High Court of Bombay
3,981 judgments
Tourism Finance Corporation of India Ltd. v. Aishwarya Chetan Khedkar and Ors.
The Bombay High Court upheld the civil court's jurisdiction to protect a coparcener's interest in ancestral property against enforcement actions under the SARFAESI Act and held that sale of property in violation of injunction is illegal and void.
Tourism Finance Corporation of India Ltd. v. Aishwarya Chetan Khedkar and Ors.
The Bombay High Court upheld the civil court's jurisdiction to grant injunction protecting a coparcener's interest in ancestral property subject to SARFAESI proceedings and held that sale of property in violation of injunction is illegal and void.
Tourism Finance Corporation of India Limited v. Aishwarya Chetan Khedkar
The Bombay High Court held that civil courts retain jurisdiction over partition suits by non-borrowers despite SARFAESI Act enforcement actions, and transfers violating injunctions are void.
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The Bombay High Court allowed substitution of the sole Executor due to ill-health under Section 301 of the Indian Succession Act, emphasizing the Court's discretionary power and absence of prejudice to other parties.
Lakhani Realty LLP v. Kalina Vihar Darshan Co-operative Housing Society
The Bombay High Court held that a suit contemplating urgent interim relief is exempt from mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, and thus the plaint cannot be rejected at the threshold for non-compliance.
Shoban Salim Thakur v. Chaitanya Arora
The Bombay High Court vacated an ex parte injunction and dismissed the trademark infringement suit due to the plaintiff's wilful suppression of material facts, including a territorial disclaimer and prior user evidence, amounting to fraud on the court.
ECGC Limited v. Baco Metallic Industries
The Bombay High Court upheld an arbitral award favoring the insured, holding that the tribunal's interpretation of the insurance contract and findings on quality disputes were plausible and not liable to be set aside under Section 34 of the Arbitration Act.
Dilip Kapoor v. Bhagat Mahesh Bhaga
The Bombay High Court upheld the Tribunal's order directing reinstatement of an employee with back wages and penalties for employer's non-compliance, rejecting the employer's belated claim of appointment in a different section.
M/s. H.V. Infrastructure Pvt. Ltd. v. State of Maharashtra
The Bombay High Court held that Sale Certificates issued by Recovery Officers in public auctions are exempt from compulsory registration and confer title upon confirmation of sale, directing the Society to recognize Petitioners' ownership and grant membership.
Aman @ Amaan Jamir Shaikh v. The State of Maharashtra
The Bombay High Court upheld the preventive detention of a petitioner under the MPDA Act, holding that recent offences involving threats, assaults, and extortion constituted acts prejudicial to public order justifying detention.
Maharashtra Police Academy v. Bharati Yashwant Salve
The Bombay High Court held that the Maharashtra Police Academy qualifies as an industry under the Industrial Disputes Act, and the termination of a long-serving daily wage employee without statutory retrenchment procedures was illegal, ordering reinstatement with back wages and permanency.
Le Shark Apparel Limited v. Anil Shah
The Bombay High Court allowed the petition to expunge the Respondents' trademark registration for 'Le Shark' on grounds of fraudulent adoption and lack of bona fide use under Sections 47 and 57 of the Trade Marks Act, 1999.
Suresh Narayan Kakde v. The State of Maharashtra
Acquisition of private land under the Maharashtra Slum Areas Act without issuing mandatory notice under Section 13 recognizing landowners' preferential redevelopment rights is illegal and liable to be quashed.
Shankar Balwant Malvankar v. The State of Maharashtra
The Bombay High Court dismissed the appeal and upheld the conviction of a municipal clerk for accepting bribe, holding that demand and acceptance were proved beyond reasonable doubt, sanction was valid, and the investigating officer was duly authorized.
Rashmikant Zaverchand Shah v. Dharmesh Chapsi Ghada
The High Court upheld the Sessions Court's discretionary order requiring 20% deposit of compensation under Section 148(1) NI Act, rejecting the claim that cash transactions render the liability unenforceable and finding no exceptional circumstances to waive the deposit.
Reliance General Insurance Co. Ltd. v. Kishor Ashok Pandilwar
The Bombay High Court upheld the Motor Accident Claims Tribunal's award in a composite negligence case, affirming the claimant's right to compensation from the insurer of the vehicle in which the deceased was traveling and rejecting contributory negligence based on familial relationship.
Dr. Shyam Bihari v. Nuclear Power Corporation of India Ltd. & Internal Complaints Committee
The Bombay High Court upheld the constitution and inquiry of the Internal Complaints Committee under the POSH Act, dismissing the petitioner’s challenge for lack of merit and waiver of objections.
Shri Prasad Dinkar Patil v. The Chief Executive Officer, Zilla Parishad, Raigad
The Bombay High Court held that an employee who acquired disability during service must be treated as on duty with all service benefits under the Rights of Persons with Disabilities Act, 2016, and directed payment of arrears and sensitization of officials.
Namdeo Suratsingh Chaudhary v. Natu Ambersingh Patil & Ors.
The court held that the Registrar lacks jurisdiction to decide complex membership disputes involving succession and transfer validity under the Maharashtra Cooperative Societies Act, setting aside the order substituting membership and restoring the status quo.
Pr. Commissioner Of Income Tax-3 Pune v. Ramelex Private Ltd
The Bombay High Court upheld the ITAT's order restricting additions for alleged bogus purchases to 15%, emphasizing the need for unimpeachable evidence and adherence to natural justice before making such additions.