High Court of Bombay
5,063 judgments
Metal Box India Ltd. v. M/s. S.F. Engineer
A public limited company losing rent control protection under Maharashtra Rent Control Act due to paid-up share capital exceeding Rs. 1 crore as on 31 March 2000 cannot regain such protection by subsequent reduction of share capital.
Deepali Dinesh Naik v. Pramila Dilip Deshmukh
The Bombay High Court held that disputes solely concerning grant of higher pay scale without dismissal, reduction in rank, or supersession do not fall within the School Tribunal's jurisdiction under Section 9 of the MEPS Act, dismissing the writ petition.
Hiraman Nivrutti Tupe v. Sou. Vijaymala Vinayak Bazare
The High Court set aside the Trial Court's order condoning delay to set aside an ex-parte decree, holding the explanation false and the discretion exercised perversely.
Maruti Krishana Naik and Others v. M/s. Advani Oerlikon Ltd. and Anr.
The court held that an employer can justify termination without prior enquiry by leading all relevant evidence before the Labour Court, including on grounds not specified in the termination order, and upheld the termination of employees for misconduct including participation in illegal strike and assault.
Rohit s/o Pramod Chavan & Ors. v. Pramod Jayawant Chavan & Ors.
The Bombay High Court held that a suit cannot be summarily dismissed for abuse of process without prima facie consideration of substantive averments and restored the suit for fresh adjudication.
Film & Television Producers Guild of India v. State of Maharashtra
The Bombay High Court upheld entertainment duty on sponsorship amounts for an award function including performances but set aside the penalty for lack of proper authority and application of mind.
Karan Distilleries Pvt. Ltd. v. The State of Maharashtra
The Bombay High Court upheld the State Government’s rejection of subsidy to an existing grain-based distillery unit under the 2007 policy, holding that only new units with capital investment incurred after the policy date are eligible.
Aeon Creations Pvt. Ltd. & Ors. v. The State of Maharashtra & Ors.
The Bombay High Court held that purchasers of premises on 'as is where is' basis are liable to pay theft charges crystallized against previous owners under the Electricity Act and applicable regulations, dismissing the petitioners' challenge to the additional conditions of the Amnesty Scheme.
Konkan Railway Corporation Pvt. Ltd. v. M/s. B. T. Patil & Sons Belagum
The Bombay High Court upheld the executing court's order on the correct computation of pre-award interest as part of the arbitral award sum, dismissing the petition challenging the calculation.
Gloria Lois Crasto v. Piloo Fali Bomanjee & Ors.
The High Court set aside the eviction decree for arrears of rent and non-user due to invalid service of notice and absence of proper pleading on non-user under the Maharashtra Rent Control Act.
Prime Securities Ltd. v. Mrs. Arti Anil Shah
The Court held that a secured creditor with a decree and possession prior to insolvency adjudication is entitled to possession of the property notwithstanding insolvency proceedings, rejecting the Official Assignee’s claim.
The Municipal Corporation of Greater Mumbai v. The B.E.S.T. Workers Union
The High Court held that B-Grade officers drawing basic pay exceeding Rs.6,500/- are not "employees" under Section 3(13) of the BIR Act, thus the Industrial Court lacked jurisdiction to entertain the unfair labour practice complaint filed on their behalf.
Sudhir Madhavrao Kudale & Ors. v. Union of India & Ors.
The Bombay High Court dismissed the writ petition challenging demolition of structures on land lawfully acquired by NHAI, holding no illegality or entitlement to compensation was established.
Kiran P. Pawar v. Bata India Ltd.
The Bombay High Court held that Bata's salesmen qualify as workmen under the Industrial Disputes Act, upheld their reinstatement claims but modified relief to lump-sum compensation due to delay and age, dismissing Bata's challenge to Labour Court jurisdiction.
Shree Champalal Kothari Trust & Ors. v. Rajhans Cooperative Housing Society Ltd.
The court held that a trial court must strictly adhere to the limited scope of an appellate remand and cannot permit withdrawal with liberty to file a fresh dispute introducing new issues beyond formal defects under Order 23 Rule 1(3) CPC.
Jayashree Electron Pvt. Ltd. v. Prashant Ranu Gaware
The High Court held that it can entertain writ petitions challenging preliminary Part-I Awards of Labour Court on fairness and perversity grounds, and set aside the Labour Court's finding of perversity in enquiry officer's findings where supported by some evidence.
Mirza Himayat Beig @ Umar v. The State of Maharashtra
The Bombay High Court granted bail to an accused under UAPA after 13 years of custody, emphasizing the constitutional right to liberty and speedy trial despite serious terrorism charges.
The Court Receiver v. Mumbai Labour Union
The Bombay High Court held that dissolution of a partnership firm by notice and appointment of Court Receiver for sale of assets effects closure of business without requiring separate permission under Section 25-O of the Industrial Disputes Act, setting aside the Industrial Court's order for payment of wages and reopening of the factory.
Kumar Dashrath Kamble v. Bombay Hospital
The Bombay High Court held that denial of permanency to an HIV positive employee was discriminatory and ordered grant of permanency from 2006 with arrears limited by statutory limitation.
MARS Enterprises v. Mumbai Municipal Corporation of Greater Mumbai
The Bombay High Court larger Bench, following the Supreme Court in Harish Lamba, held that water tax and water benefit tax are compulsory property taxes leviable irrespective of actual water consumption, and water charges are payable in lieu of these taxes.