High Court of Bombay

4,240 judgments

Year:

Huges Real Estate Developers LLP v. Khernagar Adarsh Co-operative Housing Society Limited

24 Oct 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court dismissed the developer's appeal for injunction restraining redevelopment, held no concluded contract on revised terms, set aside NOC condition for new developer, and directed monetary deposit to protect developer's rights while allowing redevelopment to proceed.

civil appeal_dismissed Significant Development Agreement temporary injunction redevelopment housing society

IMAX Corporation v. E-City Entertainment (I) Pvt. Limited & Ors.

24 Oct 2024 · M.S. Sonak; Advait M. Sethna
Cites 3 · Cited by 0

The Bombay High Court held that a final limitation order attained after Supreme Court dismissal of appeals operates as res judicata, allowing enforcement of foreign arbitral awards against E-City but not related companies, and clarified public policy and impleadment principles under the Arbitration Act.

commercial_arbitration appeal_allowed Significant foreign arbitral award enforcement limitation period res judicata Arbitration and Conciliation Act, 1996

Suruchi Rajendra Gurjar v. Board of Trustees of the Mumbai Port Authority & Ors.

23 Oct 2024 · Ravindra V. Ghuge; M. M. Sathaye

The Bombay High Court quashed the stigmatic termination of a probationary Chief Law Officer by Mumbai Port Trust for suppression of material facts without proper departmental enquiry, ordering reinstatement with back wages.

administrative appeal_allowed Significant probation extension stigmatic termination departmental enquiry suppression of material facts

Chandrashekhar Vaman Patwardhan v. The State of Maharashtra

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

The Bombay High Court allowed the appeal and set aside the attachment of a flat under the MPID Act, holding that attachment proceedings cannot continue against property of a deceased director without statutory provision and the property was not acquired from depositors' money.

criminal appeal_allowed Significant MPID Act attachment of property deceased accused legal heirs liability

Trident Estate Private Limited v. The Office of Joint District

23 Oct 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court held that in court-monitored auctions, the sale price fixed by the Court is the true market value for stamp duty, and Stamp Authorities cannot independently reassess or levy additional duty based on higher valuations.

property petition_allowed Significant court-monitored auction stamp duty market value Sale-cum-Monitoring Committee

Dinesh Manik Suryavanshi v. The Education Officer

23 Oct 2024 · Ravindra V. Ghuge; M.M. Sathaye

Termination of a Shikshan Sevak’s services based on a pending criminal case is unlawful if acquittal occurs before termination, entitling reinstatement with partial back wages.

labor appeal_allowed Significant termination of service acquittal criminal case pendency back wages

Andreas Stihl Private Limited v. The Joint Commissioner of State Tax

23 Oct 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court held that authorities under the Settlement Act cannot invoke Section 50 of the MVAT Act to adjust refunds against demands of other years without a separate order under the MVAT Act, quashing review orders that unlawfully did so.

tax appeal_allowed Significant Settlement Act MVAT Act Section 50 MVAT Section 15 Settlement Act

Air India Charters Ltd v. Ms. Tanja Glusica

23 Oct 2024 · Sharmila U. Deshmukh

The Bombay High Court held that compensation to dependents of a contractor-employed pilot must be calculated based on the actual salary paid by the contractor, with interest payable for delayed payment but no penalty on the principal employer.

labor appeal_allowed Significant Employees Compensation Act, 1923 Section 12 liability principal employer contractor employee compensation

Dinesh Manik Suryavanshi v. The Education Officer

23 Oct 2024 · Ravindra V. Ghuge; M.M. Sathaye

Termination of an employee based on pendency of a criminal case is illegal after acquittal, entitling reinstatement with continuity of service and back wages.

service_law appeal_allowed Significant termination of service acquittal criminal case pendency back wages

Rohit Uttam Mane v. State of Maharashtra

22 Oct 2024 · Ravindra V. Ghuge; M. M. Sathaye

The Bombay High Court allowed writ petitions directing issuance of 'Koli Mahadev' Scheduled Tribe Certificates to petitioners based on familial lineage and subject to statutory verification.

administrative appeal_allowed Significant Scheduled Tribe Certificate Koli Mahadev Tribe Scrutiny Committee Maharashtra Scheduled Castes Scheduled Tribes Act 2000

The State of Maharashtra v. Prakash Pandharinath Rajput

22 Oct 2024 · S. M. Modak

The High Court dismissed the State's appeal and upheld the acquittal of a Police Sub-Inspector accused of corruption, holding that the prosecution failed to prove demand and acceptance of bribe despite valid sanction for prosecution.

criminal appeal_dismissed Significant demand and acceptance illegal gratification Prevention of Corruption Act sanction for prosecution

FCA India Automobiles Private Limited v. Maharashtra State Electricity Distribution Co. Ltd. & Anr.

