High Court of Bombay

5,131 judgments

Year:

M/s. Wrangle Investment Limited v. M/s. Mahendra Builders

05 Oct 1983 · Rajesh S. Patil
Cites 1 · Cited by 0

The Bombay High Court upheld the amendment allowing substitution of the plaintiff from a deceased sole proprietor to the partnership firm in an eviction suit, holding that correction of misdescription is permissible despite abatement and limitation objections.

civil petition_dismissed Significant amendment of plaint misdescription of plaintiff Order 1 Rule 10 CPC partnership firm dissolution

Gorakh Rambhau Chothve v. Vilas Eknath Kadam

14 Jul 1983 · Sandeep V. Marne

The Bombay High Court upheld eviction under Section 12(3)(a) of the Bombay Rent Act, holding that valid service of notice at tenant's actual residence and monthly quantification of education cess justified eviction for rent arrears exceeding six months.

civil petition_dismissed Significant Bombay Rent Act Section 12(3)(a) demand notice service education cess

Metal Rolling Works Ltd. v. Haresh Kapadia and Ors.

21 Apr 1983 · N.J. Jamadar

The Bombay High Court condoned a 1503-day delay and restored a suit dismissed for want of prosecution due to the ill-health default of the Plaintiff's Advocate, emphasizing that parties should not suffer for their counsel's default when sufficient cause is shown.

civil appeal_allowed Significant condonation of delay dismissal for want of prosecution default of advocate restoration of suit

Rajendra Pawar and Ors. v. State of Maharashtra and Ors.

17 Feb 1983 · Ravindra V. Ghuge; Ashwin D. Bhobe
Cites 1 · Cited by 1

The Bombay High Court held that a reduction in retirement age fixed at appointment cannot be applied retrospectively to employees, protecting their vested right to retire at the originally fixed age.

labor appeal_allowed Significant age of retirement superannuation retrospective amendment vested rights

Shri Tanaji Shankar Anuse v. Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh Shala

31 Jan 1983 · G. S. Kulkarni
Cites 3 · Cited by 0

The Bombay High Court quashed a Labour Court order upholding a disciplinary enquiry and termination, holding that failure to issue a clear chargesheet and denial of cross-examination violated natural justice principles.

labor petition_allowed Significant disciplinary enquiry natural justice chargesheet cross-examination

Myra Philomena Collaco v. Lilian Coelho

07 Jul 1982 · M.S. Sonak; Advait M. Sethna

The Bombay High Court upheld refusal to grant Letters of Administration with a Will due to unexplained suspicious circumstances and the propounder's failure to dispel doubts by personal testimony.

civil appeal_dismissed Significant Will execution Letters of Administration Suspicious circumstances Indian Succession Act

Ashok Shantinath Chougule v. The State of Maharashtra

13 Apr 1982 · G. S. Kulkarni; Somasekhar Sundaresan
Cites 0 · Cited by 6

The Bombay High Court held that physical possession is essential for vesting land under the Land Acquisition Act, 1894, and quashed the acquisition of petitioner’s land where possession was never taken and slab was wrongly applied including mortgaged land.

property appeal_allowed Significant Land Acquisition Act, 1894 Section 48(1) Physical possession Panchanama

Sudhir Kumar Sengupta v. Kusum Pandurang Keni

22 Mar 1982 · Sandeep V. Marne

The Bombay High Court upheld eviction under Section 12(3)(a) of the Bombay Rent Act where tenant failed to pay rent arrears exceeding six months within statutory notice period, rejecting tenant's plea of readiness to pay thereafter.

civil petition_dismissed Significant Bombay Rent Act Section 12(3)(a) eviction arrears of rent

M/S. Kumar Beharay Properties LLP v. Shri Rajesh Chandrakant Shinde

15 Jan 1982 · Sandeep V. Marne

The Bombay High Court set aside the trial court's order and rejected the plaint under Order VII Rule 11 CPC as the suit for specific performance was barred by limitation and constituted vexatious litigation.

civil appeal_allowed Significant Order VII Rule 11 CPC limitation specific performance registered sale deed

Ashok Ratnapal Narwade v. Maharashtra State Electricity Distribution Co. Ltd.

