High Court of Bombay

4,240 judgments

Year:

Siti Networks Ltd. v. Rajiv Suri

13 Nov 2024 · B.P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that monies deposited in court by a corporate debtor prior to CIRP remain its assets subject to the IBC moratorium, allowing withdrawal of appeal and release of deposited funds to the corporate debtor.

corporate appeal_allowed Significant Insolvency and Bankruptcy Code, 2016 Section 14 moratorium Corporate Insolvency Resolution Process monies deposited in court

Subrao Sidu Kadam v. Keru Rama Chavan

13 Nov 2024 · S. M. Modak

The Bombay High Court allowed delayed amendments to plaints at the appellate stage without fresh evidence, limiting their effect to the amendment date and preserving limitation objections.

civil appeal_allowed Significant amendment of plaint limitation mortgage deed sale deed

Stive @ Lisban John Miranda v. The State of Maharashtra

13 Nov 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court ruled that furlough leave spilling over calendar years must be counted in the year sanctioned, entitling the prisoner to full leave in the subsequent year, and mandated timely decision on furlough applications.

criminal petition_allowed Significant furlough leave calendar year Maharashtra Prisons Rules Prisons Act 1894

Uday Sharad Kulkarni v. Claude Lila Narayan Parulekar

12 Nov 2024 · N.J. Jamadar

The Bombay High Court held it has concurrent jurisdiction under section 300 of the Indian Succession Act to entertain a petition for Letters of Administration including properties beyond its ordinary civil jurisdiction and allowed amendment of the petition while rejecting the caveator's application for rejection.

civil appeal_allowed Significant Letters of Administration Indian Succession Act 1925 Section 300 Section 273

Nagari Niwara Parishad v. Municipal Corporation of Greater Mumbai

12 Nov 2024 · ARUN R. PEDNEKER, J.
Cites 0 · Cited by 1

The High Court held that a property owner who transfers the property during pendency of a property tax appeal loses locus to continue the appeal, upheld the rateable value fixed by the Small Causes Court, and ruled that excess property tax can only be adjusted against future taxes, not refunded.

property appeal_dismissed Significant Mumbai Municipal Corporation Act, 1888 property tax rateable value transfer of property

Mohibullah Niyamatullah & Ors. v. State of Maharashtra & Ors.

12 Nov 2024 · A. S. Gadkari; Kamal Khata

The Bombay High Court held that failure by authorities to initiate acquisition within statutory timelines causes reservation of land under the MRTP Act to lapse, allowing landowners to develop their property.

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

M/S. Truly Pest Solution Private Limited v. Principal Chief Mechanical Engineering

11 Nov 2024 · Rajesh S. Patil

The Bombay High Court upheld an arbitral award dismissing a contractor's claim, holding that a written waiver of arbitrator ineligibility bars challenge under Section 34 of the Arbitration Act.

civil appeal_dismissed Significant Arbitration and Conciliation Act, 1996 Section 12(5) Section 34 Waiver of arbitrator ineligibility

M/s. Esjaypee Impex Pvt. Ltd. v. The Union of India

11 Nov 2024 · M. S. Sonak; Ashwin D. Bhobe

The Bombay High Court quashed a 21-year-old delayed customs show cause notice due to inordinate and unexplained delay violating natural justice and procedural fairness.

administrative petition_allowed Significant inordinate delay show cause notice natural justice principles of fairness

M/s Schulke India Pvt. Ltd. v. Union of India

11 Nov 2024 · M. S. Sonak; Jitendra Jain · 2024:BHC-AS:43151-DB

The Bombay High Court quashed a Ministry of Finance Press Release classifying hand sanitisers as disinfectants for GST purposes, holding that executive instructions cannot bind judicial/quasi-judicial authorities in classification matters under the GST Act.

tax petition_allowed Significant GST classification executive power separation of powers Press Release validity

Smt. Shilpa Jay Wagh v. State of Maharashtra

08 Nov 2024 · R. I. Chagla; Advait M. Sethna

The Bombay High Court held that a lawful caste validity certificate issued to a blood relative binds the Committee to grant the same certificate to the petitioner, overruling reliance on the affinity test and pending show cause notices.

constitutional petition_allowed Significant Scheduled Tribe Certificate Thakur Scheduled Tribe Caste Validity Certificate Affinity Test

