High Court of Bombay

4,240 judgments

Year:

Dr. Vilas Gangadhar Mamde v. The State of Maharashtra and Ors.

09 Oct 2024 · Ravindra V. Ghuge; M.M. Sathaye
Cites 1 · Cited by 0

The Bombay High Court held that a professor entitled to extended service must be paid salary for the period he was prevented from working due to delayed issuance of the extension order.

labor petition_allowed Significant extension of service superannuation age unpaid salary no work no wages

Babaso Ganpatil Awate v. State of Maharashtra

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

The Bombay High Court held that 50% of part-time service must be counted towards pension qualifying service and directed payment of pension benefits with interest for delay under the Maharashtra Civil Services (Pension) Rules.

administrative petition_allowed Significant pension benefits part-time service full-time service Old Pension Scheme

Ananda Ramchandar Salunkhe v. Maharashtra State Road Transport Corporation

09 Oct 2024 · Sandeep V. Marne

The High Court upheld the dismissal of a MSRTC conductor after finding the domestic enquiry fair and evidence sufficient despite non-examination of the passenger, dismissing the writ petition challenging the disciplinary action.

labor petition_dismissed Significant domestic enquiry disciplinary proceedings hearsay evidence principles of natural justice

Bank of Baroda v. Geeta Smruti Premises Co-operative Society Ltd.

08 Oct 2024 · Madhav J. Jamdar

The Bombay High Court held that a purchaser of premises against whom a recovery certificate is issued has locus to file revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960, and quashed the dismissal of such revision for want of locus.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Section 154 revision Recovery Certificate locus standi

Commissioner of Income Tax (Exemptions), Mumbai v. Shree Sai Baba Sansthan Trust – Shirdi

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

The Bombay High Court held that a trust established for both religious and charitable purposes is exempt from tax on anonymous donations under Section 115BBC(2)(b) despite registration under Section 80G.

tax appeal_dismissed Significant anonymous donations Section 115BBC Section 80G charitable trust

Kishor Sitaram Dongardive v. Brihanmumbai Municipal Corporation

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

The Bombay High Court quashed termination orders passed without due process and directed fresh show cause notices and hearings before finalizing termination of municipal school teachers.

administrative appeal_allowed Significant termination of service show cause notice natural justice police character certificate

Sayali Shivaji Sable v. The State of Maharashtra

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

The Bombay High Court held that siblings cannot hold different Scheduled Tribe certificates and quashed the rejection of the petitioner’s claim, directing issuance of the validity certificate.

constitutional appeal_allowed Significant Scheduled Tribe validity certificate Koli Mahadev tribe siblings caste certificate Scrutiny Committee

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

The Bombay High Court held that omission of CGST Rules 89(4B) and 96(10) without savings clause lapses pending proceedings under them and declared these rules unconstitutional and ultra vires.

tax appeal_allowed Significant CGST Rules 2017 Rule 89(4B) Rule 96(10) Omission of rules

Varun Dhupe; Suresh Dhupe; Vibhavari Dhupe v. The State of Maharashtra; Sanjiv Ukey

07 Oct 2024 · A. S. Gadkari; Dr. Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court refused to quash an FIR alleging mental cruelty and abetment to suicide under Sections 498-A and 306 IPC, holding that a prima facie case exists requiring investigation and trial.

criminal petition_dismissed Significant Section 306 IPC abetment to suicide Section 113-A Indian Evidence Act quashing of F.I.R.

