High Court of Bombay

5,061 judgments

Year:

Vijay R. Pandhare v. M/s. Balsara Hygenic Products Ltd.

12 Nov 1997 · Sandeep V. Marne
Cites 0 · Cited by 2

The Bombay High Court upheld the dismissal of workers' challenge to a voluntary retirement scheme, holding that tax exemption provisions do not create mandatory employment terms and that voluntary acceptance precludes claims of coercion or misrepresentation.

labor appeal_dismissed Significant Voluntary Retirement Scheme Income Tax Act Section 10(10C) Income Tax Rules Rule 2BA unfair labour practice

Subhash Amolakchand Gandhi v. The Superintendent, Mumbai City Survey and Land Records & Ors.

23 Oct 1997 · Sandeep V. Marne
Cites 0 · Cited by 6

The Bombay High Court held that mutation of land records based on a voidable transaction by an administrator without prior court permission can be effected absent any suit setting aside the transaction, and directed mutation and subdivision of the petitioner’s land plots.

property petition_allowed Significant mutation voidable transaction Section 307 Indian Succession Act executor and administrator powers

M/s. Hindustan Level Employees Union v. M/s. Hindustan Unilever Limited

22 Oct 1997 · MILIND N. JADHAV

The Bombay High Court held that a suspended employee's statutory right to subsistence allowance under Section 10(A) of the Industrial Employment (Standing Orders) Act, 1946 cannot be denied solely for failure to mark attendance daily at the factory gate, quashing the Labour Court's award upholding such denial.

labor appeal_allowed Significant subsistence allowance suspension attendance marking Industrial Employment (Standing Orders) Act, 1946

Sanjeev Bhaskar Pathak v. State of Maharashtra & Ors.

26 Aug 1997 · Amit Borkar

The High Court upheld the liability of former cooperative bank officers under Section 88 of the Maharashtra Cooperative Societies Act, 1960, affirming procedural compliance and evidentiary sufficiency in holding them accountable for financial losses caused by misfeasance and breach of trust.

administrative appeal_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 88 misfeasance breach of trust

Sanjeev Bhaskar Pathak v. State of Maharashtra & Ors.

26 Aug 1997 · Amit Borkar, J.
Cites 0 · Cited by 22

The Bombay High Court upheld the liability of former cooperative bank officers under Section 88 of the Maharashtra Cooperative Societies Act for misfeasance causing financial loss, affirming procedural compliance and the definition of 'officer' for personal accountability.

administrative appeal_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 88 misfeasance breach of trust

Laxman Daji Varnekar v. Thaku Govinda Shinde

11 Aug 1997 · SANDEEP V. MARNE

The Bombay High Court held that lawful cultivation and unchallenged mutation entries suffice to confer deemed tenancy under Section 4 of the Maharashtra Tenancy Act, setting aside the Revenue Tribunal's contrary order.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 4 deemed tenant mutation entries lawful cultivation

Meltron Engineering Industries v. Pune Labour Union

09 Aug 1997 · S.C. GUPTE

The Bombay High Court held that bona fide closure of a factory with payment of closure compensation does not amount to retrenchment under Section 25-H, and workmen are not entitled to reinstatement or back wages upon reopening.

labor petition_allowed Significant Industrial Disputes Act, 1947 Section 25-H closure of factory retrenchment

Vijay Shivram Pathare v. City Corporation Limited

31 Jul 1997 · Sandeep V. Marne
Cites 0 · Cited by 10

The Bombay High Court held that disputes between legal heirs over a deceased decree-holder's estate in a partition suit must be decided by the Civil Court which passed the decree, not by revenue authorities executing the decree.

civil petition_dismissed Significant partition suit preliminary decree Section 54 Code of Civil Procedure Section 47 Code of Civil Procedure

Air India Ltd. v. Hemangi Prabhu and Ors.

23 Jun 1997 · Sandeep V. Marne
Cites 0 · Cited by 4

The Bombay High Court set aside the CGIT award granting permanency to employees in Air India Ltd., holding that compassionate appointments were barred by a recruitment freeze and that the respondents were employees of subsidiaries, remanding the claim for permanency in subsidiaries for fresh adjudication.

labor appeal_allowed Significant compassionate appointment permanency employer-employee relationship recruitment freeze

Chetan Kodarlal Vyas v. Union of India

27 Feb 1997 · Dipankar Datta, CJ; Madhav J. Jamdar, J
Cites 0 · Cited by 4

The Bombay High Court dismissed a PIL filed for extraneous purposes that led to illegal demolition of a fishermen community crematorium, ordered its reconstruction, and emphasized adherence to due process and bona fide use of PIL jurisdiction.

administrative appeal_dismissed Significant Public Interest Litigation abuse of process Coastal Regulation Zone Notification natural justice

The Commissioner of Sales Tax, Mumbai v. M/s. Mardia Steel Ltd.

