High Court of Bombay

3,981 judgments

Year:

Kailash Maheshwari v. State of Maharashtra

14 Jul 2025 · Amit Borkar

The Bombay High Court held that disqualification of cooperative society committee members under Section 75(5) requires individual responsibility and judicial exercise of discretion, quashing indiscriminate disqualification orders and remitting for fresh consideration.

administrative other Significant Maharashtra Cooperative Societies Act, 1960 Section 75 disqualification Managing Committee

M/s. Renuka Maternity Child Care and Fertility Clinic v. City and Industrial Development Corporation of Maharashtra Limited & Ors.

12 Jul 2025 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court set aside CIDCO's arbitrary cancellation of a hospital plot tender after State Government approval, directing allotment to the highest bidder partnership firm.

administrative petition_allowed Significant tender cancellation legitimate expectation administrative fairness recording reasons

Larsen And Toubro Limited v. High Parra Construction Pvt Ltd

11 Jul 2025 · Somasekhar Sundaresan

The Bombay High Court dismissed Larsen & Toubro's challenge to an MSME arbitral award for failure to deposit the statutory amount and absence of sufficient cause to condone delay in filing the challenge.

arbitration appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Micro, Small and Medium Enterprises Development Act, 2006 Section 19 MSMED Act Section 34 Arbitration Act

Sadashiv Parbati Rupnawar v. The State of Maharashtra

11 Jul 2025 · S. M. Modak

The High Court acquitted the appellant of charges under Sections 498-A and 306 IPC, holding that the prosecution failed to prove harassment of such a degree or causal link to suicide required for conviction.

criminal appeal_allowed Significant Section 498-A IPC Section 306 IPC abetment of suicide cruelty

Municipal Staff Om Satlaj Co-op Hsg Sty Ltd v. State of Maharashtra

10 Jul 2025 · G.S. Kulkarni; Arif S. Doctor

The Bombay High Court held that a municipal authority cannot insist on an NOC from a terminated and insolvent developer to stall redevelopment projects when a new developer is appointed by the cooperative housing society.

administrative petition_allowed Significant No Objection Certificate Development Agreement Cooperative Housing Society Insolvency Proceedings

Principal Commissioner of Income Tax, Central-2, Mumbai v. Nahar Enterprises

10 Jul 2025 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court upheld the ITAT's ruling excluding flower beds, service areas, window and cupboard projections from built-up area calculations under Section 80IB(10), dismissing the Revenue's appeal and leaving the validity of the search warrant issue undecided.

tax appeal_dismissed Significant Section 80IB(10) deduction built-up area definition flower bed exclusion search warrant validity

Suraj Anand Shukla v. The State of Maharashtra

10 Jul 2025 · S.M. Modak

The Bombay High Court set aside the conviction under Section 385 BNSS for contempt due to procedural irregularity, holding that the learned Judge must refer the matter to the jurisdictional Magistrate as per Section 391 BNSS.

criminal appeal_allowed Significant contempt of court Section 385 BNSS Section 391 BNSS jurisdiction

Supriya Raju Mehta v. National Highway Authority of India

10 Jul 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that NHAI cannot be treated as a third party to condone a two-year delay in challenging a statutory arbitral award under the National Highways Act, affirming the strict limitation period under Section 34 of the Arbitration Act.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 limitation National Highways Act, 1956 statutory arbitration

Ganesh Dnyandeo Rokade & Ors. v. The Principal Secretary

10 Jul 2025 · Ravindra V. Ghuge; Gautam A. Ankhand

Employees appointed on compassionate grounds after 1st November 2005 but included in the selection list before that date are entitled to the Old Pension Scheme as per the Government Resolution dated 1st October 2024.

administrative petition_allowed Significant Old Pension Scheme New Defined Contributory Pension Scheme compassionate appointment Government Resolution

Sunita Gorakhnath Deshmukh v. State of Maharashtra

10 Jul 2025 · Ravindra V. Ghuge; Gautam A. Ankhand

The Bombay High Court held that overage objections raised belatedly after long service and retirement cannot be sustained, directing regularization and payment of benefits to employees similarly situated to others whose overage was condoned.

administrative petition_allowed Significant overage objection regularization grant-in-aid colleges 7th Pay Commission

Tukaram Moraba Jaunjal and Ors. v. Mangala Balkrishna Patwardhan and Ors.

