High Court of Bombay

4,240 judgments

Year:

Nathaji @ Sudhakar Tayaba Katkar v. Shri Vithal Satava Katkar

14 Feb 2025 · GAURI GODSE, J.

The court held that adoption does not divest an adopted son of property rights acquired before adoption from his natural father’s independent income, affirming defendant no.1’s exclusive ownership over the suit property.

civil appeal_dismissed Significant adoption joint family property self-acquired property registered sale deed

Mohammed Ajaan Khan v. The State of Maharashtra & Anr.

13 Feb 2025 · Milind N. Jadhav

The Bombay High Court granted bail to a young accused in a sexual offence case involving a minor, holding that a long-standing consensual relationship without evidence of force is a mitigating factor at the bail stage.

criminal appeal_allowed Significant bail sexual offences minor consent

Mandip Gyan Singh v. The State of Maharashtra and Anr.

13 Feb 2025 · Milind N. Jadhav

The Bombay High Court granted bail to a 25-year-old accused in a sexual offence case involving a 14-year-old prosecutrix, holding that her voluntary elopement and consensual relationship are mitigating factors at the bail stage despite her minor status.

criminal appeal_allowed Significant bail minor consent POCSO Act

Devendra Ramchandra Palsamkar v. Gajanan Raghunath Patkar

13 Feb 2025 · Firdosh P. Pooniwalla

The Bombay High Court upheld a permanent injunction in favor of co-owners restraining unauthorized construction, holding that possession and clear title suffice for injunction without requiring a declaratory suit.

civil appeal_dismissed Significant permanent injunction possession title dispute unauthorized construction

Gunwant Tarachand Jain @ Nikesh Madhani v. The State of Maharashtra

12 Feb 2025 · Dr. Neela Gokhale

The Bombay High Court upheld the legality of the petitioner’s arrest and communication of grounds within four minutes, dismissing the challenge to the Sessions Court order directing his surrender.

criminal petition_dismissed Significant grounds of arrest Article 22(1) Constitution of India Section 47(1) BNSS 2023 fundamental rights

Dr. Kishore Bisure v. The State of Maharashtra and Anr.

12 Feb 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court granted bail to the accused in a PMLA money laundering case, emphasizing the primacy of fundamental rights and the need to relax stringent bail conditions due to prolonged trial delay and lack of direct evidence.

criminal appeal_allowed Significant bail Prevention of Money Laundering Act Section 45 PMLA Article 21 Constitution

Dheeraj Wadhawan v. Directorate of Enforcement

12 Feb 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court granted bail under Section 436-A CrPC to accused in a PMLA case after prolonged pre-trial incarceration exceeding half the maximum sentence, affirming the constitutional right to speedy trial and liberty under Article 21.

criminal appeal_allowed Significant Section 436-A CrPC Prevention of Money Laundering Act Right to speedy trial Article 21 Constitution of India

Dheeraj Wadhawan v. Directorate of Enforcement

12 Feb 2025 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court granted bail under Section 436-A CrPC to accused in a PMLA case after prolonged pre-trial detention exceeding half the maximum sentence, affirming the right to speedy trial under Article 21 despite rigours of PMLA.

criminal appeal_allowed Significant Section 436-A CrPC Pre-trial detention Right to speedy trial Article 21 Constitution of India

Navi Mumbai Merchants Chambers v. Arjun Krishnarao Deshmukh

12 Feb 2025 · Amit Borkar

The Bombay High Court upheld the registration of a cooperative society under MOFA, ruling that only persons with enforceable agreements to sell hold 'taken flats' and that the promoter counts as a single member for registration purposes.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 Section 10 registration promoter definition jus ad rem

Avinash Seshrao Wankhede v. The Nashik Municipal Corporation

12 Feb 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court directed regularization and absorption of long-serving daily wage workers of Nashik Municipal Corporation, overruling refusals based on establishment expenditure and clarifying the scope of Uma Devi judgment in light of recent Supreme Court rulings.

labor appeal_allowed Significant daily wage workers regularization absorption Nashik Municipal Corporation

