High Court of Bombay
5,131 judgments
Vijay Madhavrao Budhale v. Bhagoji Ganu Kamble
The Bombay High Court held that a suit for specific performance contingent on government permission is within limitation from refusal after notice, non-joinder of necessary co-owner parties is fatal, possession under Section 53-A requires actual possession per agreement, and directed refund of earnest money with interest while denying specific performance.
Everest Kanto Cylinder Ltd. v. Union of India
The Bombay High Court held that reopening of income tax assessment beyond four years is invalid without failure to truly and fully disclose material facts, quashing the reassessment notice issued to Everest Kanto Cylinder Ltd.
Sailappan Sodali Muthu v. The Municipal Corporation of Greater Mumbai
The Bombay High Court quashed a Section 314 notice issued by the Municipal Corporation for failure to specify the statutory contravention, holding such omission renders the notice without jurisdiction.
Manoj Madhav Limaye & Ors. v. State of Maharashtra & Ors.
The Bombay High Court upheld the municipal corporation's authority to levy regulatory license fees on sky signs and hoardings under the MMC Act post-GST, but struck down retrospective and arbitrary fee increases lacking proper approval.
Avinash Bharat Ahire v. The State of Maharashtra
The Bombay High Court set aside the Scrutiny Committee's invalidation of the petitioners' Scheduled Tribe claim, directing issuance of caste validity certificates based on substantial documentary evidence and clarifying that the affinity test is not conclusive.
M/s. IVY Jewellery Pvt Ltd v. Shri Chandresh Sampat
The Bombay High Court upheld the acquittal of the accused under Section 138 NI Act, holding that without assignment of liability, the accused cannot be held criminally liable for a dishonoured cheque issued by another.
Suvarna Netaji Patil v. Smita Ashok Patil
The Bombay High Court held that a Birth Certificate issued under the Registration of Births and Deaths Act is admissible evidence and that the appointing authority's acceptance of the birth date therein over conflicting school records cannot be interfered with, allowing the appeal and setting aside the earlier decrees invalidating the appointment.
Dilip Baburao Karape v. The Union of India
The Bombay High Court allowed the appeal holding that a lost ticket affidavit suffices to prove bona fide passenger status and that injury from falling in a crowded train compartment constitutes an untoward incident entitling the passenger to compensation.
Maharashtra Maritime Board v. Union of India
The Bombay High Court held that construction of a passenger jetty within the 50-meter mangrove buffer zone under CRZ-I is permissible as a public utility project under the CRZ Notification 2011, subject to environmental safeguards and judicial approval.
Uday Bhanudas Gujar v. Madan Yeshwant Diwan & Ors.
The High Court held that the Divisional Commissioner lacked jurisdiction to cancel a sale permission under the Maharashtra Rehabilitation Act after execution of a registered sale deed, restoring the permission and validating the sale.
M/s. Satra Plaza Premises Co-op. Soc. Ltd. v. Navi Mumbai Municipal Corporation
The Bombay High Court held that revocation of an Occupancy Certificate without compliance with Section 51 of the MRTP Act and without hearing affected third parties is illegal, quashing the cancellation order and declaring the conditional NOC requirement invalid.
Lekha Ali Shaikh v. Chief Executive Officer, Office of the Cantonment Board
The Bombay High Court dismissed the petition challenging demolition of unauthorized construction in a Red Zone, holding that illegal structures cannot be regularized by deemed sanction or subsequent applications.
Sumitra Shridhar Khane v. State of Maharashtra
The Bombay High Court held that acquisition of land without compensation violates Article 300A, and delay cannot bar the right to compensation, directing the State to complete acquisition and pay compensation.
R. B. Bohora Educational & Welfare Trust v. Vijay Mundaware & Ors.
The High Court held that the Charity Commissioner exceeded jurisdiction under Section 41A by directing a public trust to issue a public apology unrelated to trust property or income, and quashed the impugned order.
Vibrant Securities Private Limited v. Income-tax Officer & Ors.
The Bombay High Court set aside the reopening notice under section 148 of the Income Tax Act for AY 2014-15, holding that the Assessing Officer failed to satisfy jurisdictional conditions and the reassessment was based on impermissible change of opinion.
Vedanta Limited v. Union of India
The Bombay High Court held that reopening an income tax assessment based on mere change of opinion is invalid and upheld the allowability of interest on borrowed capital used for business under Section 36(1)(iii) of the Income Tax Act.
Knight Riders Sports Pvt. Ltd. v. Assistant Commissioner of Income Tax
The Bombay High Court held that reassessment under Section 148 of the Income Tax Act cannot be initiated on a mere change of opinion when the issue was already considered during original assessment, quashing the impugned notices and orders.
Geopreneur Realty Private Limited v. Union of India
The Bombay High Court held that reopening an income tax assessment under Section 148 based solely on a change of opinion is impermissible and quashed the reopening notice issued to the petitioner.
Mira Bhavin Mehta v. Income Tax Officer Ward 6 (3) (1)
The Bombay High Court held that reassessment under Section 148 of the Income Tax Act cannot be initiated solely on a change of opinion where the issue was already considered during original assessment, and quashed the reopening notices issued on that basis.
Godrej Projects Development Pvt Ltd v. Income Tax Officer & Ors.
The Bombay High Court held that reopening an income tax assessment based on share premium receipt is invalid if it is a mere change of opinion without independent reason to believe and that share premium is a capital receipt not taxable for AY 2009-10.