High Court of Bombay

5,061 judgments

Year:

Union of India v. Balakrishnan Thiruvengadam Mudaliar

27 Jul 2010 · Nitin Jamdar, ACJ; Sandeep V. Marne, J.
Cites 0 · Cited by 14

The Bombay High Court upheld the Tribunal's order granting backwages to a government servant wrongfully compulsorily retired and reinstated with a lesser penalty, dismissing the Union of India's challenge.

administrative petition_dismissed Significant backwages compulsory retirement departmental enquiry Fundamental Rules 54

Reminiscent India Television Ltd v. Status Video

27 Jul 2010 · M.S. Sonak; Advait M. Sethna

The court held that a debtor's prior unconditional agreement to pay a creditor precludes belated challenges to the creditor's locus standi in a company petition, dismissing the appellant's appeals and upholding the winding-up order.

civil appeal_dismissed Significant company petition locus standi sole proprietorship agreement to pay

Arnav Corporation Ltd v. Sharad Construction

21 Jul 2010 · M.S. Sonak; Advait M. Sethna

The Bombay High Court dismissed the appeal challenging the order directing the appellant company to deposit Rs. 10 lakhs in court for dishonour of cheques, upholding the learned Company Judge’s exercise of discretion.

civil appeal_dismissed company petition dishonoured cheque Section 138 Negotiable Instruments Act condition precedent

Kumari Asha Parekh & Ors. v. M/s. Madhav Motor Stores Pvt. Ltd. & Ors.

20 Jul 2010 · C.V. Bhadang

The Bombay High Court held that an obstructionist resisting execution of an eviction decree can be directed to pay mesne profits, and limitation for such execution applications runs from the date obstruction is recorded by the court.

civil appeal_allowed Significant Order XXI Rule 97 CPC mesne profits obstruction in execution limitation Article 129

Pravara Renewable Energy Ltd v. Padmashri Dr. Vitthalrao Vikhe Patil

12 Jul 2010 · G.S. Kulkarni

The court granted interim relief restraining the respondent from interfering with the petitioner’s exclusive operation of the co-generation plant pending arbitration, balancing contractual rights and infrastructure continuity.

commercial_arbitration appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 9 interim relief Project Development Agreement Co-generation power plant

Oasis Realty v. The Commissioner of Sales Tax

09 Jul 2010 · K.R. Shriram; Firdosh P. Pooniwalla

The Bombay High Court upheld the prohibition on claiming set-off of input tax under the Composition Scheme notified under Section 42(3A) of the MVAT Act, dismissing the appellant's claim that the restriction applies only to purchases of goods transferred to buyers.

tax appeal_dismissed Significant Maharashtra Value Added Tax Act Composition Scheme Section 42(3A) set-off of input tax

Brij Madanlal Sharma; Ajay Sharma; Ebasco Finance Company Private Limited v. Pushpalata Sohanlal Sharma

31 May 2010 · S.J. Kathawalla; Milind N. Jadhav
Cites 0 · Cited by 4

The Bombay High Court dismissed the appeal and upheld the ownership decree in favor of Pushpalata Sohanlal Sharma, finding the appellants' claim based on forged documents and dishonest conduct to be false.

civil appeal_dismissed Significant ownership dispute identity of party forgery birth certificate

Municipal Commissioner, Pune Municipal Corporation v. Ashish Laxman Chavan

13 May 2010 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Court's award directing Pune Municipal Corporation to pay incentive 'Mushahira' to Octroi Department employees, affirming their vested right despite conflicting views on whether the department qualifies as an 'industry'.

labor appeal_dismissed Significant Mushahira Octroi Department Municipal Corporation Unfair Labour Practices

Grasim Industries Ltd. v. Assistant Commissioner of Income Tax

05 May 2010 · K. R. Shriram; Dr. N. K. Gokhale
Cites 1 · Cited by 6

The Bombay High Court held that an Indian payer who bore withholding tax under a foreign technical collaboration agreement is entitled to refund when the income is held not taxable in India, directing the Income Tax Department to refund the amounts with interest.

tax petition_allowed Significant tax deducted at source withholding tax refund non-resident income

Madhura Milind Gadgil v. Milind Neelkant Gadgil

13 Apr 2010 · Rajesh S. Patil
Cites 2 · Cited by 0

The Bombay High Court held that maintenance under the Domestic Violence Act is maintainable even after divorce if domestic violence occurred, setting aside the Sessions Court's order that denied maintenance post-divorce.

criminal appeal_allowed Significant Domestic Violence Act maintenance divorce decree aggrieved person

