High Court of Bombay

5,061 judgments

Year:

Horizon Exhibitions And Events Pvt. Ltd. v. RMB Event Management Pvt. Ltd.

10 Nov 2009 · Jitendra Jain

The Bombay High Court held that non-filing of a resolution authorizing suit filing is a curable procedural defect and reversed the dismissal of the appellant's suit for recovery of money.

civil appeal_allowed Significant procedural irregularity authorization resolution curable defect dismissal of suit

Indiaideas.com Limited v. Supreme Chambers Condominium & Supreme Industries Limited

29 Oct 2009 · Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court held that a registered Declaration under the Apartment Ownership Act confers exclusive use rights over designated limited common areas, granting Indiaideas.com Limited a temporary injunction restoring possession of the Segment A terrace against the condominium association.

property appeal_allowed Significant Apartment Ownership Act limited common areas and facilities exclusive possession temporary injunction

Rangamma Soundappa Chetty v. Palaniswamy Obuli Chetty

28 Oct 2009 · Jitendra Jain

The High Court allowed the appeal and permitted the defendant to file a delayed written statement in a defamation suit, holding that erroneous service and clerical mistakes cannot prejudice the defendant's right to defend.

civil appeal_allowed Significant defamation suit condonation of delay service of summons written statement

Dhanaji Daragu Chudmunge v. The State of Maharashtra

22 Oct 2009 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court quashed the Maharashtra Government Resolution delaying sugarcane farmers' FRP payments beyond 14 days, affirming mandatory timely payment under the Sugarcane (Control) Order, 1966 and related laws.

administrative appeal_allowed Significant Fair and Remunerative Price Sugarcane (Control) Order 1966 payment within 14 days Maharashtra Regulation of Sugarcane Price Act 2013

Digambar Shivaji Igave v. The State of Maharashtra

15 Oct 2009 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court discharged petitioners accused of manipulating recruitment marks due to insufficient material to raise grave suspicion or prove offences under the Prevention of Corruption Act and IPC.

criminal petition_allowed Significant discharge application prevention of corruption act forgery criminal conspiracy

CMA-CGM Agencies (India) Pvt. Ltd. v. Union of India

12 Oct 2009 · Nitin Jamdar; Abhay Ahuja
Cites 0 · Cited by 25

The Bombay High Court quashed a decade-old show cause notice for service tax due to unreasonable delay and failure by authorities to adjudicate within a reasonable time after centralized registration.

tax petition_allowed Significant inordinate delay show cause notice service tax centralized registration

Brijbhushan Chandrabali Shukla v. Mahendra Yadav

23 Sep 2009 · Rajesh S. Patil

The Bombay High Court dismissed a belated interim application for monthly compensation at market rent during stay of eviction, holding such relief must be sought promptly after stay is granted and not after prolonged delay.

civil petition_dismissed Significant eviction decree stay of eviction interim compensation mesne profits

Bharat Petroleum Corporation Ltd. v. Balasaheb Hiralal Zad & Anr.

23 Sep 2009 · Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court dismissed the landlord's belated interim application for market rent during the pendency of an eviction appeal, holding such claims must be made within a reasonable time after admission of the appeal.

civil petition_dismissed Significant interim application market rent mesne profits eviction decree

The Commissioner of Customs (EP) v. M/s. Galaxy Surfaitants Ltd.

20 Sep 2009 · Nitin Jamdar; Abhay Ahuja
Cites 0 · Cited by 2

The Bombay High Court upheld that use of imported duty-free materials within different units of the same company does not violate customs exemption conditions or advance license terms, dismissing the Revenue's appeal.

customs appeal_dismissed Significant actual user condition advance license customs duty exemption transfer within units

Chandrakant Shinde v. Maharashtra Gramin Bank

20 Jul 2009 · Sandeep V. Marne

The Court held that disciplinary proceedings under service regulations not notified under Section 13B of the Industrial Employment (Standing Orders) Act, 1946 are illegal, reinstated the applicability of Model Standing Orders, and set aside the dismissal while awarding partial back wages.

labor petition_allowed Significant Industrial Employment (Standing Orders) Act, 1946 Section 13B notification Model Standing Orders Service Regulations

The State of Maharashtra v. Vitthal Tulshiram Jadhav

25 May 2009 · Dhiraj Singh Thakur; Sandeep V. Marne
Cites 0 · Cited by 18

The Bombay High Court upheld the Tribunal's order directing counting of the respondent's past temporary service for pension, excluding the interruption period, under the Maharashtra Civil Services (Pension) Rules.

