High Court of Bombay
5,061 judgments
Central Bank of India v. Rohini Ramesh Kalyankar & Ors.
The Bombay High Court held that civil courts retain jurisdiction to try suits for rescission and declarations against banks despite the RDB Act and SARFAESI Act, and a plaint cannot be rejected in part under Order VII Rule 11 CPC.
Jitendra Jaywant Sawant; Yakub Ismail Shaikh; Yusuf Ismail Shaikh v. The Deputy Collector; State of Maharashtra
The Bombay High Court dismissed the writ petition challenging removal of unauthorized constructions on State land, affirming strict adherence to building regulations and denying protection to illegal structures without lawful sanction.
Namrata Ramchandra Zagade v. Shri. Gujrati Shikshan Pracharak Mandal, Pune & Ors.
The Bombay High Court held that termination of a teacher without due process under the MEPS Act is illegal and ordered her reinstatement with full backwages, rejecting compensation in lieu of reinstatement.
Sunil Narayan Patil v. Pundalik Balaji Gharat
The Bombay High Court allowed the plaintiffs' appeal and granted interim injunction for specific performance of agreements concerning land rights despite the trial court's rejection, holding that substantial payments and prima facie evidence established enforceable rights against subsequent purchasers.
Javed Khan Salim Khan v. The State of Maharashtra
The High Court dismissed the petition seeking retrospective seniority from the date of original CET results, holding seniority accrues only from actual appointment date absent any rule permitting backdating.
Vikrant Happy Homes Private Limited v. Union of India
The Bombay High Court held that the Central Government exclusively determines the multiplier factor for compensation in land acquisition for national highways, quashing conflicting State Government notifications and directing fresh compensation awards accordingly.
Suvarna Bhimaji Thigle v. State of Maharashtra
The Bombay High Court upheld the reservation policy for Project Affected Persons requiring merit-based selection with uniform passing criteria, dismissing the petitioner's claim for preferential appointment without meeting examination standards.
Sandeep Gopalbhai Tank v. Srichand Shamandas Aswani
The High Court set aside an appellate order granting injunction over land lawfully acquired and possession handed over, restoring the trial court's dismissal of the injunction application.
Madhu Malti Enterprises v. The Employees State Insurance Corporation
Storing medicines in a refrigerator by a trader does not constitute a manufacturing process under the ESI Act and Factories Act, exempting the trader from liability under the ESI Act.
Oxford University Press v. DCIT, Int. Tax Circle 3 (2)(2)
The Bombay High Court held that reopening an income tax assessment beyond four years requires failure to disclose material facts, and quashed the reopening notice issued without such failure.
Sanman Trade Impex Pvt Ltd v. Baba Mungipa Steel Industry and Others
The Bombay High Court dismissed the application to exclude a flat from attachment in execution proceedings, holding the gift transfer was fraudulent under Section 53 of the Transfer of Property Act and sustaining attachment and sale.
Dr. Sushmita Negi v. The State of Maharashtra
The Bombay High Court held that the University’s condonation of service breaks entitles the petitioner to Old Pension Scheme benefits, quashing the denial order and directing pension and gratuity payments with interest.
Jay Anand Co-operative Housing Society Ltd. v. State of Maharashtra & Ors.
The Bombay High Court set aside the bifurcation and exemption orders under the Maharashtra Co-Operative Societies Act for non-compliance with statutory procedure and natural justice, quashing the subsequent deemed conveyance and dismissing contempt allegations.
UNI TEX Products Pvt. Ltd. v. Leela Shantikumar Gandhi
The Bombay High Court held that a Court Receiver appointed conditionally to take possession after a future date cannot be discharged before that date, and procedural compliance is required only after the contingency arises.
Shankar Govind Gaikar & Ors. v. Gopal Babu Patil
The Court upheld that an unregistered Agreement for Sale conditioned on prior statutory sanction without such sanction does not constitute a valid transfer under the MTAL Act, dismissing the petition challenging the Tribunal's order nullifying the transfer and vesting the land in the State.
Pranay Atul Mehta v. The State of Maharashtra
The Bombay High Court dismissed anticipatory bail to an accused involved in a serious financial fraud, emphasizing the necessity of custodial interrogation and prima facie evidence of guilt.
Skylark Feeds Private Limited v. National Commodities Management Services Limited
The Bombay High Court upheld the Arbitral Tribunal's interim order requiring the petitioner to furnish a bank guarantee to protect the respondent's claim, emphasizing the wide discretionary powers of arbitral tribunals under the Arbitration Act and limiting judicial interference in interlocutory orders.
Usha Rambhau Huge v. The Commissioner Greater Mumbai Municipal Corporation
The Bombay High Court held that a disabled municipal employee on approved leave before voluntary retirement is entitled to pension and gratuity benefits as per the 6th Pay Commission, quashing the denial based on a circular and directing payment with interest.
Rajendra Ghorpade v. Joint Director Technical Education & Vocational Training and ors.
The Bombay High Court held that an SC category employee appointed on a clear and vacant reserved post is entitled to senior scale and TBPS benefits from the initial appointment date despite prior occupant’s litigation.
Deepak Chhagan Rathod v. State of Maharashtra
The Bombay High Court held that a candidate on a waiting list has no indefeasible right to appointment after the expiry of the selection list validity, and government resolutions extending such validity operate prospectively.