High Court of Bombay
4,240 judgments
Kshitija Vijay Kakade v. The State of Maharashtra & Triveni Sachin Chabukswar
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.
Santosh Vishnu Mardhekar v. Arun Shamrao Mardhekar
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.
M/s. Mobile Arts S.A.L. v. M/s. Mauj Mobile Private Ltd.
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.
Shri Vasantrao Chougule Nagari Sahakari Pat Sanstha Ltd. v. State of Maharashtra
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.
Just Universal Pvt. Ltd. v. The State of Maharashtra & Ors.
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.
Minaxi Rohit Biradar v. Rohit Bhimashankar Biradar
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.
Rajiv S. Somani v. The State of Maharashtra & Ors.
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.
Kalaskarwadi Vividh Karyakari Seva Sahakari Sanstha Maryadit v. State of Maharashtra
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.
Suresh Agarwal & Ors. v. Sudhir Agarwal & Ors.
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.
Nandkishor Shivdin Sahu & Ors. v. Sanjeevani Naresh Patil & Ors.
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.
Amar S. Mulchandani v. Directorate of Enforcement; Vinay v. The State of Maharashtra
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.
Joshua Henry Fernandes v. Deepa Punjani
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.
Shri Bhagwant Dagadu Chambhar v. Sou. Tarabai @ Hirabai Nivrutti Sonawane
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.
Dattatraya Ramchandra Chinchalikar v. The Collector of Sangli
The High Court enhanced compensation in two land acquisition appeals by directing proper consideration of comparable sale instances for market value and held that additional solatium under Section 23(1-A) is not payable for awards made before 30.04.1982.
Mr. Anil Dnyandev Pawar v. The State of Maharashtra
The Bombay High Court quashed criminal proceedings against a family accused of cheating in a broken matrimonial engagement, holding that mere silence about a daughter's relationship does not constitute a cognizable offence under IPC Section 420.
Priyanka Hirlekar v. Mayur Hirlekar
The Bombay High Court allowed transfer of a matrimonial petition from Mumbai to Nagpur prioritizing the wife’s hardship and convenience under Section 24 CPC, despite opposition based on hardship to the husband’s representative.
Shivaji Education Society v. State of Maharashtra
Termination of a permanent school employee without prior approval of the Education Officer under Rule 26 of Maharashtra Employees of Private Schools Regulation Act is illegal, warranting reinstatement.
Sir Jamsetjee Jejeebhoy Charity Fund v. Income Tax Officer (Exemption)
The Bombay High Court held that a charitable trust complied with Section 11(2) of the Income Tax Act by filing Form 10 and providing a trustees' resolution, and quashed reassessment notices issued based on a mere change of opinion without new material.
Vascon Engineers Limited v. Universal Builders
The Bombay High Court upheld the appointment of an arbitrator under Section 11 of the Arbitration Act, rejecting the recall application despite the Original Respondent's absence at hearing and objections on limitation and stamping, emphasizing minimal judicial interference and leaving substantive issues to the Arbitral Tribunal.
Suhas Ganpat Mahajan & Ors. v. Prabhakar Laxman Dhage
A registered agreement for sale with delivery of possession entitles the purchaser to maintain a suit for injunction to protect possession even without a registered sale deed, and rejection of plaint under Order VII Rule 11(d) CPC is improper where triable issues exist.