High Court of Bombay
5,131 judgments
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.
Ramdas Yashwant Mandlik v. B.Y. Pagare
An expert director without voting rights under cooperative society bye-laws cannot be held liable under Section 88 of the Maharashtra Cooperative Societies Act for damages without active participation in management.
Renuka Kiran Shinde v. Union of India
The Bombay High Court commuted the death sentences of two convicts to life imprisonment due to inordinate and unexplained delay of over seven years in disposal of their mercy petitions, violating their fundamental rights under Article 21.
Mr. Ashok Rajaram Raul v. Mr. Mandar Pramod Vichare
The High Court set aside the election of a municipal councilor for non-disclosure of pending criminal cases in the nomination affidavit but held that the runner-up candidate cannot be declared elected without proof that voters had notice of the disqualification.
Kolte Patil Developers Ltd. v. The State of Maharashtra
The Bombay High Court held that only the Registering Officer who registered an instrument can exercise powers under Section 33A of the Maharashtra Stamp Act, and actions beyond the six-year limitation under Section 53A are barred, quashing a belated order demanding deficit stamp duty.
Sameerkumar Prakash Awasare v. The State of Maharashtra
The Bombay High Court acquitted the appellant of murder charges due to failure of the prosecution to prove circumstantial evidence beyond reasonable doubt.
Paramount Limited v. Ion Exchange (India) Limited
The Bombay High Court upheld the setting aside of an arbitral award due to lack of jurisdiction of the sole arbitrator for failure to give due notice and held that a party failing to notify the other of critical applications cannot invoke section 42 to oust jurisdiction.
Dinesh Singh v. The Central Bureau of Investigation
The Bombay High Court dismissed the revision challenging the rejection of discharge of a former Custodian of Enemy Property accused of conspiracy and corruption in withdrawing statutory notices and facilitating alienation of enemy property.
Hindalco Industries Limited v. Union of India
The Bombay High Court held that delay in filing an application under Section 264 of the Income Tax Act should be condoned liberally to advance substantial justice and that the Commissioner’s wide powers under Section 264 are not restricted by the nature of an order under Section 143(1).
Indo Count Industries Ltd. v. Shankar Mahadev Takmare & Ors.
The High Court held that an agreement fixing retirement age at 58 years is valid under MIR Act and set aside interim orders extending employment till 60 years.
Louis Lobo v. Mohamed Yusuf Moosa & Ors.
The High Court upheld eviction on unauthorized subletting grounds where the tenant admitted tenancy and continuous exclusive occupation by third parties was established, rejecting the claim that tenancy was created for a club.
Union of India v. Lalita V. Mertia
The Bombay High Court set aside the Tribunal's order directing regularization of a contractual Examiner of Trade Marks, holding that contractual appointments without following prescribed recruitment rules do not confer a right to permanent employment.
Ghanshyam Malhotra & Ors. v. Vithalnagar Co-op. Hsg. Society Ltd.
The Court held that an Administrator's lease termination notice issued beyond his tenure is invalid, lease termination is a policy decision reserved for the elected Managing Committee, and an unauthorized assignment deed is illegal.
Central Railway-Mumbai Division v. A-1 Laundry Services (JV)
The High Court set aside the arbitral award's reduction of lost linen recovery rate below contractual terms, upheld penalty caps, and affirmed fixed cost compensation during COVID-19, emphasizing strict adherence to contract terms by arbitral tribunals.
Hindustan Petroleum Corporation Limited v. G. R. Engineering Private Limited
The Bombay High Court partially set aside an arbitral award denying liquidated damages for lack of reasoning while upholding other claims relating to civil works, insurance, service tax, and customs duty in a commercial arbitration between HPCL and GRE.