High Court of Bombay

5,061 judgments

Year:

Shakuntala Tilakdhari Gupta v. Shri Jawaharlal R. Gupta

09 May 2012 · Jitendra Jain

The court held that a driver hired even for a short duration qualifies as an employee under the Employees' Compensation Act, and the employer-employee relationship was established based on the FIR and circumstances, allowing the compensation claim.

labor appeal_allowed Significant Employees' Compensation Act, 1923 employer-employee relationship driver hired for short duration oral contract

Jagruti Mahila Bachat Gat v. The Deputy Controller, Rationing Department

04 May 2012 · G. S. Kulkarni; Aarti Sathe

The Court upheld the appellant's continued operation of a ration shop allotted under statutory conditions despite procedural irregularities, emphasizing due process and uniform application of rules by authorities.

administrative other Significant ration shop allotment leave and license agreement due process show cause notice

Shri Vikram Vilas Mane v. The State of Maharashtra

02 May 2012 · Prithviraj K. Chavan
Cites 0 · Cited by 1

The Bombay High Court allowed the writ petition directing approval of the petitioner's appointment as Art Teacher, holding that the recruitment ban does not apply where the Education Officer fails to respond to requests for permission or surplus teacher absorption.

administrative petition_allowed Significant recruitment ban surplus teachers reservation policy Education Officer

Union of India v. S.C. Jain

30 Apr 2012 · Nitin Jamdar; Manjusha Deshpande
Cites 1 · Cited by 29

The Bombay High Court upheld the CAT's order setting aside disciplinary action for failure to provide tentative reasons and opportunity before finalizing guilt under Railway Servants Rules, reinforcing natural justice principles.

administrative appeal_dismissed Significant Disciplinary Authority Railway Servants (Discipline & Appeal) Rules, 1968 Disagreement Memorandum Tentative reasons

MahaOnline Limited v. Aksentt Tech Services Limited

30 Apr 2012 · Sandeep V. Marne
Cites 2 · Cited by 0

The Bombay High Court upheld the arbitral award holding that the Petitioner was contractually liable to pay the Respondent despite delayed payments from the Government, rejecting the Petitioner's challenge under Section 34 of the Arbitration Act.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 challenge Business Associate Agreement Contract interpretation

M/s. Skypak Services Specialists Limited v. Union of India

11 Apr 2012 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 13

The Bombay High Court upheld revocation of a courier license and forfeiture of security deposit for failure to comply with regulatory obligations, holding that mens rea is not required for such revocation under the Courier Imports and Exports (Clearance) Regulations, 1998.

administrative petition_dismissed Significant Courier Imports and Exports (Clearance) Regulations, 1998 Regulation 13 obligations Regulation 14 revocation authorization requirement

Sejal Jewellary & Anr. v. Union of India & Ors.

31 Mar 2012 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 3

The Bombay High Court held that reassessment proceedings based on search material must be conducted under Sections 153A and 153C of the Income-tax Act, and issuance of notice under Section 148/147 in such cases is without jurisdiction.

tax petition_allowed Significant Income-tax Act, 1961 Section 147 Section 148 Section 153A

Board of Control for Cricket in India v. Assistant Commissioner of Income Tax

30 Mar 2012 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court held that a non-statutory advisory communication cannot cancel a society's tax registration and that the appellate tribunal exceeded its jurisdiction by adjudicating on the merits of an appeal it found not maintainable.

tax appeal_allowed Significant Section 12A Income Tax Act registration cancellation non-statutory advisory appeal maintainability

M/s. Indusind Media & Communications Ltd. v. The Assistant Commissioner of Income Tax

30 Mar 2012 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 3

The Bombay High Court quashed the reassessment notice under Section 148 of the Income Tax Act, 1961, holding that reopening is impermissible when the issues were already examined during original assessment and no double deduction occurred.

tax petition_allowed Significant reassessment Section 148 Income Tax Act, 1961 change of opinion

Keshav Mansing Salunkhe v. Nitin Prabhakar Bhagawat

06 Mar 2012 · Sandeep V. Marne
Cites 0 · Cited by 4

The High Court allowed the appeal directing specific performance of a sale agreement, holding that time was not the essence of contract and the plaintiff proved readiness and willingness to perform despite delay.

civil appeal_allowed Significant specific performance readiness and willingness time essence of contract agreement for sale

M/s. Akanksha Construction Company v. The State of Maharashtra

01 Mar 2012 · Sandeep V. Marne
Cites 0 · Cited by 5

The Bombay High Court set aside the Competent Authority's order granting deemed conveyance to a housing society, holding that the third application was barred by res judicata and that pending civil suits do not indefinitely bar statutory conveyance rights under MOFA.