Adithya Krishnan v. The State of Maharashtra

07 Oct 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court refused to quash rape proceedings where sexual intercourse was induced by a false promise of marriage made with no intention to fulfill it, holding the consent vitiated by misconception of fact.

criminal petition_dismissed Significant false promise to marry rape consent vitiated Section 376(2)(n) IPC

Vinisha Sawant v. Mahendra Sawant & The State of Maharashtra

07 Oct 2024 · A. S. Gadkari; Neela Gokhale

The Bombay High Court held that a Magistrate cannot order FIR registration under Section 156(3) Cr.P.C. after taking cognizance and directing inquiry under Section 202 Cr.P.C., and quashed the FIR accordingly.

criminal petition_allowed Significant Section 156(3) Cr.P.C. Section 202 Cr.P.C. cognizance preliminary inquiry

Nayeem Akhtar Gouse Mohiuddin Sherpyade v. The State of Maharashtra

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

The Bombay High Court allowed the writ petition directing approval of the petitioner's appointment as Shikshan Sevak, holding that procedural lapses in recruitment did not invalidate the selection.

administrative petition_allowed Significant Shikshan Sevak appointment Government Resolution compliance Recruitment procedure Approval of appointment

Savita Kamlakar Pingale v. Directorate of Art

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

The Bombay High Court held that an employee retiring voluntarily from a grant-in-aid arts institution is entitled to pensionary benefits including service during non grant-in-aid periods, with statutory interest on delayed payments.

labor petition_allowed Significant pensionary benefits grant-in-aid voluntary retirement qualifying service

Sukhraj B. Nahar Charitable Trust v. Chief Controlling Revenue Authority

04 Oct 2024 · Jitendra Jain, J.

The Bombay High Court held that stamp duty on a rectification deed is payable only on the excess area beyond the original leased land, quashing the demand for duty on the entire increased area post subdivision/amalgamation.

civil appeal_allowed Significant stamp duty rectification deed lease deed subdivision and amalgamation

Darshan Singh Parmar v. The Union of India & Ors.

04 Oct 2024 · M.S. Sonak; Jitendra Jain
Cites 0 · Cited by 1

The Bombay High Court directed payment of a determined reward to an informer whose information led to tax recoveries, emphasizing fair and timely implementation of government reward schemes.

administrative petition_allowed Significant reward for informer tax evasion government circular government resolution

Nandkumar Infrastructure LLP v. The Superintendent Engineer National Highway Division, Pune

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

The Bombay High Court held that the experience of a proprietor can be reckoned as the experience of an LLP for tender eligibility, set aside the rejection of the petitioner's bid, and directed re-opening of financial bids and re-negotiation.

administrative appeal_allowed Significant Limited Liability Partnership Act, 2008 Tender evaluation Experience reckoning Business transfer agreement

Lalit Timothy D’Souza v. Lawra D’Souza

03 Oct 2024 · N. J. Jamadar

The Bombay High Court appointed the Court Receiver as joint Administrator pendente lite alongside the incarcerated executor to preserve and manage the deceased's estate pending final testamentary proceedings.

civil appeal_allowed Significant Administrator pendente lite Indian Succession Act, 1925 executor imprisonment

Sarita Rahul Sharma v. Rahul Udayraj Sharma

03 Oct 2024 · Milind N. Jadhav

The Bombay High Court allowed the wife's plea to transfer matrimonial proceedings to a more convenient family court due to her hardship in traveling with an infant, rejecting the husband's offer to bear travel costs and imposing exemplary costs on him.

family appeal_allowed Significant transfer of matrimonial proceedings hardship to wife infant care Hindu Marriage Act

Jayashree Gangadhar Hiremath v. Nirmala Gangadhar Hiremath

03 Oct 2024 · Milind N. Jadhav

The Bombay High Court upheld that the first wife is the sole legal heir entitled to family pension despite the deceased's nomination of the second wife, as the second marriage was void due to subsistence of the first marriage.

civil appeal_dismissed Significant family pension succession certificate second marriage nomination

Uma Niwas Co-Operative Housing Society Ltd. v. The Collector of Stamps

03 Oct 2024 · Jitendra Jain

The Bombay High Court held that a demand for deficit stamp duty raised beyond the six-year limitation period under Section 53A of the Bombay Stamp Act, 1958 is barred and quashed the impugned orders accordingly.

civil petition_allowed Significant deemed conveyance deficit stamp duty Section 53A Bombay Stamp Act limitation period