10 Jul 2025 · N. J. Jamadar

The Bombay High Court dismissed the writ petition challenging eviction on ground of continuous non-user without reasonable cause, upholding concurrent factual findings and limiting interference under Article 227.

civil petition_dismissed Significant eviction non-user continuous period reasonable cause

Baban Sadashiv Sasar and Ors. v. Nivrutti Sabaji Sasar & Ors.

10 Jul 2025 · M. M. Sathaye

The Bombay High Court dismissed the second appeals holding that the suit for partition challenging old registered sale and gift deeds was barred by limitation and the properties sold to third parties ceased to be joint family property.

civil appeal_dismissed Significant partition suit limitation registered sale deed gift deed

M/s. Poonawalla Estate Stud & Agricultural Farm v. Commissioner of Income Tax

09 Jul 2025 · Alok Aradhe, CJ; Sandeep V. Marne, J.
Cites 1 · Cited by 0

The Bombay High Court held that insurance claims received for death of horses treated as capital assets cannot be taxed as profits under Section 41(1) but only as capital receipts under Section 45 of the Income Tax Act, 1961.

tax appeal_allowed Significant Income Tax Act, 1961 Section 41(1) Section 45 capital assets

Aniket Mahendra Mandhare & Ors. v. Sukhdev Dattatray Waje & Ors.

09 Jul 2025 · M. M. Sathaye

The Bombay High Court held that a plaint cannot be rejected entirely under Order VII Rule 11 CPC if any relief claimed is maintainable, remanding the suit for trial on merits including alternative claims and limitation issues.

civil appeal_allowed Significant Order VII Rule 11 CPC specific performance limitation cause of action

Rajendra Shankar Raut v. The State of Maharashtra

09 Jul 2025 · Sarang V. Kotwal; Shyam C. Chandak

The Bombay High Court upheld the murder conviction of Accused No.1 with modified sentencing but acquitted Accused No.2 due to insufficient evidence, emphasizing the prosecution's burden to prove guilt beyond reasonable doubt and the necessity of proper examination under Section 313 CrPC.

criminal appeal_allowed Significant murder circumstantial evidence self-inflicted injuries Section 302 IPC

Rawman Metal & Alloys v. The Deputy Commissioner of State Tax, Thane

09 Jul 2025 · M.S. Sonak; Advait M. Sethna

The Bombay High Court held that Rule 86-A CGST Rules permits blocking of Input Tax Credit only if credit is available in the Electronic Credit Ledger at the time of the order, rejecting the concept of blocking future or nil credits.

tax appeal_allowed Significant Input Tax Credit Rule 86-A Central Goods and Services Tax Rules, 2017 Electronic Credit Ledger

Aditya Vishvanath Golwad v. The State of Maharashtra

09 Jul 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court quashed the rejection of a Scheduled Tribe certificate claim due to manipulated genealogical evidence and directed a fresh detailed inquiry into the petitioner’s and his father’s claims.

administrative appeal_allowed Significant Scheduled Tribe Certificate genealogy validity certificate manipulation

Aditya Birla Housing Finance Limited v. M/s. Rise Projects Pvt. Ltd.

08 Jul 2025 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court dismissed the Lender’s application for arbitration reference due to lack of territorial jurisdiction, holding that the cause of action and arbitration seat must have a real nexus with the Court’s territory.

civil appeal_dismissed Significant territorial jurisdiction arbitration agreement seat of arbitration cause of action

Nagani Akram Mohammad Shafi v. The Union of India & The State of Maharashtra

08 Jul 2025 · Amit Borkar, J.

The Bombay High Court held that offences under the Bharatiya Nyaya Sanhita, 2023 correspond to scheduled offences under the PMLA despite the repeal of the IPC, applying Section 8(1) of the General Clauses Act, and invalidated the executive notification attempting to substitute statutory references without legislative sanction.

criminal petition_dismissed Significant Prevention of Money Laundering Act, 2002 Bharatiya Nyaya Sanhita, 2023 Indian Penal Code, 1860 General Clauses Act, 1897 Section 8(1)

Dattatray Laxman Desai v. Deputy Collector and Competent Authority

08 Jul 2025 · Ravindra V. Ghuge; Sandeep V. Marne; M.M. Sathaye

The Bombay High Court held that the Supreme Court's Shantistar Builders judgment and related government resolution apply prospectively, denying retrospective benefit to schemes sanctioned before 31 January 1990.

property other Significant Urban Land Ceiling and Regulation Act, 1976 Shantistar Builders judgment Government Resolution 15/10/1997 prospective application