjeetmal J. Oswal & Ors.
The Bombay High Court set aside an eviction decree for failure to comply with mandatory conditions under Section 16(6) of the Maharashtra Rent Control Act, emphasizing the landlord's obligation to allot equivalent premises in case of demolition and reconstruction.
Qualcomm India Private Limited v. Union of India and others
The Bombay High Court held that interest on delayed service tax refunds under section 11BB of the Central Excise Act is mandatorily payable if refunds are sanctioned beyond three months from application receipt, regardless of intent, and directed payment of such interest to the petitioner.
Ashapura Options Private Limited v. Ashapura Developers
The Bombay High Court granted interim injunction restoring Plaintiffs' possession of commercial premises, holding they had settled possession and were unlawfully dispossessed without due process under Section 6 of the Specific Relief Act.
Vasanti Parsottam Patel v. Union of India
The Bombay High Court allowed the appeal and held that death of a bona fide passenger falling from a moving train qualifies as an untoward incident entitling compensation, rejecting reliance on unexamined hearsay to deny the claim.
Grand Paradi Co-operative Housing Society Ltd. & Ors. v. Mont Blanc Properties & Industries Pvt. Ltd. & Ors. and K. Raheja Corp Real Estate Pvt. Ltd.
The Bombay High Court held that it lost jurisdiction to decide an amendment application after automatic statutory transfer of the suit to the City Civil Court under the Bombay City Civil Court (Amendment) Act, 2023.
Modern India Limited & Ors. v. Financial Technologies (I) Ltd
The Bombay High Court upheld the competence of its appointed committee to crystallize liabilities of third party noticees and passed a decree against Vimladevi Agrotech Ltd. for Rs. 13.72 crores with interest, rejecting objections on procedural and jurisdictional grounds.
Sudesh Gurudas Jotkar v. Pariwar Co-operative Housing Society Limited
The Bombay High Court dismissed the application of 61 society members seeking to be impleaded as defendants in a suit for specific performance, holding that only the society can assert rights under the agreement and the members are neither necessary nor proper parties.
Ashok Hari Shitlani v. State of Maharashtra
The Bombay High Court quashed a consent award passed after lapse of land acquisition proceedings and without notice to the rightful owner, affirming that acquisition awards must be passed within prescribed time and ownership disputes lie with civil courts.
Special Situation Advisors (India) Pvt. Ltd. v. Bank of India
The Court held that the Bank has discretion to choose the fee payment option post-sale and dismissed the Plaintiff's claim for higher fees on 100% cash sales under the Mandate Letter.
Maharashtra State Electricity Distribution Company Ltd. v. M/s. Technocraft Industries (I) Ltd.
The Bombay High Court held that the Consumer Grievance Redressal Forum lacked jurisdiction to review its own order and set aside its impugned order passed without notice to the petitioner.
Janabai Nivrutti Saune v. Dharmveer Shambhuraje & Ors.
The Bombay High Court dismissed the writ petition challenging denial of reinstatement after illegal termination, upholding compensation awarded and emphasizing strict adherence to seniority and reservation rules in retrenchment.
The State of Maharashtra v. Shri Shrikant Dhondu Suttar & Ors.
The High Court held that primary school teachers are not eligible for the limited departmental competitive examination for Deputy Education Officer recruitment under the 2016 Rules and 2014 Amendment, setting aside the Tribunal's contrary order.
Bharat J. Patel v. State of Maharashtra
The Bombay High Court quashed the acquisition of petitioner’s land under the Slum Act due to collusive consent decree proceedings and violation of natural justice.
Armin R. Panthaky v. Rohinton Panthaky
The Bombay High Court held that courts under the Parsi Marriage and Divorce Act retain discretion to direct or allow recording of evidence before a Court Commissioner under the Civil Procedure Code, promoting judicial efficiency without compromising fairness.
The Principal Secretary, Tribal Development Department v. Shrikrishna s/o. Dharampal Malwade
The Bombay High Court upheld the Tribunal’s order directing counting of contractual service rendered prior to regularisation against regularly sanctioned posts for all service benefits except monetary benefits.
Jobi Joseph v. M/s. Cadbury India Ltd. & Ors.
The Bombay High Court held that a senior sales executive engaged in supervisory duties over distributor salesmen is not an 'employee' under the MRTU & PULP Act, dismissing his challenge to termination.
SGS Infratech Limited v. Union of India
The Bombay High Court upheld the constitutional validity of Section 96(b) of the Cantonment Act, 2006, holding that the pre-deposit of disputed tax amount as a condition for appeal is not arbitrary and does not violate Articles 14 or 19(1)(g) of the Constitution.
Avinash Dhavji Naik and Ors. v. The State of Maharashtra and Ors.
The Bombay High Court held that while the MRTP Act is a self-contained code excluding certain Land Acquisition Act provisions, the acquisition awards were void for lack of prior approval and lapsed due to delay, quashing the acquisition proceedings.
Zubaida W/O. Kadar Memon & Ors. v. Khan Mubeen Ahmed Ali & Ors.
The Bombay High Court upheld the Waqf Tribunal's decree evicting alleged encroachers from Waqf property, affirming that persons interested in a Waqf can directly file suits for removal of encroachment without mandatory recourse to CEO procedures under Sections 54 and 55 of the Waqf Act.
Anish Modi v. Union of India
The Bombay High Court quashed prosecution against an independent director for non-payment of TDS due to non-service of mandatory notice under Section 2(35)(b) of the Income Tax Act, emphasizing the necessity of procedural compliance before initiating criminal proceedings.