High Court of Bombay

4,240 judgments

Year:

S. R. Thorat Milk Product Pvt. Ltd. v. The State of Maharashtra

24 Sep 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court directed the State of Maharashtra to pay the petitioner Export Subsidy for Milk Powder exports under a valid Government Resolution, rejecting procedural objections and emphasizing equality and compliance with Court orders.

administrative petition_allowed Significant Export Subsidy Government Resolution Milk Powder Article 14

Govind Milk and Milk Products Pvt. Ltd. v. The State of Maharashtra & Anr.

24 Sep 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court directed the State of Maharashtra to pay Export Subsidy to the petitioner for Milk Powder exports under a valid Government Resolution, emphasizing equality and rejecting procedural objections.

administrative petition_allowed Significant Export Subsidy Government Resolution Milk Powder Article 14

Pravin P. Wategaonkar v. The Additional Chief Secretary & Anr.

23 Sep 2024 · Devendra Kumar Upadhyaya; Amit Borkar

The Bombay High Court dismissed the PIL seeking removal of the Maharashtra RERA Chairperson, holding that the appointment complied with statutory provisions and mere pendency of inquiry requests does not disqualify the appointee.

constitutional petition_dismissed Significant writ of quo-warranto Real Estate Regulatory Authority appointment eligibility criteria

Sambhaji Shankar Vanave v. Divisional Women And Child Welfare Division

23 Sep 2024 · Ravindra V. Ghuge

The High Court restored a long-dismissed labour complaint to allow the petitioner to challenge his dismissal, imposing conditions including denial of back wages and a strict timeline for concluding proceedings.

labor appeal_allowed Significant restoration of complaint dismissal in default unfair labour practices Maharashtra Recognition of Trade Unions Act, 1971

Girish Suresh Jambhalikar v. The State of Maharashtra

23 Sep 2024 · R. M. Joshi

The Bombay High Court held that the Education Officer lacks jurisdiction to decide seniority disputes after promotion, which fall within the exclusive domain of the School Tribunal under Section 9 of the MEPS Act, and set aside the Education Officer's order promoting respondent No.5.

labor appeal_allowed Significant Education Officer jurisdiction Seniority dispute Promotion Supersession

Rupali Bapurao Jadhav v. The State of Maharashtra

21 Sep 2024 · Amit Borkar

The Bombay High Court rejected anticipatory bail, holding that false assurances of unrealistic profits in share trading by advocate applicants prima facie establish cheating and criminal intent beyond a civil dispute.

criminal appeal_dismissed Significant anticipatory bail cheating dishonest intention intraday share trading

Kunal Kamra v. Union of India

20 Sep 2024 · A. S. Chandurkar

The Bombay High Court, in a reference under Clause 36 of the Letters Patent, examined the constitutional validity and statutory vires of the amended Rule 3(1)(b)(v) of the IT Intermediary Guidelines, highlighting key differences in judicial opinion on freedom of speech, natural justice, and proportionality.

constitutional other Significant Information Technology Rules 2021 Rule 3(1)(b)(v) Fact Check Unit freedom of speech

Ramkaran Karwa v. Union of India

20 Sep 2024 · K. R. Shriram; Jitendra Jain · 2024:BHC-AS:37629-DB

The Bombay High Court held that seized cash refunded after investigation must carry interest at the actual rate earned on fixed deposits, rejecting the respondents’ reliance on a Circular limiting interest to 6%, and directed refund of excess interest with accountability measures.

administrative appeal_allowed Significant seized cash refund interest on refund Circular No.984/08/2014 Central Excise Act

Munib Iqbal Memon v. The State of Maharashtra

20 Sep 2024 · Revati Mohite Dere; Sharmila U. Deshmukh
Cites 1 · Cited by 0

The Bombay High Court allowed bail to an accused detained for over 11 years in a terrorism case, holding that prolonged trial delay violates the constitutional right to a speedy trial despite statutory bail restrictions under UAPA.

criminal appeal_allowed Significant right to speedy trial Article 21 Constitution of India bail under UAPA pre-trial detention

Industrial Development Bank of India v. Deputy Commissioner of Income Tax, Spl. Range-I

19 Sep 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that deductions under Sections 36(1)(vii) and 36(1)(viia) of the Income-tax Act are independent, allowing the appellant bank to claim both deductions without improper curtailment.

tax appeal_allowed Significant Section 36(1)(vii) Section 36(1)(viia) bad debts provision for bad and doubtful debts

