High Court of Bombay
5,131 judgments
Pr. Commissioner of Income Tax-1 v. Agfa India Pvt. Ltd.
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.
Sansar Texturisers Pvt. Ltd. v. Union of India
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.
Swapnapurti SRA Co-op. Housing Society Ltd. v. The Chief Executive Officer, SRA
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.
Yogesh Chandulal Mehta and Suresh Chabndulal Mehta v. The State of Maharashtra and Others
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.
Amol Ankush Parge & Ors. v. The State of Maharashtra
The Bombay High Court upheld the murder convictions of two accused while acquitting others due to insufficient evidence of common unlawful assembly and involvement.
Kiran B. Pulekar v. The Union of India
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.
M/s. Shah Rameshchandra Nihalchand & Co. and Others v. S. Bose Commissioner of Tax-13 and The State of Maharashtra
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.
Janakalyan Sahakari Bank Limited v. State of Maharashtra
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.
ICICI Bank Ltd. v. The State of Maharashtra & Ors.
The Bombay High Court quashed an FIR alleging criminal offences in a loan recovery dispute, holding it to be a civil matter and abuse of criminal process.
Citizen Constructions v. Parvez Mohammed Yusuf Kokani
The High Court modified a blanket injunction restraining transfer of a disputed plot, emphasizing the need to balance equities where the plaintiff’s claim is based on an unregistered agreement executed before vendors acquired title, while the defendant holds registered sale deed and has commenced construction.
Shyamsundar Radhyesham Agarwal v. State of Maharashtra
The Bombay High Court granted anticipatory bail in a land forgery case involving long-registered documents and delayed FIR, balancing liberty with investigation safeguards.
Sandeep Thakur v. State of Maharashtra & Ors.
The Bombay High Court upheld the validity of UDCPR parking provisions but directed NMMC to conduct a fresh expert study and amend regulations to ensure adequate parking, emphasizing limited judicial interference in subordinate legislation unless manifest arbitrariness is shown.
The State of Maharashtra v. Shri Chandrakant Dhondiram Gurav
The High Court set aside a dismissal order due to unfair departmental enquiry lacking opportunity for cross-examination, directing reinstatement with 50% backwages while emphasizing adherence to natural justice in disciplinary proceedings.
Yasin Gulab Shikalkar v. Maruti Nagnath Aware & Ors.
The Bombay High Court allowed the petitioner’s writ petition directing re-measurement of disputed land by appointing a Court Commissioner under Order 41 Rule 27 CPC, rejecting the res judicata objection and emphasizing the appellate court’s power to admit additional evidence.
Maharashtra State Electricity Distribution Company Ltd. v. Supreme Metal Industries
The High Court held that unauthorized commercial use of electricity in industrial premises attracts mandatory twice-rate penalty under Section 126, and only the registered consumer or authorized person can appeal under Section 127, rejecting tenant's claim to consumer status.
Raptakos Breet & Company Ltd. v. Gajanan M. Sonawane
The Bombay High Court modified orders awarding back wages to a dismissed employee, directing lump sum compensation instead, affirming limited interference with Labour Court findings under Article 227.
National Iranian Tanker Company v. Bharat Petroleum Corporation Ltd
The Bombay High Court upheld an arbitral award holding a demurrage claim time-barred, ruling that correspondence on undisputed invoices did not reset the limitation period under Section 34 of the Arbitration and Conciliation Act, 1996.
M/s. Satyam Construction v. Chief Controlling Revenue Authority and Ors.
The Bombay High Court held that stamp duty paid on a Development Agreement is refundable under the extended limitation period of the Proviso to Section 48(1) of the Maharashtra Stamp Act, treating such agreements on par with conveyances, and awarded interest on the refund.
Darius Rutton Kavasmaneck v. Maharukh Murad Oomrigar & Ors
The Bombay High Court dismissed the petition seeking transfer of a civil suit challenging a nomination to be tried along with a testamentary suit, holding that the suits involve distinct issues and parties and transfer is not justified under Section 24 CPC.
Sanjay Prakash Mane v. The State of Maharashtra
The Bombay High Court acquitted appellants of murder charges due to unreliable eyewitness evidence but upheld their convictions for attempt to murder, granting benefit of doubt on the more serious offence.