High Court of Bombay

5,061 judgments

Year:
Showing 2022 — 663 judgments found

General Manager Central Railway v. PLR HC RBR JV

16 Mar 2022 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court upheld an arbitral award directing payment for excess work and related claims under a railway contract, rejecting the Railways’ challenge based on contract modification and constitutional grounds.

commercial_arbitration petition_dismissed Significant Arbitration and Conciliation Act, 1996 Section 34 Article 299 Constitution of India General Conditions of Contract

Bharat Bhagwant Tayade v. The State of Maharashtra

15 Mar 2022 · SUNIL B. SHUKRE; G.A. SANAP

The Bombay High Court held that a validity certificate granted to a paternal relative conclusively proves social status, quashed the Scrutiny Committee's invalidation of the petitioner's caste certificate, and directed issuance of a Scheduled Tribe certificate.

administrative petition_allowed Significant Scheduled Tribe Certificate Validity Certificate Quasi Judicial Authority Judicial Discipline

Sankalp Resorts Limited & Ors. v. State of Maharashtra & Ors.

15 Mar 2022 · S. J. Kathawalla; Milind N. Jadhav

The Bombay High Court held that lands declared 'not private forest' by the Collector under the Maharashtra Private Forest (Acquisition) Act, 1975 are not forest land for the purposes of the Forest (Conservation) Act, 1980, and thus do not require Central Government approval for final orders or mutation corrections.

property petition_allowed Significant Maharashtra Private Forest (Acquisition) Act, 1975 Forest (Conservation) Act, 1980 Section 6 dispute private forest

Chandraprabha Babasaheb Tulshiram Tupe and Ors. v. City Corporation Limited

15 Mar 2022 · Sandeep K. Shinde

The Bombay High Court upheld the trial court's injunction restraining defendants from obstructing plaintiffs' possession and development of land under a valid joint development agreement and statutory township notification.

civil appeal_dismissed joint development agreement special township project temporary injunction possession

Solapur District Co-operative Group Secretaries Association v. State of Maharashtra

15 Mar 2022 · Nitin Jamdar; Manjusha Deshpande

The Bombay High Court upheld the State Government's statutory power under Section 79A(2) to modify directions regarding payment of Group Secretaries' salaries, dismissing the petition challenging the 2022 order as a lawful modification of the 2010 directives.

administrative petition_dismissed Significant Maharashtra Co-operative Societies Act, 1960 Section 79A Group Secretaries Co-operative Societies

Surekha Tanaji Naik v. Tajani Balaso Naik

15 Mar 2022 · N.J. Jamadar

The High Court held that a Lok Adalat award is final and binding and cannot be challenged before a civil court, even on grounds of fraud, and the proper remedy is a writ petition under Articles 226/227 of the Constitution.

civil appeal_allowed Significant Lok Adalat Legal Services Authorities Act, 1987 Order XXIII Rule 3 CPC challenge to Lok Adalat award

Century Textiles and Industries Limited v. The Municipal Corporation of Greater Mumbai

14 Mar 2022 · S.J. Kathawalla; B.P. Colabawalla

The Bombay High Court held that upon expiry of a statutory lease under the City of Bombay Improvement Acts, the lessee who complied with scheme conditions is entitled to formal conveyance of land and buildings, and writ jurisdiction is maintainable to enforce this right against the municipal corporation.

civil appeal_allowed Significant Poorer Classes Accommodation Scheme City of Bombay Improvement Act, 1898 City of Bombay Improvement Trust Transfer Act, 1925 lease expiry

M/s Soremartec S. A. v. The State of Maharashtra

14 Mar 2022 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:41233-DB

The Bombay High Court quashed a VAT assessment order for failure to comply with natural justice, statutory limitation, and due process, refusing to remit the matter for fresh assessment due to legal malafides.

tax petition_allowed Significant natural justice MVAT Act assessment order statutory limitation

Jayashree Jaisingh Babar v. Shirish Ramdas Sarode

14 Mar 2022 · Sandeep V. Marne

The Bombay High Court held that a developer cannot maintain a summary suit under Section 6 of the Specific Relief Act against a flat purchaser for recovery of possession on grounds of non-payment, as such disputes require substantive suits, and set aside the Trial Court's decree restoring possession to the developer.

civil appeal_allowed Significant Section 6 Specific Relief Act summary suit restoration of possession developer and flat purchaser dispute

Sandeep @ Jounty Mahadeo Jadhav v. State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court upheld the murder conviction based on reliable oral dying declarations and medical evidence establishing that septicemia causing death was directly due to stab wounds inflicted by the appellants.