Industrial Development Bank of India v. Deputy Commissioner of Income Tax, Spl. Range-I

19 Sep 2024 · G. S. Kulkarni; Somasekhar Sundaresan

The Bombay High Court held that deductions under Sections 36(1)(vii) and 36(1)(viia) of the Income-tax Act are independent and the deduction for bad debts must be limited by the opening credit balance of the provision account, allowing the assessee's claim for both provisions.

tax appeal_allowed Significant Section 36(1)(vii) Section 36(1)(viia) bad debts provision for bad and doubtful debts

Ashok Kumar Kothari v. Sanwarlal Agarwal

19 Sep 2024 · Abhay Ahuja

The Bombay High Court held that the reverse mechanism clause was not part of the consent decree for specific performance and cannot be enforced in execution proceedings.

civil appeal_allowed Significant consent decree specific performance reverse mechanism execution proceedings

Prasad Nandkumar Deshmukh v. Dhaku Navlu Aukirkar and Ors.

19 Sep 2024 · Milind N. Jadhav

The Bombay High Court allowed revision to reject a suit filed after 31 years seeking specific performance of a suspicious 1989 agreement and cancellation of a 2011 registered sale deed, holding the suit barred by limitation and not maintainable under Order VII Rule 11 CPC.

civil appeal_allowed Significant Order VII Rule 11 CPC limitation specific performance Maharashtra Tenancy and Agricultural Lands Act, 1948

M/s. Rajaram Construction v. State of Maharashtra & Ors.

19 Sep 2024 · Devendra Kumar Upadhyaya; Amit Borkar

The Bombay High Court dismissed the writ petition challenging disqualification from a tender for non-compliance with bid capacity requirements, holding that judicial interference is unwarranted absent mala fide or arbitrariness, especially after the petitioner withdrew an earlier suit on the same cause.

administrative appeal_dismissed Significant tender process bid capacity certificate technical manpower certificate judicial review

Gagan Satyapal Khanna v. Union of India

19 Sep 2024 · M.S. Sonak; Advait M. Sethna

The High Court held that an appellate authority must provide an opportunity to cure shortfall in mandatory pre-deposit before dismissing an appeal, setting aside the dismissal order and remanding the matter for fresh consideration.

administrative appeal_allowed Significant pre-deposit mandatory procedural requirement shortfall in deposit principles of natural justice

Bajaj Allianz General Insurance Company Ltd. v. Kekanaje Balkrishna Bhat

18 Sep 2024 · M.M. Sathaye

The Bombay High Court dismissed the insurance company's appeal, upholding the tribunal's award of compensation to claimants in a motor accident death case where death causation was probable and breach of policy was unproven.

motor_accident_claims appeal_dismissed Motor Vehicles Act, 1988 Section 166 Section 173 motor accident claim

Abhijit Bhagwat Khedkar v. State of Maharashtra & Ors.

18 Sep 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court dismissed the review petition challenging denial of Ph.D. admission, holding that new grounds cannot be raised in review and eligibility relaxation must follow applicable regulations.

administrative petition_dismissed review petition Ph.D. admission relaxation in eligibility OBC category

Shahaji Nanai Thorat v. Sanjay Dina Patil

18 Sep 2024 · Sandeep V. Marne

The Bombay High Court dismissed an election petition for failure to implead all contesting candidates as mandated by Section 82 of the Representation of the People Act, 1951, holding that such non-compliance is a fundamental defect that cannot be cured by subsequent amendment or summons issuance.

constitutional appeal_dismissed Significant Election Petition Representation of the People Act, 1951 Section 82 Section 86

Shahid Akeel Shaikh v. Union of India

17 Sep 2024 · M. S. Sonak; Kamal Khata · 2024:BHC-AS:37250-DB

The Bombay High Court allowed admission to a PwD candidate despite an inadvertent error in the NEET application, emphasizing correction of bona fide mistakes and protection of disability rights under the RPwD Act, 2016.

constitutional petition_allowed Significant PwD quota inadvertent error disability certification NEET application correction

Shri Vasant Buddhiram Gonte v. State of Maharashtra

12 Sep 2024 · Madhav J. Jamdar

The court held that a unilateral declaration by a promoter under the Apartment Act without all flat purchasers' consent is invalid, allowing the formation and registration of the co-operative housing society under MOFA.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Maharashtra Apartment Ownership Act, 1970 Co-operative Housing Society Declaration under Apartment Act