High Court of Bombay

5,131 judgments

Year:

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 3

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

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 11

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 3

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 2

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 19

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