High Court of Bombay

4,240 judgments

Year:

Santosh Madhukar Bhondve v. State of Maharashtra

12 Sep 2024 · Devendra Kumar Upadhyaya; Amit Borkar

The Bombay High Court upheld the allotment of Gairan land for affordable housing under PMAY, holding that the State Government's overriding power under Section 40 of the MLRC and the Development Plan under the MRTP Act prevail over prohibitions on diversion of Gairan land.

administrative petition_dismissed Significant Gairan land Maharashtra Land Revenue Code 1966 Section 22A Section 40

Ramesh Krishna Gopnur v. The State of Maharashtra

11 Sep 2024 · Revati Mohite Dere; Prithviraj K. Chavan

The Bombay High Court upheld the conviction of the appellant for sexually assaulting five minor girls, relying on consistent victim and eyewitness testimony corroborated by medical evidence and statutory presumption under the POCSO Act.

criminal appeal_dismissed Significant sexual assault POCSO Act minor victims Section 376(f) IPC

Balkrishna Dadoba Yedekar & Ors. v. Sangli Municipal Council

11 Sep 2024 · Sharmila U. Deshmukh

The Bombay High Court upheld the termination of Petitioners' tenancy rights on municipal land exempted from the Tenancy Act under Section 88(1)(b), holding that Section 4B does not protect tenancy once land is exempted, and dismissed writ petitions challenging the Maharashtra Revenue Tribunal's order.

property petition_dismissed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 4B Section 85A Section 88(1)(b)

Bhushan Vora v. The Union of India

10 Sep 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court quashed a Show Cause Notice issued under the Customs Act due to an eight-year delay in adjudication and failure to inform the petitioner about transfer to the call book, holding such delay and non-communication violate natural justice and justify writ relief.

administrative petition_allowed Significant Show Cause Notice Customs Act 1962 delay in adjudication call book

Suresh Vamanrao Gaikwad v. M/s. Karva Developers & Ors.

10 Sep 2024 · Milind N. Jadhav

The Bombay High Court dismissed the writ petition seeking impleadment of a third party purchaser in a specific performance suit, holding that such impleadment would impermissibly enlarge the suit's scope and that the petitioner was not a bonafide purchaser due to a cancelled Power of Attorney and knowledge of pending litigation.

civil petition_dismissed Significant specific performance third party impleadment transferee pendente lite Order I Rule 10 CPC

M/s. Trishul Construction Co. v. City Industrial and Development Corporation of Maharashtra Ltd.

10 Sep 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J

The Bombay High Court held that the State Government's communication dated 1st August 2018 is a binding directive under Section 154 of the MRTP Act, and stayed CIDCO's cancellation of allotment pending the State Government's final clarification.

administrative other Significant Section 154 MRTP Act State Government directive CIDCO allotment cancellation New Bombay Disposal of Lands Regulations 1975

Dr. Chetna Rajput v. Modern Education Society

09 Sep 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court directed prompt payment of delayed gratuity with interest and expedited processing of pension benefits to a retired teacher, holding the delay unjustified and arbitrary under the Payment of Gratuity Act, 1972.

labor petition_allowed Significant Payment of Gratuity Act, 1972 gratuity payment delay pensionary benefits Article 226 Constitution of India

The Deputy Commissioner of Police v. Shri Sanjay Govind Parab

06 Sep 2024 · A.S. Chandurkar; Rajesh S. Patil

The Bombay High Court held that a government servant who disobeys a transfer order after refusal of interim relief cannot claim pay for the period of unauthorized absence even if the transfer order is later set aside on procedural grounds.

administrative appeal_allowed Significant transfer order unauthorized absence pay and allowances Maharashtra Police Act 1951

Daulat Nagar, Borivali (East), Mumbai v. The State of Maharashtra

06 Sep 2024 · Revati Mohite Dere; Shyam C. Chandak
Cites 3 · Cited by 0

The Bombay High Court transferred the murder investigation of ex-Corporator Abhishek Ghosalkar to the CBI, finding lapses in the police probe and emphasizing the need for a fair, impartial, and comprehensive investigation.

criminal appeal_allowed Significant transfer of investigation CBI Article 226 fair investigation

Jayant Sanjeeva Shetty v. The State of Maharashtra

06 Sep 2024 · Amit Borkar
Cites 1 · Cited by 0

The Bombay High Court rejected bail for a Managing Director accused of illegally accepting public deposits and diverting funds, holding that prima facie offences under IPC and MPID Act are made out given the scale, entrustment, and risk of interference with justice.