property appeal_allowed Significant deemed conveyance res judicata Maharashtra Ownership Flats Act Competent Authority

Sangita Ravindra Sathe v. Ramakant Tulshiram Salunke

28 Feb 2012 · Sandeep V. Marne · (2023) 2 Bom CR 825

The Bombay High Court dismissed the tenant's revision application, upholding eviction for non-compliance with mandatory rent payment provisions under Section 15 of the Maharashtra Rent Control Act and recognizing the landlord's bonafide requirement.

civil appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 15 MRC Act eviction default in payment of rent

Pr. Commissioner of Income Tax-1 v. Agfa India Pvt. Ltd.

16 Jan 2012 · M.S. Sonak; Jitendra Jain · [2018] 93 taxmann.com 153
Cites 2 · Cited by 5

Reassessment proceedings under Section 147 of the Income Tax Act are invalid if initiated without the Assessing Officer's independent reason to believe and merely on directions of superior officers or borrowed satisfaction.

tax appeal_dismissed Significant reassessment reason to believe Assessing Officer Transfer Price Officer

Sansar Texturisers Pvt. Ltd. v. Union of India

13 Jan 2012 · G. S. Kulkarni; Firdosh P. Pooniwalla
Cites 0 · Cited by 4

The Bombay High Court dismissed a belated writ petition challenging anti-dumping duty notifications and seeking refund, holding it barred by delay, laches, and maintainability principles under Article 226.

administrative petition_dismissed Significant Article 226 Constitution of India anti-dumping duty Customs Tariff Act 1975 writ petition maintainability

Swapnapurti SRA Co-op. Housing Society Ltd. v. The Chief Executive Officer, SRA

11 Jan 2012 · Madhav J. Jamdar

The Bombay High Court upheld the SRA's authority to verify slum dwellers' consent through supervised meetings and dismissed challenges to the appointment of a new developer under Section 13(2) of the Maharashtra Slum Act.

administrative appeal_dismissed Significant Slum Rehabilitation Authority Section 13(2) Slum Act Consent verification General Body Meeting

Yogesh Chandulal Mehta and Suresh Chabndulal Mehta v. The State of Maharashtra and Others

04 Jan 2012 · R. D. Dhanuka; M. M. Sathaye
Cites 0 · Cited by 3

The Bombay High Court quashed the acquisition of petitioners' slum land under Section 14(1) of the Maharashtra Slum Areas Act for failure to issue mandatory notice and violation of natural justice, upholding owners' preferential redevelopment rights.

property appeal_allowed Significant Maharashtra Slum Areas Act Section 14(1) Slum Rehabilitation Scheme acquisition of land

Amol Ankush Parge & Ors. v. The State of Maharashtra

24 Nov 2011 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court upheld the murder convictions of two accused while acquitting others due to insufficient evidence of common unlawful assembly and involvement.

criminal appeal_partly_allowed Significant Section 302 IPC Section 324 IPC Section 149 IPC unlawful assembly

Kiran B. Pulekar v. The Union of India

18 Nov 2011 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 35

The Bombay High Court dismissed the writ petition challenging termination for unauthorized absence, holding that due disciplinary procedure was followed and allegations of malice were unsubstantiated.

administrative petition_dismissed Significant disciplinary inquiry unauthorized absence natural justice malice

M/s. Shah Rameshchandra Nihalchand & Co. and Others v. S. Bose Commissioner of Tax-13 and The State of Maharashtra

18 Nov 2011 · Jitendra Jain
Cites 1 · Cited by 6

The High Court held that partners of a firm cannot be impleaded as accused under Section 319 Cr.P.C. without prior sanction under Section 279 of the Income Tax Act and in absence of prima facie evidence under Section 278B, setting aside the Sessions Court order allowing such impleadment.

criminal appeal_allowed Significant Section 319 Cr.P.C. Section 279 Income Tax Act Section 278B Income Tax Act sanction requirement

Janakalyan Sahakari Bank Limited v. State of Maharashtra

18 Oct 2011 · Amit Borkar, J.

The High Court held that a registered Development Agreement creates a subsisting legal interest that cannot be unilaterally cancelled, and upheld the validity of attachment of the developer’s rights under recovery proceedings, quashing the Revisional Authority’s order that exceeded its jurisdiction.

civil appeal_allowed Significant Development Agreement Attachment Maharashtra Cooperative Societies Rules Registered Instrument