High Court of Bombay
5,131 judgments
Alok Knit Exports Limited v. The Deputy Commissioner of Income Tax
The Bombay High Court held that a notice under Section 148 of the Income Tax Act issued to a company that ceased to exist due to merger is invalid and cannot be cured as a clerical error.
Balu Namdevrao Mule v. The General Manager, The BEST Undertaking
The Bombay High Court set aside the dismissal of a bus driver due to procedural irregularities in disciplinary proceedings and remanded the case for fresh enquiry respecting natural justice.
Darshana Anand Damle v. Deputy Commissioner of Income Tax & Ors.
The Bombay High Court quashed the reopening of income tax assessment under Section 148, holding that granting development rights does not amount to transfer of land and reopening based on a mere change of opinion is impermissible.
Axayraj Buildwell Pvt. Ltd. v. State of Maharashtra
The Bombay High Court held that recovery of deficit stamp duty involving dispute over market value must be initiated within ten years under Section 32A, and proceedings under Section 33A beyond this period are barred and invalid.
Rachana Developers v. State of Maharashtra & Ors.
The court held that a promoter cannot retain open-ended discretion to decide the form of flat purchasers' organisation and that a declaration under the Maharashtra Apartment Ownership Act must be executed by all owners to preclude registration of a cooperative society.
Naziya Banu Abdul Hafiz Ansari @ Jabbar Sofi v. State of Maharashtra & Ors.
The Bombay High Court upheld the invalidation of a caste certificate obtained through fraudulent documents, dismissing the petitioner’s writ challenging her disqualification from reserved local body elections.
M/S Sab Developers v. M/S Vijay Enterprises
The High Court held that the arbitration agreement survives termination of the main contract and parties must be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, setting aside the lower court's rejection of the arbitration application.
Kishore Jetha Somai v. Union of India
The Bombay High Court upheld RBI's termination of a candidate appointed under ST reservation whose caste certificate was invalidated, holding that provisional appointments subject to caste verification can be lawfully terminated and writ jurisdiction does not extend to disputed factual issues.
Namrata Tapan Bose v. Sunita Vilas Gaonkar
The Bombay High Court upheld the Petitioners’ right to dissolve the partnership firm under a final arbitral award, ordered court receiver possession, and forensic audit to protect their interests against Respondents’ contumacious conduct.
Nileshkumar Jashvantsinh Parmar & Ors. v. Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha & Ors.
The Bombay High Court held that an amendment application based on a new cause of action arising during trial can be allowed without applying the due diligence test under Order VI Rule 17 CPC and dismissed the petition challenging such amendment.
Rohit Dewan v. Syndicate Bank
The Bombay High Court held that an employee can validly withdraw resignation before it becomes effective upon expiry of the notice period, and directed reinstatement of the petitioner whose resignation withdrawal was unlawfully rejected.
Rajani Dattaram Tanawade & Ors. v. Municipal Corporation of Greater Mumbai & Ors.
The Bombay High Court held that tenants in redevelopment schemes are entitled to full 35% fungible FSI over 300 sq.ft carpet area, directed additional parking allotment, and ordered reconsideration of amenity space reduction.
Kamlakar Motiram Satve and Anr. v. The State of Maharashtra and Ors.
The Bombay High Court condoned developers' delay in completing flats under the Powai Area Development Scheme, recorded compliance with interim orders, lifted restrictions on further development, and disposed of related public interest litigations.
Purple Products Private Limited v. Union of India
The Bombay High Court held that the Customs Authorities have jurisdiction under the Customs Act to adjudicate alleged misrepresentation in imports without first resorting to the treaty-based dispute resolution mechanism under Article 24 of AIFTA, which is not incorporated into Indian law.
Indiabulls Infraestate Ltd. v. Imagine Realty Pvt. Ltd.
The Bombay High Court held it has jurisdiction to extend the arbitral tribunal's mandate under Section 29-A, refused to substitute the arbitrator for alleged delay and bias, and extended the mandate by six months.
Pr Commissioner of Income Tax Central 4 v. Citron Infraprojects Limited
The Bombay High Court upheld the ITAT's quashing of prior approvals under Section 153D of the Income Tax Act due to total non-application of mind, invalidating reassessment proceedings under Section 153A and dismissing the Revenue's appeals.
Vasant Jagjivandas Kotak v. Securities and Exchange Board of India
The Bombay High Court held that while SEBI's views must be considered in compounding offences under Section 24A SEBI Act, the Court must independently exercise jurisdiction and apply Supreme Court guidelines before allowing compounding.
Nitin Rajendra Gupta v. Deputy Collector, Mumbai
The Bombay High Court held that under Section 23(1) of the Senior Citizens Act, the condition of providing basic amenities to a senior citizen need not be expressly stated in a gift deed but can be established by evidence, while also clarifying that the Tribunal erred in ordering possession without considering co-ownership.
Indian Institute of Technology, Bombay v. Tanaji Babaji Lad & Ors.
The Bombay High Court held IIT Bombay liable to pay gratuity to contract laborers engaged through multiple contractors, affirming the Controlling Authority's jurisdiction to determine employer-employee relationship under the Payment of Gratuity Act.
Madhuri Dnyaneshwar Khandeshe v. State of Maharashtra
The court upheld the Education Officer's order applying the 2023 Notification to determine seniority, holding that Suresh's seniority dates from his B.A. degree in 1996 due to retroactive application of amended MEPS Rules.