High Court of Bombay

5,131 judgments

Year:

Veer Tower Co-operative Housing Society Limited v. District Deputy Registrar, Co-operative Societies, Mumbai City (4) & Ors.

18 Feb 2025 · Amit Borkar

The Bombay High Court held that a co-operative housing society is entitled to deemed conveyance under Section 11 of the MOFA Act despite redevelopment delays and incomplete federation formation, directing the Competent Authority to issue conveyance accordingly.

property appeal_allowed Significant deemed conveyance Maharashtra Ownership Flats Act, 1963 Section 11 MOFA redevelopment delay

Farooq Yasin Sayyad Inamdar & Ors. v. State of Maharashtra & Ors.

18 Feb 2025 · Revati Mohite Dere; Dr. Neela Gokhale

The Bombay High Court dismissed a writ petition challenging a Show Cause Notice issued by the Waqf Board CEO, holding that such a challenge is premature absent exceptional circumstances and that an effective alternate remedy exists.

administrative petition_dismissed Show Cause Notice Waqf Act 1995 Article 226 Maintainability of writ petition

Ramesh Bagaram Mankane & Hemant Bagaram Mankame v. Vasant Dattatray Pawar & Ors.

18 Feb 2025 · Gauri Godse

The Bombay High Court dismissed the second appeal upholding that tenancy land transfers require prior statutory sanction and confirmed plaintiffs' possession and title, rejecting defendants' claims based on agreements and possession receipt.

civil appeal_dismissed Significant Bombay Tenancy and Agricultural Lands Act, 1948 Section 43 bar on transfer Section 53A Transfer of Property Act possession receipt

Shri Sanjay Bhavsingh Patil v. The State of Maharashtra

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

The Bombay High Court held that prolonged suspension without timely enquiry is unjustified and ordered reinstatement of an employee facing charges of submitting contradictory medical certificates.

administrative appeal_allowed Significant suspension departmental enquiry medical certificate visual impairment

Ex-LT Col PK Tiwari v. Union of India

17 Feb 2025 · Revati Mohite Dere; Dr. Neela Gokhale

The Bombay High Court upheld the conviction and sentence of an Army officer for aggravated sexual assault under POCSO, affirming the scope of judicial review over court martial proceedings limited to fundamental rights violations and jurisdictional errors.

criminal petition_dismissed Significant court martial judicial review Article 226 Army Act 1950

Ganesh Madhukar Mendarkar v. The State of Maharashtra

14 Feb 2025 · Milind N. Jadhav
Cites 2 · Cited by 0

The Bombay High Court granted bail to an undertrial accused after over nine years of incarceration, emphasizing the constitutional right to speedy trial and the principle that bail is the rule and jail the exception.

criminal appeal_allowed Significant bail long incarceration speedy trial Article 21

Kiran Anna Chavan v. State of Maharashtra

14 Feb 2025 · Sarang V. Kotwal; S. M. Modak

The Bombay High Court set aside a detention order under the Maharashtra Prevention of Dangerous Activities Act, 1981 due to contradictions, unexplained delay, and malafide conduct affecting the detaining authority's subjective satisfaction.

criminal petition_allowed Significant detention order Maharashtra Prevention of Dangerous Activities Act, 1981 habitual offender subjective satisfaction

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