High Court of Bombay

5,131 judgments

Year:

Vijaysinh Patwardhan v. State of Maharashtra

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

The Bombay High Court held that land granted for running a civil hospital reverts to the Shri Ganpati Panchayat Sansthan upon cessation of that purpose under Section 19(b) of the 1940 Act, directing the State to return the land or acquire it lawfully.

civil appeal_allowed Significant Sangli Ganpati Panchayat Sansthan Act 1940 Section 19(b) land reversion public purpose appropriation

Municipal Corporation of Greater Mumbai v. Anusaya Sitaram Devrukhkar & Ors.

07 Jan 2025 · B. P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that appeals under Section 74(1) of the 2013 Land Acquisition Act must be filed within 120 days, and the Court cannot condone delay beyond this period as Section 5 of the Limitation Act is expressly excluded.

civil petition_dismissed Significant Limitation Act, 1963 Section 74, 2013 Act condonation of delay special law vs general law

Shashikant Chimanlal Makwana; Pradeep Narottam Harosa; Pattron Hotel and Travels Pvt. Ltd. v. Pramod Karunakar Shetty; PPS Bar and Kitchen LLP

07 Jan 2025 · Somasekhar Sundaresan

The Bombay High Court appointed an Arbitral Tribunal to adjudicate disputes under an LLP Agreement, continued interim injunctions against physical interference, and directed production of audited financials while declining to interfere with excise authorities' liquor license suspension.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 9 interim relief Section 11 appointment of arbitrator Limited Liability Partnership Agreement

Haresh V. Kagrana HUF v. The New Milan Co-operative Housing Society Limited

06 Jan 2025 · M. M. Sathaye

The Bombay High Court allowed an appeal restraining redevelopment until exclusive Otlas and attached terraces shown in sanctioned plans are included in appellants' flat area entitlements.

property appeal_allowed Significant redevelopment sanctioned plan area entitlement Otlas

Rajaram Bandu Gadade & Ors. v. Govina Sonba Gadade & Ors.

06 Jan 2025 · Gauri Godse

The Bombay High Court held that civil courts have jurisdiction to decide partition of ancestral joint family property despite existence of a Section 32M tenancy certificate issued in the name of one member, affirming that such certificate does not negate joint family rights.

civil appeal_dismissed Significant Section 32M certificate Maharashtra Tenancy and Agricultural Lands Act joint Hindu family civil court jurisdiction

Shreegopal Barasia v. M/s. Creative Homes

06 Jan 2025 · SOMASEKHAR SUNDARESAN

The Bombay High Court held that the existence of an arbitration agreement is to be prima facie determined by the Court under Section 11, while substantive disputes on authority and validity fall within the arbitral tribunal's jurisdiction under Section 16.

civil appeal_allowed Significant Section 11 Arbitration Act Section 16 Arbitration Act Section 19(2)(a) Partnership Act arbitration agreement

Izhar Nizamulhak Khan v. State of Maharashtra

06 Jan 2025 · Ravindra V. Ghuge; Rajesh S. Patil

The Bombay High Court held that prosecuting a Factory Manager under Section 304A IPC after the Occupier's prosecution under the Factories Act does not violate double jeopardy and refused to quash the FIR.

criminal petition_dismissed Significant Section 304A IPC Factories Act prosecution double jeopardy Article 20(2) Constitution

Ramakant Meghnath Patil v. The State of Maharashtra

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

The High Court acquitted accused in a murder case due to inconclusive medical evidence and failure of prosecution to prove cruelty and homicidal death beyond reasonable doubt.

criminal appeal_allowed Significant murder suicide strangulation Section 302 IPC

Jai Maharashtra Shikshak Wa Karmachari Sena v. Brihanmumbai Municipal Corporation

03 Jan 2025 · Bharati Dangre; Ashwin D. Bhobe

The Bombay High Court upheld that pension benefits under the BMC Pension Scheme must be granted to teachers and non-teaching staff of private aided schools including service before grant-in-aid, reaffirming binding precedent despite pending appeals.

administrative petition_allowed Significant Pension Scheme Private Primary Aided Schools Qualifying Service Grant-in-aid

Amey Sanjay Jadhav v. State of Maharashtra

03 Jan 2025 · Milind N. Jadhav

The Bombay High Court granted bail to the applicant in an NDPS case involving commercial quantity of charas due to procedural lapses, discrepancies in seizure, and prolonged pre-trial incarceration violating Article 21 rights.