administrative appeal_dismissed Significant temporary service pension Maharashtra Civil Services (Pension) Rules, 1982 interruption in service

Venkateshwara Hatcheries Private Limited v. The Commissioner of Central Excise

15 Apr 2009 · G.S. Kulkarni; Rajesh S. Patil
Cites 0 · Cited by 2

The Bombay High Court allowed the appellant's appeal holding that veterinary and laboratory testing services incidental to commission agent services are exempt under Notification No. 13/2003 and that the extended limitation period for service tax demand was not invokable in absence of fraud or suppression.

tax appeal_allowed Significant Service Tax Business Auxiliary Services Commission Agent Notification No. 13/2003

Shivmoori Jagatdev Kushwaha v. Assistant Division Engineer

08 Apr 2009 · N.J. Jamadar
Cites 1 · Cited by 1

The Bombay High Court upheld eviction of a petitioner occupying railway premises under a temporary agreement, affirming that railway property qualifies as public premises under the Public Premises Act, 1971, and dismissed challenges to procedural and jurisdictional aspects of the eviction.

property appeal_dismissed Significant Public Premises Act 1971 eviction public premises definition railway property

Laguna Resort Pvt. Ltd. v. Concept Hospitality Pvt. Ltd.

01 Apr 2009 · Sandeep V. Marne
Cites 3 · Cited by 0

The Bombay High Court upheld an arbitral award and held that time spent in prior arbitration proceedings set aside can be excluded under Section 43(4) of the Arbitration Act even if fresh arbitration arises under a different agreement or merged entity, and that jurisdictional objections not raised before the arbitrator cannot be belatedly raised before the Court.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 43(4) Limitation Arbitration Agreement

Kartik Regency Coop. Housing Society Ltd. v. The State of Maharashtra & Ors.

21 Mar 2009 · Amit Borkar
Cites 0 · Cited by 1

The Bombay High Court allowed the writ petition directing the Competent Authority to grant Deemed Conveyance to the petitioner Co-operative Housing Society under Section 11 of MOFA, holding that the promoter’s failure to execute conveyance triggered the statutory remedy despite pending challenges to the Society’s registration.

property appeal_allowed Significant Deemed Conveyance Maharashtra Ownership Flats Act, 1963 Section 11 MOFA Co-operative Housing Society

Interocean Shipping (India) Pvt Ltd v. Oil & Natural Gas Corporation Ltd

12 Mar 2009 · G.S. Patel; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court dismissed Interocean's appeal, holding that the arbitral tribunal erred in contract interpretation by imposing liability on ONGC for repairs and improperly applying the contra proferentem rule, and set aside the excessive interest awarded.

commercial_arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Section 37 contra proferentem rule

Lonavala Khandala Citizens Forum v. Municipal Council of Lonavala

12 Mar 2009 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 0 · Cited by 49

The Bombay High Court upheld judicial oversight via an Expert Committee to regulate development in Lonavala-Khandala, ensuring infrastructure adequacy and environmental protection under Article 21.

administrative other Significant Lonavala-Khandala Municipal Council Unauthorized constructions Infrastructure development

Anant Keshav Rajegaonkar v. The State of Maharashtra

04 Mar 2009 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 7

The Bombay High Court held that failure to acquire reserved land within the statutory period after a valid Purchase Notice under Section 127 MRTP Act causes the reservation to lapse, invalidating any subsequent reservation.

administrative petition_allowed Significant Maharashtra Regional Town Planning Act Section 127 Purchase Notice Reservation lapsing

Govind Kondiba Tanpure & Ors. v. The State of Maharashtra & Ors.

05 Feb 2009 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.
Cites 0 · Cited by 3

The Bombay High Court dismissed a PIL challenging land allotment to a public trust on grounds of unexplained delay and laches but directed inquiry into alleged breach of lease conditions involving mortgaging of the land.

administrative petition_dismissed Significant Public Interest Litigation Article 226 land allotment Village Extension Scheme

The State of Maharashtra v. Sunita Shankarrao Vhatkar

21 Jan 2009 · Sandeep V. Marne
Cites 3 · Cited by 6

The Bombay High Court held that contract employees in government service cannot claim permanency solely on completing 240 days of service without sanctioned posts and proper procedure, but directed consideration of their regularization if the State Government decides to convert contract posts into regular ones.

labor appeal_allowed Significant permanency contract employees regularization Model Standing Orders Clause 4(C)