14 Oct 1981 · S.V. Gangapurwala; Sandeep V. Marne
Cites 0 · Cited by 5

The Bombay High Court held that upgraded ACR gradings must be considered for retrospective promotion despite departmental circulars to the contrary, allowing the petitioner’s promotion with retrospective effect.

labor petition_allowed Significant Annual Confidential Report Promotion Retrospective promotion Administrative Circular No.310

Narayan Damodar Thakur & Ors. v. Madanlal Mohanlal Malpani

13 Apr 1981 · Sandeep V. Marne
Cites 1 · Cited by 0

The Court upheld eviction of a tenant for breach of tenancy by subletting commercial premises to an independent tenant and ceasing business use, affirming that subletting can be inferred without exclusive possession if control and use by a third party is established.

civil petition_dismissed Significant commercial tenancy subletting change of user godown use

Sachin Kumar v. Union of India

02 Apr 1981 · S. V. Gangapurwala, ACJ; Sandeep V. Marne, J.
Cites 2 · Cited by 0

The Bombay High Court set aside the dismissal of an RPF constable without departmental enquiry, holding that the reasons for dispensing with enquiry were speculative and insufficient, and directed reinstatement with liberty to hold enquiry.

service_law appeal_allowed Significant Article 311 Departmental enquiry Dismissal without enquiry Railway Protection Force Rules

Ramakant Ganesh Naik v. Shankar Shantaram Naik

31 Jul 1980 · Sandeep V. Marne

The High Court held that a 32M certificate under the Maharashtra Tenancy Act is conclusive of purchase by the named tenant but does not exclude other heirs' rights to claim shares, and Civil Courts have jurisdiction to decide such partition disputes.

property appeal_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1956 Section 32G Section 32M certificate of purchase

Wasim @ Mukri A.Salar v. The Commissioner of Police Solapur

16 Jun 1980 · S. S. Shinde; M. S. Karnik

The Bombay High Court quashed a detention order under the MPDA Act due to unreasonable delay by the State in deciding the detainee's representation, violating Article 22(5) rights.

constitutional petition_allowed Significant Article 22(5) Constitution of India detention order Maharashtra Prevention of Dangerous Activities Act delay in representation

Mistry Park CHS Ltd. v. Dr. Bharat Prem Shivdasani & Ors.

05 Mar 1980 · Sandeep V. Marne

The Bombay High Court held that the Registrar lacks jurisdiction to order refund of past non-occupancy charges and such disputes must be pursued before the Co-operative Court under the Act’s dispute resolution provisions.

civil petition_allowed Significant Maharashtra Co-operative Societies Act, 1960 non-occupancy charges Registrar jurisdiction Section 154B-27

Sudarshan Chemical Industries Ltd v. State of Maharashtra

29 Feb 1980 · G. S. Kulkarni; Advait M. Sethna
Cites 0 · Cited by 9

The Bombay High Court dismissed the writ petition seeking refund of premium paid under Government Resolutions after the petitioner accepted the premium demand, transferred the land, and was estopped from challenging the demand based on a subsequent judicial decision.

administrative petition_dismissed Significant Urban Land Ceiling Act Section 20 exemption Government Resolution 2019 premium refund claim

Bajaj Auto Limited v. Dy. Commissioner of Income Tax

05 Jan 1980 · Alok Aradhe, CJ; Sandeep V. Marne, J
Cites 1 · Cited by 1

The Bombay High Court held that sales tax incentives granted under Maharashtra State schemes to promote setting up of new industrial units are capital receipts exempt from income tax, applying the purpose test irrespective of the payment mechanism.

tax appeal_allowed Significant sales tax incentive capital receipt revenue receipt purpose test

Ashok Sitaram Sonawane v. Percy Burjor Sarkari

02 Jul 1979 · N. J. Jamadar

The High Court dismissed the petitioners' challenge to execution orders, holding that an unregistered deed denied execution by the Registrar does not confer title, and execution courts must adjudicate title disputes under Order XXI CPC.

civil petition_dismissed Significant Order XXI Rule 97 CPC Order XXI Rule 101 CPC Execution proceedings Obstructionist notice

Ashok Mohanshankar Vernekar v. Shantaram M. Bhat

04 Dec 1978 · Sandeep V. Marne

The Bombay High Court held that a long-accepted contractual rent for commercial premises cannot be arbitrarily reduced under the Bombay Rent Act, setting aside the revision court's order lowering the rent.

property appeal_allowed Significant standard rent Bombay Rent Act lease agreement rent fixation

Shri Prakash Atmaram Atre v. The Deccan Merchants Co-op. Bank Ltd.

01 Nov 1978 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that a Managing Director with a conflict of interest has no right to vote on his termination resolution, and the Board meeting and termination were valid, dismissing the appeal against the dismissal of the writ petition.

civil appeal_dismissed Significant Managing Director termination Co-operative Bank Board of Directors meeting ex officio member voting rights