High Court of Bombay

5,061 judgments

Year:

Ramchandra Vishnu Sable & Ors. v. Narayan Shankarrao Game Patil & Ors.

27 Jun 2000 · S.M. Modak

The Bombay High Court held that liquidated damages awarded must be reasonable and not penal, reducing the award to refund of earnest money with interest, clarifying the application of Sections 73 and 74 of the Indian Contract Act.

civil appeal_allowed Significant liquidated damages Indian Contract Act Section 74 compensation for breach specific performance

Vijaymala Sidling Doijad v. The State of Maharashtra

08 Mar 2000 · N.J. Jamadar · 2025:BHC-AS:9766
Cites 0 · Cited by 2

The Bombay High Court held that a counter-claim filed after settlement of issues and recording of evidence is generally impermissible and set aside the trial court's order allowing such a belated counter-claim.

civil appeal_allowed Significant counter-claim Order VIII Rule 6-A CPC amendment of pleadings limitation

Dilip Lalchand Porwal v. State of Maharashtra

15 Jan 2000 · M. S. Karnik; Gautam A. Ankhand
Cites 0 · Cited by 51

The High Court held that the State Human Rights Commission lacks jurisdiction over civil property disputes and quashed its order directing compliance under the Protection of Human Rights Act, 1993.

administrative appeal_allowed Significant Maharashtra State Human Rights Commission Protection of Human Rights Act, 1993 jurisdiction civil dispute

Reeta Mukesh Sehgal v. Union Bharat Sabha & Ors.

24 Dec 1999 · Amit Borkar, J.

The Bombay High Court upheld termination of a college Principal for deliberate alteration of service records and misconduct involving moral turpitude, affirming the proportionality of disciplinary punishment and limited scope of judicial review.

labor appeal_dismissed Significant misconduct moral turpitude disciplinary enquiry service book alteration

Tulshiram T. Patil v. Wellman Hindustan Limited

16 Nov 1999 · Amit Borkar

The Bombay High Court upheld a binding industrial settlement resolving wage and gratuity claims of workers, rejecting allegations of fraud and delay in raising objections.

labor appeal_dismissed Significant industrial settlement unfair labour practices voluntary retirement scheme employment termination

Mahesh Purshottam Maurya v. The Municipal Corporation of Greater Bombay

12 Nov 1999 · Jitendra Jain
Cites 0 · Cited by 2

The Bombay High Court dismissed the appeal challenging a municipal notice under Section 351 MMC Act, holding that plaintiffs failed to prove the legality of the disputed structure.

property appeal_dismissed Section 351 Mumbai Municipal Corporation Act unauthorized construction burden of proof property tax receipt

Anil Joginder Sachdev v. Balasaheb Hiralal Zad

25 Oct 1999 · Sandeep V. Marne

The Court held that eviction on ground of default in rent was not maintainable due to premature suit filing before expiry of statutory notice period, but upheld eviction for unauthorized permanent construction and injury to premises under the Bombay Rent Act.

civil appeal_allowed Significant Bombay Rent Act Maharashtra Rent Control Act Section 12(2) Bombay Rent Act default in payment of rent

Vijay Shankar Patil and Others v. UCO Bank

16 Sep 1999 · Sandeep V. Marne
Cites 2 · Cited by 6

The Bombay High Court held that Industrial Tribunals have jurisdiction to award interest on delayed payment of dues under an Award, directing UCO Bank to pay 6% interest on back wages from the date they became due until actual payment.

labor appeal_allowed Significant Industrial Disputes Act, 1947 Section 33-C(2) Interest Act, 1978 Interest on delayed payment

Abhishek Mahesh Garodia v. Maharashtra Housing Area & Development Authority

01 Jul 1999 · A. S. Gadkari; Kamal Khata
Cites 0 · Cited by 1

The Bombay High Court dismissed the Trust's petition challenging MHADA's cancellation of land allotment due to delayed payment and interest liability, holding MHADA acted lawfully and the Trust waived objections by its conduct.

administrative petition_dismissed Significant MHADA allotment cancellation of allotment interest on delayed payment Regulation 16 MHADA

M/s. TAA Construction v. The Kalyan Agriculture Produce Marketing Committee

05 Feb 1999 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court allowed the writ petition, holding that time spent bona fide in a forum lacking jurisdiction must be excluded from limitation under Section 14 of the Arbitration Act, 1940, and quashed the order rejecting the application as barred by limitation.

civil appeal_allowed Significant Arbitration Act 1940 Section 14 Limitation Act 1963 Article 119

Arvind Jeram Kotecha v. Prabhudas Damodar Kotecha

22 Jan 1999 · S.C. Gupte; Madhav Jamdar

The Bombay High Court held that absence of reasons in a foreign judgment does not render it non-executable under Section 13(b) of the CPC, dismissing the appeal against execution of a U.K. judgment and related costs certificates.

civil appeal_dismissed Significant foreign judgment execution of decree Section 13 CPC Section 44A CPC

Harkisandas Tulsidas Pabari & Ors. v. Alok Nandkishor Acharya & Ors.

