High Court of Bombay

3,981 judgments

Year:

Tourism Finance Corporation of India Ltd. v. Aishwarya Chetan Khedkar and Ors.

16 Oct 2025 · N.J. Jamadar

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.

civil petition_dismissed Significant SARFAESI Act, 2002 Section 34 SARFAESI Act Debt Recovery Tribunal jurisdiction civil court jurisdiction

Tourism Finance Corporation of India Ltd. v. Aishwarya Chetan Khedkar and Ors.

16 Oct 2025 · N.J. Jamadar

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.

civil petition_dismissed Significant SARFAESI Act, 2002 Debt Recovery Tribunal civil court jurisdiction partition suit

Tourism Finance Corporation of India Limited v. Aishwarya Chetan Khedkar

16 Oct 2025 · N.J. Jamadar

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.

civil petition_dismissed Significant SARFAESI Act, 2002 Section 34 SARFAESI Debt Recovery Tribunal jurisdiction civil court jurisdiction

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15 Oct 2025 · Kamal Khata

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.

civil appeal_allowed Significant Executor removal Section 301 Indian Succession Act Testamentary petition Executor substitution

Lakhani Realty LLP v. Kalina Vihar Darshan Co-operative Housing Society

15 Oct 2025 · Gauri Godse

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.

civil appeal_dismissed Significant Section 12A Commercial Courts Act Order VII Rule 11 CPC urgent interim relief pre-institution mediation

Shoban Salim Thakur v. Chaitanya Arora

15 Oct 2025 · Arif S. Doctor
Cites 1 · Cited by 0

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.

civil appeal_allowed Significant ex parte injunction suppression of material facts trademark infringement territorial disclaimer

ECGC Limited v. Baco Metallic Industries

15 Oct 2025 · SOMASEKHAR SUNDARESAN
Cites 0 · Cited by 1

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.

civil petition_dismissed Significant Section 34 Arbitration Act arbitral award challenge insurance contract interpretation exclusion clause waiver

Dilip Kapoor v. Bhagat Mahesh Bhaga

15 Oct 2025 · Milind N. Jadhav

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.

labor petition_dismissed Significant reinstatement back wages contempt application non-compliance

M/s. H.V. Infrastructure Pvt. Ltd. v. State of Maharashtra

15 Oct 2025 · Milind N. Jadhav
Cites 0 · Cited by 2

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.

civil appeal_allowed Significant Sale Certificate Registration Act 1908 Recovery of Debts Due to Banks and Financial Institutions Act Debt Recovery Tribunal

Aman @ Amaan Jamir Shaikh v. The State of Maharashtra

15 Oct 2025 · A. S. Gadkari; Ranjitsinha Raja Bhonsale

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.

criminal petition_dismissed Significant preventive detention Maharashtra Prevention of Dangerous Activities Act public order subjective satisfaction

Maharashtra Police Academy v. Bharati Yashwant Salve

15 Oct 2025 · Milind N. Jadhav
Cites 8 · Cited by 0

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.

labor petition_dismissed Significant Industrial Disputes Act industry definition workman definition retrenchment

Le Shark Apparel Limited v. Anil Shah

14 Oct 2025 · R.I. Chagla

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.

intellectual_property appeal_allowed Significant Trade Marks Act 1999 Section 47 Section 57 Rectification of trademark

Suresh Narayan Kakde v. The State of Maharashtra

14 Oct 2025 · G. S. Kulkarni; Aarti Sathe

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.

property appeal_allowed Significant Maharashtra Slum Areas Act, 1971 Section 13 notice Section 14 acquisition preferential right to redevelop

Shankar Balwant Malvankar v. The State of Maharashtra

14 Oct 2025 · M.M. Sathaye
Cites 3 · Cited by 0

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.

criminal appeal_dismissed Significant Prevention of Corruption Act, 1988 Section 7 Section 13(1)(d) Section 13(2)

Rashmikant Zaverchand Shah v. Dharmesh Chapsi Ghada

14 Oct 2025 · N. J. Jamadar
Cites 0 · Cited by 2

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.

criminal petition_dismissed Significant Section 138 Negotiable Instruments Act Section 148(1) NI Act deposit condition cash transactions

Reliance General Insurance Co. Ltd. v. Kishor Ashok Pandilwar

14 Oct 2025 · S.M. Modak

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.

civil appeal_dismissed Significant composite negligence contributory negligence motor accident claim notional income

Dr. Shyam Bihari v. Nuclear Power Corporation of India Ltd. & Internal Complaints Committee

14 Oct 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe
Cites 1 · Cited by 0

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.

administrative petition_dismissed Significant Sexual Harassment of Women at Workplace Act, 2013 Internal Complaints Committee Presiding Officer seniority Natural justice

Shri Prasad Dinkar Patil v. The Chief Executive Officer, Zilla Parishad, Raigad

14 Oct 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

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.

administrative petition_allowed Significant Rights of Persons with Disabilities Act, 2016 Section 20(4) disability acquired during service supernumerary post

Namdeo Suratsingh Chaudhary v. Natu Ambersingh Patil & Ors.

14 Oct 2025 · Amit Borkar

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.

administrative appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Registrar jurisdiction Membership dispute Section 11

Pr. Commissioner Of Income Tax-3 Pune v. Ramelex Private Ltd

13 Oct 2025 · G. S. Kulkarni; Aarti Sathe
Cites 1 · Cited by 0

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.

tax appeal_dismissed Significant bogus purchases Income Tax Act, 1961 Section 260A Section 148