High Court of Bombay

4,240 judgments

Year:

Amit Prakash Jori v. The State of Maharashtra

04 Feb 2025 · Amit Borkar

The Bombay High Court held that the District Magistrate’s power to take possession under the Maharashtra Cooperative Societies Act is purely executionary, requiring no hearing or reasoned order, and dismissed the writ petition challenging the possession order.

administrative petition_dismissed Significant Maharashtra Cooperative Societies Act, 1960 Section 156 Rule 107(11)(d-1)(vi) Special Recovery Officer

Indradas Kacharu Gaikar v. Kalyan Dombivali Municipal Corporation & Ors.

04 Feb 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court upheld the demolition order against an unauthorized structure despite various NOCs, emphasizing that only competent authority permissions legalize construction and unauthorized buildings are liable to be demolished.

administrative appeal_dismissed Significant unauthorized construction No Objection Certificate demolition notice Maharashtra Municipal Corporation Act

Suraj Satish Chavan v. Directorate of Enforcement & Anr.

04 Feb 2025 · Milind N. Jadhav

The Bombay High Court granted bail to the applicant in a PMLA case due to prolonged pre-trial incarceration and non-commencement of the predicate offence trial, emphasizing the right to personal liberty and speedy trial under Article 21.

criminal appeal_allowed Significant Prevention of Money Laundering Act Section 45 PMLA bail right to speedy trial

M/s. Bikaner Sweets & Namkin NX-2 v. Area Manager

03 Feb 2025 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that MIDC cannot stall execution of lease agreements and possession of allotted land based on an unprocessed government instruction, directing MIDC to proceed with the allotments as per statutory obligations.

administrative appeal_allowed Significant Maharashtra Industrial Development Corporation Section 18 MIDC Act policy direction writ petition

Raj Realtors v. The State of Maharashtra

03 Feb 2025 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that development permissions granted prior to the Draft Regional Plan publication and UDCPR enforcement entitle the petitioner to an Occupation Certificate, directing its issuance despite regulatory doubts.

administrative petition_allowed Significant Occupation Certificate Maharashtra Regional Town Planning Act Unified Development Control and Promotional Regulations Draft Regional Plan

Siddhilaxmi Enclave Pvt. Ltd. v. State of Maharashtra

03 Feb 2025 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that a purported State Government instruction not issued as a valid policy direction under Section 18 of the MIDC Act cannot justify MIDC's refusal to execute lease agreements and hand over possession of allotted land, and directed MIDC to proceed accordingly.

administrative appeal_allowed Significant Maharashtra Industrial Development Corporation Section 18 MIDC Act policy direction writ petition

Shri Shankar Newandram Budhwani v. The Chief Officer, Vita Municipal Council

03 Feb 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure to take effective acquisition steps within the statutory period under Section 127 of the MRTP Act results in lapse of land reservation, allowing the petitioner to develop the property.

property petition_allowed Significant Maharashtra Regional Town Planning Act, 1966 Section 127 reservation lapse land acquisition

Harshi Ramjiyani v. The State of Maharashtra

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

The Bombay High Court upheld the cancellation of a student's admission based on failure to meet the minimum IB Diploma score requirement despite provisional eligibility granted on predicted grades.

education petition_dismissed Significant provisional eligibility International Baccalaureate predicted grades minimum eligibility criteria

Tejas Shamsunder Shinde v. The State of Maharashtra

03 Feb 2025 · Milind N. Jadhav

The Bombay High Court granted bail to a 20-year-old accused of murdering his father, emphasizing the offender's youth, provocation, and right to continue education under the Probation of Offenders Act.

criminal appeal_allowed Significant bail Section 302 IPC Probation of Offenders Act young offender

Vijay Sharma v. Vivek Makhija

01 Feb 2025 · SOMASEKHAR SUNDARESAN, J.

The Bombay High Court allowed the Section 11 application appointing an arbitrator, holding that stamp duty adequacy issues are for the arbitral tribunal and prior procedural orders do not bar fresh arbitration applications.

civil appeal_allowed Significant Section 11 Arbitration and Conciliation Act stamp duty adjudication clean hands doctrine arbitration agreement

Ram Kishor Arora; Mohit Arora; Sangita Arora v. ICICI Bank; Reserve Bank of India; Supertech Township Projects Ltd

31 Jan 2025 · Revati Mohite Dere; Dr. Neela Gokhale

The Bombay High Court dismissed the writ petition challenging ICICI Bank's fraud classification order for lack of jurisdiction, holding that the Delhi High Court is the appropriate forum and that filing in Bombay amounts to forum shopping.

civil petition_dismissed Significant jurisdiction forum conveniens writ petition fraud classification

Shri. Vitthal Laxman Patil v. Kores (India) Ltd. & Ors.