03 Dec 1998 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court upheld the setting aside of an arbitral award due to lack of jurisdiction of the arbitrator to recommence proceedings without fresh notice and held that the MoU was not a concluded contract capable of specific performance.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 21 Section 34 Specific performance

Equus Stud Pvt. Ltd v. Dharmil A. Bodani

27 Oct 1998 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that a court cannot grant injunction against a non-party over third-party property outside its territorial jurisdiction, setting aside an interim order restraining the appellant from obstructing access to the plaintiffs' property.

civil appeal_allowed Significant injunction against non-party territorial jurisdiction Court Receiver rights interim injunction

Sudhatai Bhagwandas Sawant & Ors. v. Ramchandra Shivram Gadekar & Ors.

31 Aug 1998 · Sandeep V. Marne

The court upheld the eviction decree based on the bona fide requirement of the deceased plaintiff's daughter, holding that legal heirs must plead and prove their own independent need after the plaintiff's death.

civil appeal_dismissed Significant bonafide requirement eviction decree legal heirs amendment of plaint

TJSB Sahakari Bank Ltd. v. Amritlal P Shah

07 Apr 1998 · Sandeep V. Marne
Cites 0 · Cited by 1

The Bombay High Court upheld the arbitral award on coercion and liability but modified the interest rate awarded, rejecting the plea of res judicata due to absence of prior pleading and issue framing.

commercial_arbitration appeal_dismissed Significant res judicata arbitral award coercion interest rate

The TJSB Sahakari Bank Ltd. v. Amritlal P. Shah

31 Mar 1998 · Amit Borkar, J.
Cites 0 · Cited by 2

The Bombay High Court set aside the appellate court’s discharge of a surety under Sections 139 and 141 of the Indian Contract Act, holding that mere disposal of hypothecated goods by borrowers does not discharge the surety absent creditor negligence or breach of contractual duty.

civil appeal_allowed Significant surety discharge Section 139 Indian Contract Act Section 141 Indian Contract Act hypothecation agreement

Rajesh Ashok Mankar v. Konkan Railway Corporation Ltd.

25 Mar 1998 · Nitin Jamdar; Sandeep V. Marne
Cites 1 · Cited by 1

The High Court set aside the disciplinary penalty of reduction to the lowest grade imposed on an employee for erroneous pay fixation, holding the findings perverse and the penalty impermissible, and directed reinstatement with continuity of service.

labor appeal_allowed Significant disciplinary enquiry pay fixation error judicial review perversity

Rajendra Virappa Telia @ Mangnure v. The State of Maharashtra

24 Feb 1998 · C.V. Bhadang
Cites 0 · Cited by 5

The High Court set aside the appellant's conviction under Section 306 IPC due to lack of specific charge and doubt about suicidal death but confirmed conviction under Section 498-A IPC for cruelty causing the wife's death.

criminal appeal_partly_allowed Significant Section 306 IPC Section 498-A IPC Dowry death Ill-treatment

The State of Maharashtra v. Uddhao Pandurang Patil

08 Dec 1997 · M. S. Karnik; N. R. Borkar
Cites 0 · Cited by 1

The High Court upheld the Tribunal's order directing reconsideration of promotion to the Indian Forest Service due to unjustified delay in cadre review, mitigating the age bar under Regulation 5(3).

administrative appeal_dismissed Significant Indian Forest Service cadre review promotion age bar

M/s. Yashmum Engineers Ltd v. Sudhir Jagannath Kukarni

17 Nov 1997 · Sandeep V. Marne

The Bombay High Court upheld the Labour Court's finding of illegal retrenchment and compensation award, dismissing the employer's challenge and denying reinstatement to the workman.

labor appeal_dismissed Significant retrenchment Industrial Disputes Act, 1947 section 2(oo) section 25-F