Avinash Seshrao Wankhede v. The Nashik Municipal Corporation

12 Feb 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court directed regularization and absorption of long-serving daily wage workers of Nashik Municipal Corporation, quashing termination orders and mandating creation of posts by the State Government in line with Supreme Court precedents.

labor appeal_allowed Significant daily wage workers regularization absorption unfair labor practices

Neelkanth Heights Cooperative Housing Societies Association Ltd. v. Abhinav Real Estate Private Limited

12 Feb 2025 · Amit Borkar

The Bombay High Court held that a promoter cannot delay statutory conveyance obligations under MOFA by relying on phased development or contractual clauses, and directed issuance of a certificate of deemed conveyance to the cooperative housing society.

property appeal_allowed Significant Maharashtra Ownership Flats Act deemed conveyance promoter obligation phased development

Lords Inn Hotels and Resorts v. Pushpam Resorts LLP

11 Feb 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that despite ambiguous drafting, an arbitration agreement existed under the Resort Management Agreement by applying the business efficacy test and appointed an arbitrator accordingly.

commercial_arbitration appeal_allowed Significant arbitration agreement business efficacy test Section 7 Arbitration Act implied terms

B. Suguna v. Smt. Bolla Malathi

11 Feb 2025 · A.S. Chandurkar; M.M. Sathaye

The Bombay High Court held that a nomination for GPF does not automatically become invalid upon the subscriber acquiring a family without formal cancellation, entitling the original nominee to the entire fund subject to succession claims.

administrative appeal_allowed Significant General Provident Fund Nomination Cancellation of nomination Rule 5(5)(b)

Ravi Manoj Rai v. Union of India & Anr.

11 Feb 2025 · Milind N. Jadhav
Cites 3 · Cited by 0

The Bombay High Court granted bail to accused Nos. 2 and 4 in a narcotics smuggling case, holding that co-accused statements under Section 67 NDPS Act are inadmissible at bail stage and the prosecution failed to establish a prima facie case against them.

criminal appeal_allowed Significant NDPS Act Section 67 NDPS Section 37 NDPS bail

Shrimati Dr. Gaikwad Rajashri Nitin v. The Deputy Secretary Affiliation Department

10 Feb 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court held that grace marks awarded under university ordinance for securing higher class are valid for eligibility in teacher recruitment and that a government resolution disallowing grace marks cannot be applied retrospectively to deny appointment approval and service continuity.

administrative appeal_allowed Significant Grace marks Ordinance 91 Government Resolution 8.3.2019 Clock Hour Basis appointment

Kalyani Aditya Mineral Limited v. Aditya Birla Group Trading (India) Pvt. Ltd.

10 Feb 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court dismissed challenges to arbitrators under Section 14 of the Arbitration Act, holding that mere perceived associations without legal incapacity do not disqualify an arbitrator and serious misconduct allegations must be raised before the arbitral tribunal.

arbitration appeal_dismissed Significant Section 14 Arbitration and Conciliation Act de jure inability arbitrator challenge Seventh Schedule

Swanubhuti Jeevraj Jain v. State of Maharashtra

10 Feb 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court dismissed a petition seeking caste certificate based on the mother's caste, affirming the presumption of the father's caste unless sole maternal upbringing and deprivation are proven.

constitutional petition_dismissed Significant caste certificate mother's caste presumption of father's caste reservation

The State of Maharashtra v. Pramila Vitthal Kawale

07 Feb 2025 · A. S. Chandurkar; Rajesh S. Patil

The Bombay High Court upheld mid-term police transfers made under Election Commission directives as valid and not temporary deputations limited to the election period, overruling the Tribunal's contrary order.

administrative appeal_allowed Significant transfer orders Election Commission of India Section 22-N Maharashtra Police Act deemed deputation

Swastik Promoters and Developers v. The Competent Authority & Ors.

07 Feb 2025 · Amit Borkar

The Bombay High Court upheld the Competent Authority’s order granting deemed conveyance under MOFA, holding that title disputes lie with civil courts and the Authority’s role is limited to enforcing the promoter’s statutory conveyance obligations.

property petition_dismissed Significant Maharashtra Ownership Flats Act, 1963 Section 11 MOFA deemed conveyance competent authority jurisdiction