High Court of Bombay
5,131 judgments
M/s. T. Bhimjyani Realty Pvt. Ltd. v. Mr. Vineet Sachdeva & Anr.
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.
M/s. Rashmi Realty Builders Pvt. Ltd. v. Rahul Rajendrakumar Pagariya & Ors.
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.
Kausa Jama Masjid Trust v. Fashibai Bhagirath Bhagat & Ors.
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.
Mrs. Dagdabai Vitthal Kadam v. The State of Maharashtra
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.
Roshanbi Aziz Motiwala v. Union of India
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.
Shri Balaso Bhimgonda Patil v. The State of Maharashtra
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.
Ratna Chandrakant Vannam v. Tukaram K. Jadhav
The Bombay High Court held the arrest under Maharashtra Police Act unlawful, quashed the case, and awarded compensation for illegal detention and police misconduct.
Huges Real Estate Developers LLP v. Khernagar Adarsh Co-operative Housing Society Limited
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.
IMAX Corporation v. E-City Entertainment (I) Pvt. Limited & Ors.
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.
Suruchi Rajendra Gurjar v. Board of Trustees of the Mumbai Port Authority & Ors.
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.
Chandrashekhar Vaman Patwardhan v. The State of Maharashtra
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.
Trident Estate Private Limited v. The Office of Joint District
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.
Dinesh Manik Suryavanshi v. The Education Officer
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.
Andreas Stihl Private Limited v. The Joint Commissioner of State Tax
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.
Air India Charters Ltd v. Ms. Tanja Glusica
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.
Dinesh Manik Suryavanshi v. The Education Officer
Termination of an employee based on pendency of a criminal case is illegal after acquittal, entitling reinstatement with continuity of service and back wages.
Rohit Uttam Mane v. State of Maharashtra
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.
The State of Maharashtra v. Prakash Pandharinath Rajput
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.
FCA India Automobiles Private Limited v. Maharashtra State Electricity Distribution Co. Ltd. & Anr.
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.
Pranav Constructions Limited v. Priyadarshini Co-operative Housing Society Limited
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.