criminal petition_dismissed Significant criminal breach of trust entrustment public deposits Maharashtra Protection of Interest of Depositors Act

Dhanashri Ramesh Karkhanis v. Municipal Corporation of Greater Mumbai

06 Sep 2024 · R. I. Chagla; Advait M. Sethna

The Bombay High Court held that contractual employees fulfilling eligibility criteria are entitled to maternity benefits under the Maternity Benefit Act, 1961, and quashed the denial of such benefits to the petitioner.

labor petition_allowed Significant Maternity Benefit Act, 1961 contractual employee maternity leave Section 27 Maternity Benefit Act

Volvo Group India Pvt Ltd v. Union of India

05 Sep 2024 · K. R. Shriram; Jitendra Jain

The Bombay High Court held that writ petitions challenging orders of the Revisionary Authority under Section 35EE of the Central Excise Act are maintainable before it since the appellate order forms a significant part of the cause of action arising within its jurisdiction.

administrative petition_allowed Significant jurisdiction writ petition Article 226 doctrine of merger

Miss XYZ v. The State of Maharashtra

05 Sep 2024 · A. S. Gadkari; Dr. Neela Gokhale

The Bombay High Court allowed a minor sexual assault victim to choose medical termination or continuation of pregnancy beyond 24 weeks based on Medical Board opinion, emphasizing her reproductive autonomy and directing comprehensive medical and legal support.

criminal petition_allowed Significant Medical Termination of Pregnancy minor victim sexual assault Medical Board

Vicky Apartment Co-operative Housing Society Limited v. M/s Motiram Tolaram & Ors.

05 Sep 2024 · Madhav J. Jamdar

The Bombay High Court allowed the writ petition directing the promoter to execute deemed conveyance in favor of the cooperative society as per the MOFA Agreement and statutory provisions, setting aside the Competent Authority's order dismissing the application.

property appeal_allowed Significant Maharashtra Ownership Flats Act, 1963 Deemed Conveyance Competent Authority Promoter's obligation

Hem Prabhakar Shah v. The State of Maharashtra

05 Sep 2024 · Bharati Dangre; Manjusha Deshpande
Cites 1 · Cited by 0

The Bombay High Court held the petitioner's arrest illegal for violating the mandatory 24-hour production rule and non-communication of grounds of arrest, directing his immediate release by Habeas Corpus.

criminal petition_allowed Significant arrest custody Section 57 CrPC Article 22 Constitution

Nalwa Sons Investments Limited & Ors. v. Securities and Exchange Board of India

05 Sep 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court dismissed the petition challenging SEBI's delayed show cause notice, holding that such notices should not be quashed at the threshold on grounds of delay, res judicata, or non-application of mind, and directed SEBI to furnish certain documents to the petitioners.

administrative petition_dismissed Significant show cause notice SEBI Act, 1992 delay and laches res judicata

Krishna Babaji Bhavar v. The Union of India

05 Sep 2024 · M. S. Sonak; Jitendra Jain

The Bombay High Court upheld the Tribunal's quashing of a transfer order of Indian Forest Service officers due to procedural irregularities in the Civil Services Board's recommendations, while leaving open the question of whether state or central rules govern such transfers.

administrative appeal_dismissed Significant Indian Forest Service transfer order Civil Services Board All-India Services Act, 1951

National Security Services v. The State of Maharashtra

05 Sep 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that a bidder can consolidate multiple work orders from the same financial year to meet tender eligibility criteria, setting aside the rejection of the petitioner’s bid as arbitrary.

administrative petition_allowed Significant tender eligibility criteria consolidation of work orders technical bid rejection Article 226

Khanjan Hitendra Jasani v. Krupali Khanjan Jasani and Anr.

04 Sep 2024 · Milind N. Jadhav

The Bombay High Court allowed transfer of Domestic Violence Act proceedings to the Family Court to be tried along with the pending Marriage Petition, emphasizing avoidance of multiplicity and the Family Court's jurisdiction to grant interim relief.

family appeal_allowed Significant Section 24 CPC transfer of proceedings Domestic Violence Act, 2005 Family Courts Act, 1984

Ankur Prabhakar Patil v. The State of Maharashtra & Ors.

04 Sep 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J
Cites 0 · Cited by 1

The Bombay High Court held that police officers completing their normal tenure under section 22N of the Maharashtra Police Act are not mandatorily required to be transferred out of the Mumbai Commissionerate, and mid-term transfers within the Commissionerate on administrative grounds are lawful.

administrative petition_dismissed Significant Maharashtra Police Act, 1951 Section 22N normal tenure police transfers