High Court of Bombay

5,061 judgments

Year:

Director, Employees' State Insurance Corporation v. M/s. Jolly Steel Industries Pvt. Ltd.

09 Apr 1995 · Jitendra Jain

The Bombay High Court held that under Section 93-A of the ESI Act, a factory owner is not liable for contribution payments for periods after leasing out the factory, dismissing the ESIC's appeal against M/s. Jolly Steel Industries Pvt. Ltd.

administrative appeal_dismissed Employees’ State Insurance Act, 1948 Section 93-A liability for contribution transfer of establishment

Suryakant Tarachand Bhatewara & Ors. v. State of Maharashtra & Ors.

21 Mar 1995 · R.D. Dhanuka; M.M. Sathaye
Cites 0 · Cited by 19

The Bombay High Court upheld the validity of land acquisition awards for the Neera Deodhar Project, directed payment of balance compensation with interest, and ordered initiation of acquisition proceedings for remaining land under the Fair Compensation Act.

property petition_allowed Significant land acquisition compensation Fair Compensation Act 2013 Maharashtra Rehabilitation Act 1986

Rangrao Mahadu Pethkar v. Sadashiv Maruti Vibhute & Ors.

28 Feb 1995 · Sandeep V. Marne

The Bombay High Court upheld the termination of tenancy and restoration of possession to landlords where the tenant defaulted on rent for three years with proper notices under the Maharashtra Tenancy and Agricultural Lands Act, 1948, rejecting the tenant’s claim of deemed purchase and non-service of termination notice.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 14 termination notice Section 25 relief against termination Section 32 deemed purchase

Reliance Industries Limited v. Commissioner of Income-tax Mumbai City-VI

11 Jan 1995 · M. S. Sonak; Jitendra S. Jain
Cites 0 · Cited by 10

The Bombay High Court held that assessment orders passed against non-existent amalgamating companies post-merger are void ab initio and framed a substantial question of law on jurisdiction, permitting additional evidence to determine the Assessing Officer's knowledge of the merger.

tax other Significant assessment order non-existent entity amalgamation jurisdiction

Seal International Limited v. The Board of Trustees of the Port of Bombay

05 Sep 1994 · Jitendra Jain, J.

The Bombay High Court held that admitted documents and their contents under Order XII Rule 2-A CPC are deemed proved without further proof, establishing appellant's ownership and directing refund of illegally auctioned goods' sale proceeds.

civil appeal_allowed Significant Order XII Rule 2 CPC Order XII Rule 2-A CPC admission of documents ownership proof

M/s. Patil Roadlines and Ors. v. Bharat Petroleum Corporation Limited

18 Aug 1994 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 1 · Cited by 0

The Bombay High Court upheld the constitutional validity of reservation and concession provisions for SC/ST and MSE bidders in BPCL's tender, dismissing the petition challenging the same as barred by estoppel and consistent with affirmative action under Article 46.

administrative petition_dismissed Significant reservation Scheduled Castes Scheduled Tribes Micro and Small Enterprises

Tukaram Sadashiv Mane v. The Chairman, The Mumbai Port Trust

03 Aug 1994 · Sandeep V. Marne

The Bombay High Court upheld the fairness of departmental enquiry against a Station Master but substituted his dismissal with compulsory retirement, holding the original punishment disproportionate given mitigating factors.

labor petition_allowed Significant departmental enquiry supervisory failure proportionality of punishment dismissal from service

Clear Media (India) Private Limited v. Deputy Commissioner of Income-tax

28 Feb 1994 · Dhiraj Singh Thakur; Valmiki Sa Menezes

The Bombay High Court held that reopening an income tax assessment without new tangible material, when the issue was considered in the original order, is invalid as it amounts to impermissible change of opinion.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Survival Technologies Pvt. Ltd. v. Union of India

28 Feb 1994 · Dhiraj Singh Thakur; Valmiki Sa Menezes
Cites 0 · Cited by 11

The Bombay High Court held that reopening of income tax assessment beyond four years is impermissible without tangible new material evidencing failure to disclose fully and truly all material facts, and set aside the reopening notice and order in absence of such material.

tax petition_allowed Significant Income Tax Act, 1961 Section 147 Section 148 Reopening of assessment

Tahnee Heights CHS Ltd. v. Income Tax Officer

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court quashed the reopening notice under Section 148 of the Income Tax Act for AY 2013-14, holding that reopening beyond four years requires specific failure to disclose material facts and cannot be based on mere change of opinion.