31 Jan 2025 · Madhav J. Jamdar

The Bombay High Court held that a promoter cannot construct an additional building on the recreational ground shown in the sanctioned layout plan without the prior consent of flat purchasers, affirming the promoter's duty of disclosure and adherence to MOFA provisions.

civil appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 promoter disclosure recreational ground flat purchasers consent

Shri Prashant s/o Subhash Bedse v. The State of Maharashtra

31 Jan 2025 · A.S. Chandurkar; M.M. Sathaye

The Bombay High Court quashed the belated suspension of a Tahsildar lacking material justification and directed reconsideration of the challenged transfer order by the Administrative Tribunal.

administrative appeal_allowed Significant suspension of government servant departmental enquiry transfer of government employee Maharashtra Government Servants Regulation of Transfers Act 2005

Brijesh Kumar Srivastava & Ors. v. The Union of India & Ors.

31 Jan 2025 · A. S. Chandurkar; M. M. Sathaye

The Bombay High Court allowed the writ petition to condone delay in filing an application for interest on delayed payments to Naval Dockyard employees, emphasizing that plausible explanations for delay must be liberally considered.

administrative appeal_allowed Significant condonation of delay Central Administrative Tribunal interest on delayed payment equitable treatment

Vicky Bharat Kalyani v. The State of Maharashtra & Anr.

31 Jan 2025 · Sarang V. Kotwal; S. M. Modak

The Bombay High Court referred to a Larger Bench the interpretation of Sections 50, 41, and 41A Cr.P.C. concerning procedural safeguards during arrest, emphasizing the need for uniformity and protection of fundamental rights.

criminal other Significant Section 50 Cr.P.C. grounds of arrest Section 41 Cr.P.C. Section 41A Cr.P.C.

Avinash Ajay Benewal v. The State of Maharashtra

31 Jan 2025 · Milind N. Jadhav

The Bombay High Court granted bail to an 18-year-old accused in a robbery case, emphasizing rehabilitation and education continuity under the Probation of Offenders Act.

criminal appeal_allowed Significant bail young offender Probation of Offenders Act education disruption

M/s. Atria Constructions v. The Municipal Commis, Pune

31 Jan 2025 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court quashed a municipal stop work notice issued without jurisdiction and natural justice, holding that construction under valid environmental clearance cannot be deemed illegal merely due to pending revised clearance applications, and directed issuance of occupancy certificate pending arbitration of private disputes.

administrative appeal_allowed Significant Environmental Clearance Stop Work Notice Maharashtra Municipal Corporation Act Natural Justice

Bhalchandra Haribhau Tingre v. Chairman/Secretary, Kumar City Residence Coop Housing Society Limited

30 Jan 2025 · Amit Borkar

The Bombay High Court upheld a deemed conveyance order under MOFA, ruling that procedural defects from initiating proceedings against a deceased person are curable by subsequent estate representation and that the Competent Authority lacks jurisdiction to adjudicate title disputes or operate as a civil court for res judicata purposes.

property appeal_dismissed Significant deemed conveyance Maharashtra Ownership Flats Act legal representatives nullity

Vivek Babu Patil v. The State of Maharashtra

30 Jan 2025 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court held that a disabled employee is entitled to regularization and promotion with arrears in a government-aided college, directing accommodation in aided posts by dislodging incumbents or creating supernumerary posts, quashing contradictory administrative orders.

administrative petition_allowed Significant persons with disabilities reservation government aided posts promotion

Suhas B. Marathe v. Balwant Mahadeo Joglekar

30 Jan 2025 · Madhav J. Jamdar
Cites 2 · Cited by 0

The Bombay High Court held that while a tenant can recover full repair expenses from a negligent landlord, recovery in any year is limited to one-fourth of the yearly rent under Section 23 of the Bombay Rent Act, and upheld the decree accordingly.

civil appeal_dismissed Significant Section 23 Bombay Rent Act tenant repairs landlord statutory duty rent control