High Court of Bombay

5,131 judgments

Year:

M/s. Bassein Metals Pvt. Ltd. v. The National Small Industries Corpn. Ltd.

24 Jul 2012 · M.S. Sonak; Jitendra Jain

The Bombay High Court upheld the winding up of a company unable to pay admitted debts despite acquittals in related criminal cases, emphasizing that civil liability and unchallenged decrees justify liquidation under Section 433(e) of the Companies Act.

corporate appeal_dismissed Significant winding up Section 433(e) Companies Act, 1956 Section 138 Negotiable Instruments Act demand promissory note

Dilip Jasaramji Mali v. Ramesh Ganesh Saxena

14 Jul 2012 · Sandeep V. Marne

The Bombay High Court held that eviction suits for rent default require a valid demand notice under section 15(2) of the Maharashtra Rent Control Act, and stale notices followed by accepted rent payments cannot sustain eviction decrees.

civil appeal_allowed Significant Maharashtra Rent Control Act, 1999 Section 15(2) demand notice eviction suit maintainability waiver of forfeiture

Wavy Construction LLP v. Asst. Commissioner of Income-tax, Circle-22(1) & Ors.

05 Jul 2012 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 2

The Bombay High Court held that the reassessment order passed within twelve months of its remand order is valid and not barred by limitation under Section 153(6) of the Income Tax Act, dismissing the petition challenging the same.

tax petition_dismissed Significant Income Tax Act, 1961 Section 147 Section 148 Section 151

Kusum Ramesh Shrike v. Kashinath Anna Jaigude

29 Jun 2012 · Sandeep V. Marne · 2018 (6) SCC 744
Cites 1 · Cited by 0

The Bombay High Court held that a mortgagee, even without ownership or prior possession, is entitled to recover possession from a gratuitous licensee, affirming the appellate court's order directing possession in favor of the mortgagee.

civil appeal_dismissed Significant mortgagee gratuitous licensee recovery of possession Transfer of Property Act Section 76

Oil and Natural Gas Corporation Limited v. Jindal Drilling and Industries Limited

27 Jun 2012 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 1

The Bombay High Court dismissed ONGC's appeals challenging the arbitral award in favor of Jindal after the reconstituted Arbitral Tribunal upheld Jindal's jurisdictional plea, rejecting ONGC's attempt to link Jindal and Discovery under the group of companies doctrine.

arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 16 jurisdiction challenge Group of companies doctrine Discovery and Jindal linkage

Awaaz Foundation v. Union of India & Ors.

25 Jun 2012 · Nitin Jamdar; M. M. Sathaye
Cites 0 · Cited by 17

The Bombay High Court directed the Union and State Governments to promptly declare the Sawantwadi-Dodamarg Corridor as an Ecologically Sensitive Area, rejecting the sufficiency of Conservation Reserve status and emphasizing urgent protection of this critical wildlife corridor.

environmental appeal_allowed Significant Ecologically Sensitive Area Sawantwadi-Dodamarg Corridor Environment Protection Act, 1986 Wildlife Protection Act, 1972

Mahendra Sabharu Majhi v. M/s. Mahlaxmi Enterprises & The Bajaj Allianz General Insurance Co. Ltd.

19 Jun 2012 · Jitendra Jain
Cites 0 · Cited by 4

The Bombay High Court held that a disability certificate issued by a qualified medical practitioner who did not treat the injured is valid for compensation claims under the Employees’ Compensation Act, 1923, and remanded the matter for fresh consideration.

labor appeal_allowed Significant Employees’ Compensation Act, 1923 disability certificate qualified medical practitioner loss of earning capacity

Saudi Arabian Airlines v. The General Secretary, Saudi Arabian Airlines Employees Association

17 May 2012 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Tribunal’s award setting aside the termination of security staff by Saudi Arabian Airlines, holding that BCAS did not prohibit self-handling of security functions and that the employer failed to comply with statutory closure and retrenchment procedures.

labor appeal_dismissed Significant self-handling of security functions closure of security department retrenchment Industrial Disputes Act, 1947

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

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 22

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 2

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 1

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