tax petition_allowed Significant Section 147 Income Tax Act reopening assessment failure to disclose material facts change of opinion

Konark Life Spaces v. Assistant Commissioner of Income-Tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata

The Bombay High Court held that reopening an income tax assessment beyond four years without new material and based on mere change of opinion is invalid, quashing the reassessment notice issued to the petitioner.

tax petition_allowed Significant Section 147 Income Tax Act Section 148 Income Tax Act reopening of assessment change of opinion

Lehman Brothers Investments Pte. Ltd. v. Assistant Commissioner of Income Tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 4 · Cited by 6

The Bombay High Court held that reopening of income tax assessment under Section 148 requires new tangible material and cannot be based on mere change of opinion or retrospective amendments, and shares of private companies do not qualify as securities under Section 112(1)(c)(iii) for A.Y. 2015-16.

tax appeal_allowed Significant Income Tax Act, 1961 Section 148 Reopening of assessment Change of opinion

Jetair Pvt. Ltd. v. Deputy Commissioner of Income-tax

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 2

The Bombay High Court quashed the reassessment notice under Section 148 of the Income Tax Act for lack of new tangible material and held that mere difference in commission rates with related parties does not justify reopening of assessment.

tax appeal_allowed Significant Income Tax Act 1961 Section 147 Section 148 Reassessment

Tata Consultancy Services Ltd. v. Deputy Commissioner of Income-tax Circle-3(4), Mumbai

28 Feb 1994 · Dhiraj Singh Thakur; Kamal Khata
Cites 0 · Cited by 2

The Bombay High Court held that reopening of assessment after four years was invalid as the settlement amount was not a penalty and the petitioner had disclosed all material facts, thus quashing the reopening notice and related order.

tax petition_allowed Significant Income Tax Act 1961 Section 147 Section 148 Reopening of assessment

Somnath Tukaram Kuber v. Meghraj Medeppa Kadadi

27 Jan 1994 · N. J. Jamadar

The High Court dismissed the writ petition upholding eviction on grounds of rent default, unauthorized structural changes, change of user, and nuisance, affirming that a respondent can challenge adverse findings without cross-objections when the decree is in their favour.

civil petition_dismissed Significant forfeiture of tenancy default in payment of rent unauthorized erection of permanent structure change of user

Sanjay Kumar Agarwal v. Union of India

29 Oct 1993 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 42

The Bombay High Court held that 'Castor Oil First Special Grade' is identical to 'Castor Oil Medicinal' for Cash Compensatory Support Scheme benefits despite a change in testing method, allowing the petitioners' refund claim for the disputed period.

administrative petition_allowed Significant Cash Compensatory Support Scheme Castor Oil Medicinal Castor Oil First Special Grade Thin-Layer Chromatographic Test

Bharat Nathalal Kansara v. Praful Nathalal Kansara & Anr.

18 Oct 1993 · S.C. GUPTE

The Court dismissed the Plaintiff's suit for recovery of money and possession, holding that the claim was barred by limitation and that the Plaintiff had only permissive possession surrendered validly without consideration under the 2001 MOU.

civil appeal_dismissed Significant partnership property rights permissive possession memorandum of understanding oral agreement inadmissibility

Ramchandra Sitaram Supanekar and Ors. v. Uttamrao Yashwant Khot and Ors.

07 Oct 1993 · Sandeep V. Marne

The Bombay High Court set aside the MRT's order upholding tenancy rights, holding that the claimant failed to prove tenancy over disputed land due to lack of evidence of rent payment, mutation, and proper cultivation.

property appeal_allowed Significant tenancy rights Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 70(b) land revenue mutation

Pilaji Sursinh Jadhavrao v. Regional Passport Office Pune

25 Aug 1993 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that passport reissuance cannot be granted during pending criminal proceedings without court permission, upholding statutory provisions and dismissing the writ petition.

constitutional petition_dismissed Significant passport reissuance pending criminal proceedings Section 6(2)(f) Passports Act G.S.R. 570(E) notification

G. Premjee Trading Private Limited v. Abdul Kader Haji Noormohammed & Ors.

26 Jun 1993 · N.J. Jamadar

The Bombay High Court held that a sale agreement executed by a mother without legal guardianship under Mohammedan law is void as to minors, denying specific performance and granting refund of earnest money.

civil petition_dismissed Significant specific performance Mohammedan law legal guardian minor's property