High Court of Bombay
4,236 judgments
Shaikh Mohammad Azahar v. Ishwar Pralhad Dham
The Bombay High Court held that Order VII Rule 11 of the CPC applies to revocation proceedings under Section 263 of the Indian Succession Act, allowing courts to reject sham revocation applications at the threshold.
The Hongkong and Shanghai Banking Corporation Ltd v. State of Maharashtra
The Bombay High Court held that the GST Appellate Tribunal has inherent jurisdiction to grant interim relief including stay of recovery, and directed the petitioner to seek such relief before the Tribunal instead of the High Court.
National Commodity Clearing Ltd. v. Dita Comtrade Limited
The Bombay High Court held that failure to comply with a conditional deposit order under Order XXXVII Rule 3(6)(b) CPC entitles the plaintiff to immediate ex-parte decree, precluding the defendant from further contesting the suit.
Cyril Ribeiro v. The State of Maharashtra and Ors.
The court held that a retired government employee against whom an eviction order was passed before 11th June 1996 is not a deemed tenant under the Maharashtra Rent Control Act, 1999, and ordered possession of the requisitioned flat to be handed over to the petitioner.
Vivek Madhavlal Pittie v. State of Maharashtra & Ors.
The Bombay High Court held that termination of a defaulting developer under the Slums Act and appointment of new developers under the Amnesty Scheme does not extinguish the landowner’s rights, and new developers must honor existing contractual obligations or negotiate terms, with notice and hearing to the landowner being mandatory.
Saiyyad Musaddik Vahiduddin Kadri v. The State of Maharashtra
The Bombay High Court acquitted the appellant of murder due to the prosecution's failure to establish a complete chain of circumstantial evidence and prove the identity of the deceased beyond reasonable doubt.
Rupesh Tukaram Kondhalkar v. The State of Maharashtra
The Bombay High Court granted bail to the accused in a POCSO sexual assault case, holding that a positive DNA report is opinion evidence requiring proof at trial and that prolonged pre-trial detention without trial commencement justifies bail despite statutory presumptions.
M/s. Star Time Communication (I) Pvt. Ltd. v. The Commissioner of Income Tax
The Bombay High Court dismissed the appellant's appeal under Section 260A of the Income Tax Act, holding that the infrastructure fee payable was 5% of actual advertising receipts as per the contract, not 5% of gross advertising bills.
Tata Capital Limited v. Vijay Devij Aiya & Anr
The Bombay High Court upheld the validity of an arbitration agreement with a unilateral termination clause and appointed an independent arbitrator, holding that enforcement under SARFAESI Act does not preclude arbitration.
Adesh Shivaji Narke v. Shree Dnyaneshwar Maharaj Sansthan & Ors.
The High Court held that the District Judge as persona designata lacks jurisdiction to amend the trust scheme absent express power, and the petitioner must seek modification under the Bombay Public Trusts Act, 1950.
Umesh Raghunath Bamane v. State of Maharashtra
The Bombay High Court directed retrospective sanction and approval of a part-time librarian post held by a disabled employee since 1999, ordered its upgrade to full-time status, and granted all consequential monetary and pension benefits.
Yogesh Waman Gaikwad v. Indian Oil Corporation Ltd
The Bombay High Court held that a minor inadvertent typographical error in land survey details does not justify rejection of a petrol pump dealership application under IOCL guidelines and quashed the rejection order.
Prithvi Apartments Co-operative Housing Society Limited v. Assistant Commissioner of Income Tax
The Bombay High Court quashed a reopening notice issued after four years under Section 148 of the Income Tax Act for lack of failure to disclose material facts and held that reassessment on issues already examined amounts to impermissible change of opinion.
Dev Marketing v. The Assessment Unit
The Bombay High Court set aside an income tax assessment order for violation of natural justice by not granting a requested personal hearing and remanded the matter for fresh assessment with hearing and draft order.
Sai Kiran Clearing Co. Pvt. Ltd. v. The Deputy Commissioner of Income Tax
The Bombay High Court set aside a reassessment order passed before considering the assessee’s timely response, holding it violated natural justice and remanded the matter for fresh consideration.
Manoj Gopal Mahale; Ratilal Natthu Ahire; Shri Vinod Ramchandra Kokani v. State of Maharashtra
The Bombay High Court held that teachers appointed on the basis of CTET cannot be terminated solely due to cancellation of their earlier TET results in a scam and ordered their reinstatement with back wages.
XYZ v. State of Maharashtra
The Bombay High Court held that a major victim of sexual exploitation cannot be detained in a protective home against her will without material justification, affirming the primacy of fundamental rights over statutory detention under the Immoral Traffic (Prevention) Act, 1956.
Asif Fazal Khan v. The Municipal Corporation of Greater Mumbai & Ors.
The Bombay High Court upheld the constitutional bar on civil suits challenging BMC demolition notices, directed demolition of illegal construction, and censured BMC officers for misconduct.
Snehdeep Krida Mandal v. Maharashtra Housing & Area Development Authority & Ors.
The Bombay High Court quashed unauthorized construction on land reserved as open playground space, directed demolition, censured municipal authorities for dereliction, and upheld statutory bars on civil court jurisdiction over demolition notices.
Madhukar Aawba Hegade v. State of Maharashtra
The Bombay High Court quashed a preventive detention order under the MPDA Act for lack of proper subjective satisfaction and failure to demonstrate ineffectiveness of normal law enforcement.