criminal appeal_dismissed Significant dying declaration Section 302 IPC murder septicemia

Subhan Usman Shaikh v. The State of Maharashtra

11 Mar 2022 · S. S. Shinde; N. R. Borkar
Cites 1 · Cited by 0

The High Court acquitted the appellant of murder under Section 302 IPC due to contradictions between medical and ocular evidence, unexplained delays, and unreliable witness testimonies, holding that the prosecution failed to prove guilt beyond reasonable doubt.

criminal appeal_allowed Significant Section 302 IPC murder medical evidence eyewitness testimony

Dattatray Shankar Patil v. The State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court upheld the conviction of the appellant for the murder of his wife and son based on strong circumstantial and medical evidence disproving the defense of suicide and alibi.

criminal appeal_dismissed Significant circumstantial evidence homicidal strangulation suicide vs homicide alibi defense

Iqbal Mahiboob Momin v. The State of Maharashtra

11 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court acquitted the appellant of murder charges due to doubts over the reliability of dying declarations and credible defence evidence suggesting the deceased attempted suicide.

criminal appeal_allowed Significant dying declaration Section 302 IPC reasonable doubt burn injuries

Shri Bhagwan Pandurang Khedekar & Ors. v. State of Maharashtra & Ors.

11 Mar 2022 · N.J. Jamadar

The Bombay High Court upheld the discretionary power of the Assistant Charity Commissioner to appoint trustees under a public trust Scheme, dismissing challenges to the validity of trustee nominations and appointment process for lack of jurisdictional error or arbitrariness.

administrative appeal_dismissed Significant Public Trust Assistant Charity Commissioner Trustee Appointment Maharashtra Public Trusts Act, 1950

Miss. Laleh Ardeshir Dubhash & Ors. v. Mr. Swaraj Shrikumar Hate & Ors.

10 Mar 2022 · Sandeep V. Marne
Cites 1 · Cited by 0

The Bombay High Court upheld the amendment of plaint in a 26-year-old rent recovery suit while imposing enhanced costs for delay and multiple amendments, emphasizing that amendments not changing the suit's nature and preventing multiplicity of litigation should be allowed.

civil appeal_dismissed Significant amendment of plaint Order 6 Rule 17 CPC limitation unlawful subletting

Rashtriya Chemicals & Fertilizers Ltd v. Chief Executive Officer, SRA & Ors.

09 Mar 2022 · G. S. Patel; Madhav J Jamdar

The Bombay High Court dismissed RCF's writ petition challenging slum rehabilitation schemes on disputed government land, holding that title disputes are not adjudicable in writ jurisdiction and the land remains vested in the State.

administrative petition_dismissed Maharashtra Slum Areas Act, 1971 Section 3Z-6 exemption slum rehabilitation scheme title dispute

The State of Maharashtra v. Ajay Ratansingh Parmar

09 Mar 2022 · Vinay Joshi
Cites 1 · Cited by 0

The Bombay High Court upheld the acquittal of an Assistant Police Inspector in a bribery case due to invalid sanction by an incompetent authority and material inconsistencies in prosecution evidence.

criminal appeal_dismissed Significant Prevention of Corruption Act sanction to prosecute demand and acceptance of bribe validity of sanction

Asif Nasir Khan v. The State of Maharashtra

09 Mar 2022 · Sadhana S. Jadhav; Sarang V. Kotwal

The Bombay High Court acquitted the appellant of murder charges due to insufficient and unreliable circumstantial evidence, emphasizing that 'last seen together' alone cannot sustain conviction.

criminal appeal_allowed Significant circumstantial evidence last seen together motive recovery

Welfare Association (Registered) v. Municipal Corporation of Greater Mumbai

09 Mar 2022 · SANDEEP K. SHINDE

The Bombay High Court held that municipal licensees have no proprietary rights to prevent eviction for public interest infrastructure projects and upheld the corporation's right to relocate stallholders with alternate sites or compensation.

administrative appeal_dismissed Significant Municipal Corporation stallholders license public interest

Dr. Sonal Pratapsingh Vahanwala v. Deputy District Collector (Encroachment)

08 Mar 2022 · Sunil B. Shukre; G.A. Sanap

The Bombay High Court held that an adopted child is entitled to take the caste of the adoptive mother and directed issuance of caste certificate despite absence of biological father's caste proof.

civil petition_allowed Significant adoption caste certificate Hindu Adoptions and Maintenance Act, 1956 adopted child