High Court of Bombay

5,131 judgments

Year:

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

Kshitija Vijay Kakade v. The State of Maharashtra & Triveni Sachin Chabukswar

04 Sep 2024 · A. S. Gadkari; Dr Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court quashed the FIR against the petitioner holding that a girlfriend does not fall within the definition of 'relative' under Section 498-A IPC and continuation of proceedings would be an abuse of process of law.

criminal petition_allowed Significant Section 498-A IPC relative definition quashing of FIR abuse of process

Santosh Vishnu Mardhekar v. Arun Shamrao Mardhekar

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

The Bombay High Court set aside an interim injunction in a trademark infringement suit, holding that the plaintiff cannot claim infringement when not using the registered trademark on packaging and that injunction relief must align with pleadings.

civil appeal_allowed Significant trademark infringement interlocutory injunction registered trademark use passing off

M/s. Mobile Arts S.A.L. v. M/s. Mauj Mobile Private Ltd.

02 Sep 2024 · Milind N. Jadhav

The Bombay High Court allowed the writ petition, setting aside the trial court's order granting unconditional leave to defend in a summary suit where the defendant admitted the contract and debt but failed to pay, holding that summons for judgment must be made absolute.

civil appeal_allowed Significant summary suit leave to defend Order XXXVII CPC Section 65B Indian Evidence Act

Shri Vasantrao Chougule Nagari Sahakari Pat Sanstha Ltd. v. State of Maharashtra

02 Sep 2024 · R.M. Joshi

The Bombay High Court upheld the validity of a Sale Confirmation Certificate under the Maharashtra Co-operative Societies Act, ruling that the legal heirs' delayed challenge to an auction sale conducted after the borrower's death was barred by procedural rules.

civil appeal_allowed Significant Maharashtra Co-operative Societies Act, 1960 Rule 107 Maharashtra Co-operative Societies Rules, 1961 Sale Confirmation Certificate auction sale

Just Universal Pvt. Ltd. v. The State of Maharashtra & Ors.

02 Sep 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J.
Cites 2 · Cited by 0

The Bombay High Court upheld the disqualification of petitioners from a government tender for failing to meet eligibility criteria related to providing manpower, emphasizing judicial restraint in tender matters absent arbitrariness or mala fides.

administrative appeal_dismissed Significant tender process technical evaluation eligibility criteria providing manpower

Minaxi Rohit Biradar v. Rohit Bhimashankar Biradar

30 Aug 2024 · Milind N. Jadhav
Cites 1 · Cited by 0

The Bombay High Court allowed the wife's application to transfer matrimonial proceedings from Mumbai to Pune, emphasizing the paramount importance of her convenience under Section 24 CPC and rejecting the husband's objections.

family appeal_allowed Significant transfer of proceedings Section 24 CPC matrimonial petition convenience of wife

Rajiv S. Somani v. The State of Maharashtra & Ors.

30 Aug 2024 · R. M. Joshi, J.

The Bombay High Court dismissed the petition challenging the Revenue Minister's order restoring mutation in favor of Mrs. Lukmani, holding that revenue authorities lack jurisdiction to decide disputed gift validity and religious faith, which are civil court matters.

property petition_dismissed Significant Maharashtra Land Revenue Code, 1966 gift under Mohammedan law mutation of land records possession for gift

Kalaskarwadi Vividh Karyakari Seva Sahakari Sanstha Maryadit v. State of Maharashtra

30 Aug 2024 · A. S. Chandurkar; Jitendra Jain
Cites 1 · Cited by 0

The Bombay High Court held that a government corrigendum effecting substantive policy change without mandatory procedural approval is invalid, but registrations granted under it during the interim period are protected to avoid economic disruption.

administrative appeal_allowed Significant corrigendum government resolution Primary Agricultural Credit Cooperative Society Maharashtra Rules of Business

Suresh Agarwal & Ors. v. Sudhir Agarwal & Ors.

30 Aug 2024 · Amit Borkar

The Bombay High Court held that a cooperative society's managing committee must maintain more than two thirds elected members throughout its tenure to remain validly constituted, and falling below this threshold due to resignations invalidates the committee, requiring fresh elections or intervention.

administrative appeal_dismissed Significant managing committee constitution Maharashtra Cooperative Societies Act Section 154B-19 reserved seats

Nandkishor Shivdin Sahu & Ors. v. Sanjeevani Naresh Patil & Ors.

29 Aug 2024 · R. M. Joshi

The High Court held that the Maintenance Tribunal cannot cancel a gift deed on vague non-maintenance allegations without specific findings under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and such validity disputes must be adjudicated by a civil court.

civil petition_allowed Significant Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23 gift deed cancellation senior citizen maintenance

Amar S. Mulchandani v. Directorate of Enforcement; Vinay v. The State of Maharashtra

29 Aug 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court held that closure of the predicate offence FIR does not render the related ECIR under the PMLA non est and upheld the subsuming of subsequent FIRs into the ECIR for comprehensive money laundering investigation.

criminal petition_dismissed Significant Prevention of Money Laundering Act, 2002 Enforcement Case Information Report (ECIR) predicate offence subsuming FIRs

Joshua Henry Fernandes v. Deepa Punjani

29 Aug 2024 · Milind N. Jadhav

The Bombay High Court allowed transfer of matrimonial and custody proceedings from Goa to Mumbai, prioritizing the wife's convenience and hardship under Section 24 CPC.

family appeal_allowed Significant Section 24 CPC transfer of proceedings matrimonial dispute custody

Shri Bhagwant Dagadu Chambhar v. Sou. Tarabai @ Hirabai Nivrutti Sonawane

29 Aug 2024 · Madhav J. Jamdar
Cites 2 · Cited by 0

The Bombay High Court held that daughters whose fathers died before the Hindu Succession Act, 1956 came into force are entitled to coparcenary rights by birth under the 2005 Amendment to Section 6 of the Act, affirming the Appellate Court’s decree granting the daughter a 1/4th share in ancestral property.

property appeal_dismissed Significant Hindu Succession Act, 1956 Section 6 Hindu Succession (Amendment) Act, 2005 coparcenary rights