22 Oct 2024 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that a delayed deposit of 50% of the assessed amount under Section 127(2) of the Electricity Act, 2003 does not bar entertaining an appeal filed within the 30-day limitation period, and restored the appeal for hearing on merits.

administrative appeal_allowed Significant Electricity Act, 2003 Section 126 assessment Section 127 appeal deposit requirement

Pranav Constructions Limited v. Priyadarshini Co-operative Housing Society Limited

22 Oct 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that individual members of a Co-operative Society are bound by the Society's Development Agreement and granted interim relief under Section 9 of the Arbitration Act directing non-cooperative members to vacate premises for redevelopment despite disputes over entitlement.

civil appeal_allowed Significant Arbitration and Conciliation Act, 1996 Section 9 interim relief Co-operative Society members Development Agreement

The Commissioner of Income Tax-IV, Pune v. Dr. Kasliwal Medical Care & Research Foundation

21 Oct 2024 · G. S. Kulkarni; Firdosh P. Pooniwalla

The Bombay High Court held that non-disposal of a registration application under Section 12AA(2) within six months does not result in deemed registration, overruling the Tribunal's order and following the later Supreme Court precedent.

tax appeal_allowed Significant Section 12AA(2) Income Tax Act deemed registration registration of trusts Income Tax Appellate Tribunal

Praveen Kumar Passi v. Pradip Syamlal Das

21 Oct 2024 · Madhav J. Jamdar

The Competent Authority under the Maharashtra Rent Control Act has implied powers to sell attached goods to fully execute eviction orders, and partial delivery of possession does not amount to complete execution.

property appeal_allowed Significant Maharashtra Rent Control Act, 1999 Competent Authority Eviction order execution Section 45 Rent Act

Shivaji Damodar Karne v. The State of Maharashtra

21 Oct 2024 · Milind N. Jadhav
Cites 1 · Cited by 0

The High Court acquitted a bus driver of rash and negligent driving causing death due to lack of evidence and failure to consider contributory negligence, setting aside earlier convictions.

criminal appeal_allowed Significant rash and negligent driving Section 279 IPC Section 304A IPC contributory negligence

The People’s Education Society v. Dr. K. Sudhakar Reddy

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

The High Court upheld the Tribunal’s order setting aside the compulsory retirement of an associate professor, holding that the purported Chairman of the trust lacked authority due to rejected Change Reports, and that disciplinary action without competent authority violated natural justice.

administrative appeal_dismissed Significant Maharashtra Public Trusts Act, 1950 Change Report Compulsory retirement Principles of natural justice

Hemant Bharat Kachare v. Vasu Anna Shetty & Ors.

21 Oct 2024 · Sandeep V. Marne

The High Court held that tenant's unauthorized permanent constructions in rented premises justified eviction under Section 13(1)(b) of the Bombay Rent Act, setting aside the appellate court's reversal of eviction.

civil appeal_allowed Significant permanent structure Section 13(1)(b) Bombay Rent Act eviction rent agreement

Aspandiar Rashid Irani & Ors. v. Pasayadan Cooperative Housing Society Limited & Ors.

21 Oct 2024 · Amit Borkar

The Bombay High Court held that recovery of cooperative housing society dues under Section 154B-29 is not barred by limitation and applies to persons in possession regardless of membership or registered sale agreement.

civil petition_dismissed Significant Maharashtra Cooperative Societies Act Section 154B-29 recovery of society dues limitation

Ayushi Doshi v. None

17 Oct 2024 · Gauri Godse

The Bombay High Court held that the six-month cooling off period under Section 13B(2) of The Hindu Marriage Act is directory and can be waived when reconciliation is impossible, setting aside the Family Court's order and allowing the divorce by mutual consent petition.

family appeal_allowed Significant Section 13B Hindu Marriage Act cooling off period divorce by mutual consent waiver of waiting period