05 Oct 1996 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that revisional powers under Section 57 of the Bombay Sales Tax Act cannot be exercised by officers of coordinate rank and upheld the Tribunal’s rectification of an invalid revisional order.

tax appeal_dismissed Significant Bombay Sales Tax Act, 1959 Section 57 revisional jurisdiction Section 62 rectification delegation of powers

Sharad Nagnath Bubne v. State of Maharashtra

12 Aug 1996 · Nitin Jamdar; M. M. Sathaye
Cites 1 · Cited by 31

The Bombay High Court held that employees of aided Ayurvedic Colleges who took voluntary retirement after qualifying service are entitled to pensionary benefits and quashed the State's arbitrary denial of such benefits.

labor petition_allowed Significant voluntary retirement pensionary benefits gratuity Maharashtra Civil Services (Pension) Rules, 1982

Sandeep Maruti Raskar v. District Magistrate cum District Election Officer and Ors.

20 Dec 1995 · N.J. Jamadar

The court held that deletion of a name from the municipal voters list must be challenged through statutory remedies against the legislative assembly electoral roll deletion, dismissing the writ petition for failure to exhaust such remedies.

administrative petition_dismissed Significant electoral roll deletion of name Representation of the People Act, 1950 Registration of Electors Rules, 1960

J. K. Industries v. Krishna Sahal & Ors.

18 Dec 1995 · K. R. Shriram; Firdosh P. Pooniwalla
Cites 3 · Cited by 0

The Bombay High Court held that under Section 244 of the Income Tax Act, 1961, an assessee is entitled to interest on the refund of interest paid under Section 220(2), including interest on refunded interest for assessment years prior to 1989.

tax petition_allowed Significant Income Tax Act, 1961 Section 244 Section 244A Interest on refund

M/s. Shri Tirthankar Co. v. Adyaprasad Hingoo Mishra & Ors.

13 Oct 1995 · Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court modified the trial court’s decree on adverse possession to reflect actual possession of 38 sq. meters as per a Court Receiver’s report, relying on its appellate powers under Order XLI CPC.

civil appeal_allowed Significant adverse possession possession modification of decree Order XLI Rules 31, 32, 33 CPC

Anand Prabhakar Joshi v. Bank of Maharashtra

14 Sep 1995 · Prithviraj K. Chavan
Cites 0 · Cited by 2

The Bombay High Court dismissed the petitioner’s second review petition as barred by law, upheld the disciplinary findings of unauthorized absence, and imposed exemplary costs for abuse of process.

civil petition_dismissed second review petition Order 47 Rule 9 CPC voluntary retirement unauthorized absence

The Commissioner of Sales Tax, Maharashtra State v. M/s Superphone India Ltd

28 Aug 1995 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that interlocutory part payment orders under the Bombay Sales Tax Act do not attain finality if unchallenged and can be questioned in appeals against summary rejection orders, affirming the appellate authority's power to modify such orders.

tax appeal_allowed Significant part payment order summary rejection second appeal Bombay Sales Tax Act, 1959

M.B.K. Enterprises & Ors. v. Saidpur Jute Co. Ltd & Ors.

19 Aug 1995 · Sandeep V. Marne

The court upheld eviction of tenants for unlawful subletting beyond permitted limits and unauthorized structural alterations, affirming that sub-lessees cannot further sublet without express lease permission under the Bombay Rent Act.

civil appeal_dismissed Significant unlawful subletting Bombay Rent Act lease deed Section 13(1)(e)

Raghu Dasma Ghadaga v. Project Officer, Dapchari Dugdha Prakalpa

04 Aug 1995 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court dismissed the petition seeking permanency benefits for temporary workers at the Dapchari Milk Project, holding that without sanctioned posts and following closure of the relevant project section, no right to permanency arises.

labor petition_dismissed Significant permanency benefits temporary workers Model Standing Orders sanctioned posts

Modern Mumbai Educational Academy v. Mrs. Mangal Pravin P. Kalbhor

18 Jun 1995 · Madhav J. Jamdar

The Bombay High Court upheld the School Tribunal's order setting aside a termination for procedural violations under Rule 36 of MEPS Rules, emphasizing the necessity of fair inquiry and the doctrine of necessity to avoid bias where the President was related to the accused.

administrative appeal_dismissed Significant Maharashtra Employees of Private Schools Rules 1981 Rule 36 inquiry procedure statement of allegations charge-sheet