Chetan Chandrakant Ahire v. Union of India

06 Nov 2024 · G. S. Kulkarni; Arif S. Doctor

The Bombay High Court dismissed a writ petition challenging Maharashtra Assembly election results on grounds of maintainability, lack of locus standi, and statutory bar, upholding the validity of the election process and use of EVMs.

constitutional petition_dismissed Significant Article 226 Election Commission of India Representation of the People Act, 1951 writ petition maintainability

Lemon Seeds Hospitality Pvt. Ltd. v. Union of India

25 Oct 2024 · Devendra Kumar Upadhyaya, CJ; M. M. Sathaye, J
Cites 3 · Cited by 0

The Bombay High Court dismissed the writ petition challenging an MPID Act auction sale, holding that explicit caution clauses and statutory procedures preclude refund claims despite non-availability of title documents.

civil petition_dismissed Significant MPID Act auction sale Transfer of Property Act Section 55 attachment

Ranjan Vasudeo Kolambe v. Appa alias Hanmant Maroti Hatnure and Another

25 Oct 2024 · A. S. Chandurkar; Rajesh S. Patil

The Bombay High Court dismissed the appellant's appeal against refusal of interim injunction in a copyright infringement suit involving coaching class notes on Indian Constitution and Economy, holding that no prima facie case of infringement was made out at the interlocutory stage.

civil appeal_dismissed Significant copyright infringement interim injunction original literary work public domain

M/s. T. Bhimjyani Realty Pvt. Ltd. v. Mr. Vineet Sachdeva & Anr.

25 Oct 2024 · Madhav J. Jamdar
Cites 1 · Cited by 0

The Bombay High Court held that RERA authorities have jurisdiction to examine fraud allegations in real estate disputes but must balance this with the summary nature of proceedings and the protection of allottee rights, remanding the matter for detailed inquiry.

civil appeal_allowed Significant Real Estate Regulatory Authority RERA fraud jurisdiction allottee rights

M/s. Rashmi Realty Builders Pvt. Ltd. v. Rahul Rajendrakumar Pagariya & Ors.

25 Oct 2024 · Madhav J. Jamdar, J.

The Bombay High Court held that disputes under RERA are non-arbitrable despite arbitration clauses, affirming the Authority's jurisdiction to order refund with interest to homebuyers.

civil appeal_dismissed Significant Real Estate Regulatory Authority RERA arbitration clause non-arbitrability

Kausa Jama Masjid Trust v. Fashibai Bhagirath Bhagat & Ors.

25 Oct 2024 · Milind N. Jadhav

The Bombay High Court held that a suit for easementary right of way over Waqf property without dispute over Waqf rights is maintainable in Civil Court, and dismissed the suit for lack of cause of action and jurisdictional bar.

civil appeal_allowed Significant Waqf property easementary right of way jurisdiction Waqf Tribunal

Mrs. Dagdabai Vitthal Kadam v. The State of Maharashtra

25 Oct 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that a successor inheriting property after the appointed date under the Wildlife (Protection) Act, 1972, is entitled to separate rehabilitation benefits and directed allotment of alternate land to the petitioner.

administrative appeal_allowed Significant Wildlife (Protection) Act, 1972 Section 20 Wildlife Act land acquisition inheritance rights

Roshanbi Aziz Motiwala v. Union of India

25 Oct 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Court held that the rehabilitation and resettlement provisions of the 2013 Act apply to land acquisition under the National Highways Act and directed fresh reasoned adjudication of petitioners' claims beyond mere mechanical reliance on non-statutory guidelines.

administrative appeal_allowed Significant Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 National Highways Act, 1956 land acquisition rehabilitation and resettlement

Shri Balaso Bhimgonda Patil v. The State of Maharashtra

25 Oct 2024 · S. M. Modak

The Bombay High Court held that an unregistered partition deed of joint Hindu family property does not require compulsory registration and set aside the trial court's order impounding the deed and the Collector's demand for deficit stamp duty and penalty.

civil petition_allowed Significant partition deed registration stamp duty impounding

Ratna Chandrakant Vannam v. Tukaram K. Jadhav

24 Oct 2024 · Bharati Dangre; Manjusha Deshpande
Cites 0 · Cited by 1

The Bombay High Court held the arrest under Maharashtra Police Act unlawful, quashed the case, and awarded compensation for illegal detention and police misconduct.

criminal petition_allowed Significant illegal arrest Maharashtra Police Act Section 33(T) Section 131