High Court of Bombay

4,043 judgments

Year:

Kiran Ramesh Shinde v. State of Maharashtra

20 Jun 2025 · A. S. Gadkari; Kamal Khata
Cites 1 · Cited by 0

The Bombay High Court upheld routine administrative transfers of judicial employees before completion of tenure, rejecting claims of illegality and punitive motive, and affirmed the distinct transfer rules applicable to judicial service.

administrative petition_dismissed Significant administrative transfer judicial employees Transfer Act 2005 Government Resolution

Sujal Mangala Birwadkar v. The State of Maharashtra

20 Jun 2025 · Revati Mohite Dere; Dr. Neela Gokhale

The Bombay High Court held that a petitioner born to an upper caste father and Scheduled Caste mother must prove social and educational disadvantages due to the mother's caste to claim Scheduled Caste status, and dismissed the petition for lack of such evidence.

constitutional petition_dismissed Significant Scheduled Caste status caste certificate inter-caste parentage social disadvantage

Ashish Balaji Sawant v. Jalindar Tukaram Khaire & Ors.

20 Jun 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court dismissed the petition challenging invalidation of a caste certificate obtained by forged documents, holding that fraudulent claims undermine constitutional affirmative action and warrant dismissal with exemplary costs.

constitutional petition_dismissed Significant caste certificate fraud Article 226 District Caste Scrutiny Committee

Avinash Dominic Ghosal v. State of Maharashtra & Ors.

20 Jun 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that unauthorized constructions without prior permission under the MRTP Act cannot be regularized post facto and directed demolition and prosecution of illegal structures, emphasizing strict enforcement of planning laws.

property petition_allowed Significant illegal construction Maharashtra Regional and Town Planning Act, 1966 Section 53(2) post facto regularization

NGO Alliance for Governance and Renewal v. State of Maharashtra & Ors.

19 Jun 2025 · AMIT BORKAR; SOMASEKHAR SUNDARESAN

The Bombay High Court struck down Regulation 17(3)(D)(2) of DCPR 2034 permitting slum rehabilitation on reserved public open spaces as unconstitutional, emphasizing the State's duty to preserve open spaces under Articles 14 and 21 and the public trust doctrine.

constitutional petition_allowed Significant public open spaces slum rehabilitation Development Control and Promotion Regulations 2034 Article 21

Ramchandra @ Ram Mewalal Yadav v. The State of Maharashtra

19 Jun 2025 · Sarang V. Kotwal; Shyam C. Chandak

The Bombay High Court upheld the conviction and life sentences of three accused for murder based on credible eyewitness and dying declaration evidence corroborated by medical and forensic findings despite minor contradictions and procedural delays.

criminal appeal_dismissed Significant dying declaration eyewitness testimony Section 302 IPC life imprisonment

Mangal Credit And Fincorp Limited v. GBL Chemical Limited & Ors

18 Jun 2025 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court held that allegations of fraud do not preclude arbitration at the Section 11 stage and appointed an arbitrator, leaving the question of arbitrability of fraud to the arbitral tribunal.

commercial_arbitration appeal_allowed Significant Section 11 Arbitration and Conciliation Act arbitrability of fraud jurisdiction of Section 11 Court fraud allegations

Samruddhi Industries Ltd. v. Kotak Mahindra Bank Limited

18 Jun 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that an arbitration clause limited to disputes below the DRT's pecuniary jurisdiction does not cover a borrower's claim challenging penal interest charges exceeding that limit, and thus refused to appoint an arbitrator.

civil appeal_dismissed Significant arbitration agreement pecuniary jurisdiction Debt Recovery Tribunal Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Nishit Patel v. State of Maharashtra

18 Jun 2025 · Revati Mohite Dere; Dr. Neela Gokhale
Cites 2 · Cited by 0

The Bombay High Court quashed the FIR and charge-sheet against the petitioner for abetment of suicide, holding that mere financial transactions without proximate instigation do not constitute an offence under Section 306 IPC.

criminal petition_allowed Significant abetment of suicide Section 306 IPC quashing of FIR Section 482 CrPC

M B Sugars & Pharmaceuticals Private Limited v. Micro Small Enterprises Facilitation Council

18 Jun 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that failure of the MSME Facilitation Council to initiate conciliation or appoint an arbitrator empowers the Court under Section 11(6) of the Arbitration Act to directly appoint an arbitrator to resolve the dispute.