criminal appeal_allowed Significant NDPS Act bail commercial quantity Section 37 NDPS Act

Vaibhavi Rajendra Chalke v. Rajendra Ganpat Chalke

03 Jan 2025 · G. S. Kulkarni; Advait M. Sethna

The High Court upheld the Family Court's decree of divorce on the ground that filing a false criminal prosecution by a spouse constitutes mental cruelty under the Hindu Marriage Act.

family appeal_dismissed Significant cruelty false prosecution Section 498A IPC mental cruelty

Charushila Bira Shriram v. The State of Maharashtra

03 Jan 2025 · Sharmila U. Deshmukh

The Bombay High Court held that the two-year immunity against No Confidence Motion under the Maharashtra Village Panchayats Act is computed from the date of first election to the post of Sarpanch, not from the date of election of a subsequent Sarpanch filling a vacancy.

administrative petition_dismissed Significant Maharashtra Village Panchayats Act, 1958 Section 35(3) Section 43 Sarpanch

Siddhant @ Siddharth Sachin Dhanedar v. The State of Maharashtra & Ors.

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

The Bombay High Court quashed a preventive detention order due to contradictory grounds and unexplained date discrepancies, emphasizing the necessity of clear and consistent grounds for detention and the detenu's right to effective representation.

criminal petition_allowed Significant preventive detention Maharashtra Prevention of Dangerous Activities Act, 1981 grounds of detention subjective satisfaction

Pranav Rohit Patel v. Rohit Jayramdas Patel

02 Jan 2025 · N. J. Jamadar

The Bombay High Court refused to remove the Executor despite allegations of adverse title and misconduct, holding that removal requires strong grounds and title disputes fall outside Testamentary Court jurisdiction.

civil petition_dismissed Significant Executor removal Indian Succession Act Section 301 Probate Testamentary Court jurisdiction

Sangram Sampatrao Deshmukh v. The Election Commissioner of India and Ors.

02 Jan 2025 · Milind N. Jadhav

The Bombay High Court dismissed an election petition challenging the election of a candidate for failure to plead material facts demonstrating how alleged electoral irregularities materially affected the election result, and held that only statutory parties can be impleaded in election petitions.

constitutional appeal_dismissed Significant Election Petition Representation of the People Act, 1951 Section 100(1)(d)(iii) Section 100(1)(d)(iv)

Everard Co-operative Housing Society Ltd. v. The State of Maharashtra

02 Jan 2025 · A. S. Gadkari; Kamal Khata

The Bombay High Court dismissed slum dwellers' petition protecting illegal structures, held BMC liable for contempt for non-compliance of demolition orders, and directed immediate removal of encroachments on land acquired for a DP road.

property appeal_dismissed Significant illegal hutments demolition Municipal Corporation contempt of court

The Special Land Acquisition Officer v. Jayantilal P. Shah and Ors.

02 Jan 2025 · Milind N. Jadhav

The Bombay High Court allowed the Claimants' Reference under Section 18 of the Land Acquisition Act, 1894, enhancing the market value of acquired land to Rs.26,000 per square meter based on comparable sale instances and rejected the Acquiring Body's claim to deduct post-acquisition construction costs.

property appeal_allowed Significant Land Acquisition Act, 1894 market value Comparable Sales Method Section 18 Reference

Sudam Sitaram Dagade & Ors. v. Uttamrao Sitaram Dagade

02 Jan 2025 · Milind N. Jadhav

The Bombay High Court set aside the trial court's order allowing an afterthought application to recast issues after plaintiff's evidence was closed, holding such amendment impermissible and directing expeditious disposal of the suit.

civil appeal_allowed Significant framing of issues Order XIV Rule 5 CPC Will validity Indian Succession Act

Dr. Sakharam Dinkar Patwardhan v. Shri Shankar Kondo Kalekar

02 Jan 2025 · Madhav J. Jamdar

The Bombay High Court upheld a partial eviction decree allowing a co-owner landlord's bonafide requirement for possession, dismissing the writ petition challenging the appellate court's order.

civil petition_dismissed Significant bonafide requirement co-owner eviction suit landlord's right partition of property

Saurabhkumar S. Patel v. Baburay Pundalik Salunke

02 Jan 2025 · Milind N. Jadhav

The High Court upheld the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, extending it to subsequent purchasers of the corporate debtor's property, thereby sustaining the stay on suit proceedings against them.

civil petition_dismissed Significant Insolvency and Bankruptcy Code, 2016 Section 14 moratorium Corporate Insolvency Resolution Process Specific performance