Rajesh Kumar Yedurajsingh Bhadoriya v. The State of Maharashtra

30 Mar 2010 · Prasanna B. Varale; Shrikant D. Kulkarni
Cites 2 · Cited by 8

The Bombay High Court upheld the appellant's conviction for the murders of his wife and daughter based on a complete chain of circumstantial evidence and a reliable extra judicial confession.

criminal appeal_dismissed Significant circumstantial evidence extra judicial confession Section 302 IPC Section 106 Evidence Act

M/s. Tata Motors Ltd. v. The State of Maharashtra

17 Mar 2010 · G. S. Kulkarni; Aarti Sathe
Cites 0 · Cited by 2

The Bombay High Court declined to answer sales tax references where the party at whose instance the references were made expressed disinterest, holding that the Court is not bound to decide such references without a hearing.

tax other Significant Sales Tax Reference Bombay Sales Tax Act, 1959 hire purchase premium service tax

Deputy Regional Director, Employees’ State Insurance Corporation v. M/s. Aashu Engineering Works

22 Feb 2010 · Jitendra Jain
Cites 0 · Cited by 5

The Bombay High Court upheld the imposition of damages under Section 85-B of the ESI Act, ruling that the order was passed after due hearing and proper consideration, and set aside the ESI Court's quashing of the damages.

administrative appeal_allowed Significant Section 85-B Employees' State Insurance Act, 1948 damages penalty

Maharashtra State Electricity Distribution Company Ltd v. Vashi Fantasia Business Park Premises Co-operative Society Ltd

16 Feb 2010 · Sandeep V. Marne
Cites 0 · Cited by 65

The Bombay High Court upheld CGRF orders allowing 24 separate LT electricity connections for VRF air conditioning systems in a commercial complex, rejecting the petitioner's insistence on a single HT connection under unique factual circumstances.

administrative petition_dismissed Significant Electricity connections High Tension connection Low Tension connection Variable Refrigerant Flow (VRF)

United India Insurance Co. Ltd. v. Shri Laxman Hirman Shewale

15 Feb 2010 · C.V. Bhadang
Cites 0 · Cited by 2

The Bombay High Court upheld compensation for injury caused by iron bars unloaded from a stationary vehicle, affirming a broad interpretation of 'use of motor vehicle' under Section 165(1) of the Motor Vehicles Act, 1988.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 165(1) use of motor vehicle motor accident compensation

Kanhaiyalal Nathulal Joshi & Ors. v. Jagdish Harkishan Sharma

08 Feb 2010 · Sandeep V. Marne
Cites 0 · Cited by 1

The High Court upheld a temporary injunction restraining the defendant from dealing with disputed property based on changed circumstances, clarifying that fresh injunction applications require new facts and cannot revisit settled issues.

civil appeal_allowed Significant temporary injunction res judicata Order 39 Rule 4 CPC Deed of Confirmation

Laxman Mahadev Katkar v. The State of Maharashtra

06 Feb 2010 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 1

The Bombay High Court held that land acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, 1894, due to non-inclusion of subject lands in the award within two years and quashed the impugned order violating natural justice.

property petition_allowed Significant Land Acquisition Act, 1894 Section 11A lapse of acquisition proceedings natural justice

Eknath Shankar Kamble v. Chief Executive Officer, Zilla Parishad, Sangli

11 Jan 2010 · N.J. Jamadar
Cites 3 · Cited by 0

The Bombay High Court held that after a clean acquittal on merits, the suspension period of a public servant must be treated as duty period for retiral benefits, even if no disciplinary inquiry was held.

labor petition_allowed Significant suspension period honourable acquittal benefit of doubt retiral benefits

Bhupendra Pal Singh v. Union of India

04 Dec 2009 · Dipankar Datta; M. S. Karnik
Cites 0 · Cited by 35

The Bombay High Court quashed delayed disciplinary proceedings initiated immediately before retirement due to inordinate unexplained delay and prejudice to the petitioner, despite his acquittal in criminal trial.

administrative appeal_allowed Significant delayed disciplinary proceedings charge-sheet superannuation prejudice

Mahadev Jarande & Ors. v. Rukmani Govindrao Khatmode & Ors.

21 Nov 2009 · Sandeep V. Marne
Cites 0 · Cited by 15

The High Court upheld the Minister-Revenue's order directing possession to respondents under a decree for partition and possession, rejecting petitioners' challenge based on a prior suit denying possession.

civil appeal_dismissed Significant possession partition execution of decree Section 54 CPC