arbitration appeal_allowed Significant Section 11 Arbitration Act Section 18 MSME Act arbitration agreement appointment of arbitrator

Shachindra Kamala Prasad Shukla v. Priya Shachindra Shukla

18 Jun 2025 · Manjusha Deshpande

The Bombay High Court upheld the Family Court’s interim maintenance order of Rs.15,000 per month to the wife, emphasizing full income disclosure and the wife’s entitlement despite her employment.

family petition_dismissed Significant interim maintenance Hindu Marriage Act income disclosure standard of living

Feroz Talukdar Khan v. The Municipal Commissioner Thane

18 Jun 2025 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court held that unauthorized constructions without municipal approval cannot be regularized and must be demolished, rejecting pleas for regularization and emphasizing strict enforcement of municipal laws.

administrative petition_dismissed Significant unauthorized construction illegal building demolition regularization

Board of Control for Cricket in India v. Kochi Cricket Private Limited

17 Jun 2025 · R. I. Chagla
Cites 3 · Cited by 0

The Bombay High Court allowed BCCI's challenge to arbitral awards in IPL franchise disputes, holding that the awards were patently illegal and contrary to contract terms, and emphasized strict compliance with contractual obligations and arbitration procedures.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 34 Franchise Agreement Bank Guarantee

M/s. Bob Capital Markets Ltd. v. The State of Maharashtra & Anr.

17 Jun 2025 · Madhav J. Jamdar

The High Court held that providing free dining facilities and self-service vending machines for employees without any commercial trade does not attract licensing requirements under Section 394 of the MMC Act and quashed the criminal process issued against the applicant.

criminal appeal_allowed Significant Section 394 Mumbai Municipal Corporation Act trade definition eating house license requirement

Jyoti C. Raheja and others v. Aasia Properties Development Ltd. and others

16 Jun 2025 · Manish Pitale

The High Court upheld the CLB's findings on shareholding date and pre-emption rights, set aside equitable relief for board nomination, and clarified the scope of jurisdiction under Sections 397 and 402 of the Companies Act, 1956.

corporate appeal_allowed Significant Companies Act 1956 Section 397 Section 402 oppression and mismanagement

Jyoti C. Raheja and others v. Aasia Properties Development Ltd. and others

16 Jun 2025 · Manish Pitale

The Bombay High Court upheld the CLB's findings on shareholding dates and right of pre-emption, rejected claims of record manipulation and oppression, and set aside the CLB's order allowing Aasia Properties to nominate a director, emphasizing strict statutory interpretation and jurisdictional limits.

corporate appeal_allowed Significant Companies Act 1956 Section 397 Section 402 share transfer

Sundyne Pumps and Compressors India Pvt Ltd v. The Union of India

16 Jun 2025 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court held that supplies by an Indian company to its foreign group companies qualify as export of services under GST and the petitioner is entitled to refund of unutilized ITC, rejecting the department's agency-based denial.

tax appeal_allowed Significant Input Tax Credit Zero Rated Supplies Export of Services Agency Relationship

Abhay Damodar Kanhere v. Morya Infraconstruct Pvt. Ltd

16 Jun 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that disputes under a sale agreement containing an arbitration clause are arbitrable despite RERA jurisdiction, and jurisdictional issues must be decided by the arbitral tribunal, not at the Section 11 stage.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 11 Section 16 Real Estate (Regulation and Development) Act, 2016

Sashidhar Jagdishan v. State of Maharashtra

16 Jun 2025 · S. M. Modak
Cites 4 · Cited by 0

The Bombay High Court held that under Section 223 of B.N.S.S., notice to the accused must be issued only after recording verification of the complainant and witnesses, quashing the Magistrate's premature notice issuance.

criminal petition_allowed Significant Section 223 B.N.S.S. taking cognizance verification statement notice to accused

M/s Global Impex v. M/s Sipping Tea Cinemas LLP

15 Jun 2025 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court granted interim injunctions under Section 9 of the Arbitration Act to protect the petitioner’s assigned rights in the movie Charak pending arbitration, holding the Agreement to be a present assignment and the petitioner ready to perform.

commercial_arbitration petition_allowed Significant Section 9 Arbitration and Conciliation Act assignment of rights escrow account interim injunction