High Court of Bombay

5,131 judgments

Year:

Ahmed Fakirsaheb Kokani and Ors. v. Shri Mohammedsaheb Hasansaheb Khatib and Ors.

25 Jul 2024 · Gauri Godse · 2000(1) Mh LJ 685

The Bombay High Court held that a Sanad granted under Section 133 of BLRC is a permanent and transferable grant, not a lease, and quashed the resumption and revision orders passed without hearing the petitioner.

property appeal_allowed Significant Sanad Bombay Land Revenue Code Maharashtra Land Revenue Code resumption of land

Sneha Akshay Garg v. Nil

25 Jul 2024 · Gauri Godse

The Bombay High Court allowed waiver of the six-month cooling off period under Section 13-B(2) of the Hindu Marriage Act and granted divorce by mutual consent, emphasizing a pragmatic approach where reconciliation is impossible.

family petition_allowed Significant Hindu Marriage Act 1955 Section 13-B cooling off period mutual consent divorce

Dattatraya Irranna Kurle v. Maharashtra State Electrical Board

25 Jul 2024 · Prithviraj K. Chavan

The Bombay High Court held that an employee’s resignation, once accepted and communicated, cannot be withdrawn and the employment relationship ceases, dismissing the appeal challenging acceptance of resignation and refusal of reinstatement.

civil appeal_dismissed Significant resignation withdrawal acceptance of resignation employment termination locus poenitentiae

Rizwan Ibrahim Momin v. The State of Maharashtra

25 Jul 2024 · Revati Mohite Dere; Gauri Godse

The Bombay High Court allowed bail to an accused under UAPA, holding that absence of reasonable grounds to believe accusations are prima facie true overcomes the statutory bar under Section 43-D(5).

criminal appeal_allowed Significant UAPA bail Section 43-D(5) harboring

Shree Ganesh Enterprises v. The City and Industrial Development Corporation of Maharashtra Limited

23 Jul 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J · 2014 (5) Mh. L. J. 399
Cites 1 · Cited by 0

The Bombay High Court upheld CIDCO's cancellation of the highest bid for a plot, ruling that acceptance of the highest tender is a commercial decision subject to relevant considerations and limited judicial review against arbitrariness.

administrative petition_dismissed Significant tender cancellation highest bidder commercial decision arbitrariness

Abdur Rahman v. Union of India

23 Jul 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court held that the Central Government must apply its mind before accepting voluntary retirement of an IPS officer and upheld its refusal to accept retirement due to pending disciplinary proceedings.

administrative petition_dismissed Significant voluntary retirement Indian Police Service Rule 16(2A) 1958 Rules Central Government acceptance

Tanpreen Kohli and Anr. v. Indus Towers Ltd.

22 Jul 2024 · Milind N. Jadhav

The Bombay High Court held that disputes arising from a leave and license agreement for an open plot involving recovery of license fees fall exclusively within the jurisdiction of the Court of Small Causes under Section 41 of the Presidency Small Causes Courts Act, 1882, and not the Civil Court.

civil other Significant leave and license agreement jurisdiction Court of Small Causes license fee

Hemprabha Co-operative Housing Society Ltd. v. Kishore C. Waghela & Ors.

22 Jul 2024 · Sharmila U. Deshmukh

The Bombay High Court held that disputes over recovery of society property allotted to employees as servant quarters after termination fall within the management of the society under Section 91 of the MCS Act, affirming Co-operative Court jurisdiction.

civil appeal_allowed Significant Maharashtra Cooperative Societies Act, 1960 Section 91 jurisdiction management of society tenant co-partnership housing society

Bharat Box and Bobbin Industries v. The Employees State Insurance Corporation

22 Jul 2024 · ARUN R. PEDNEKER

The Bombay High Court held that mere cash book payments without evidence of actual employment do not establish ESI coverage, allowing the appellant's appeal and setting aside the ESIC order.

labor appeal_allowed Significant Employees’ State Insurance Act, 1948 Section 45-A Section 75 employee definition

Ajay Melwani v. The State of Maharashtra

22 Jul 2024 · A. S. Gadkari; Dr Neela Gokhale · 2024 BHC-AS 28748-DB
Cites 1 · Cited by 0

The Bombay High Court held that ignorance of a Government Notification published in the Official Gazette is no defence under the NDPS Act and refused to quash the FIR against the director of a pharmaceutical company for exporting a controlled substance without mandatory clearance.

criminal petition_dismissed Significant NDPS Act No Objection Certificate Ignorance of law Official Gazette publication

Ajay Melwani v. The State of Maharashtra

22 Jul 2024 · A. S. Gadkari; Dr Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court held that ignorance of a Government Notification published in the Official Gazette is no defence under the NDPS Act and refused to quash the FIR against the director for exporting a controlled substance without mandatory clearance.

criminal petition_dismissed Significant NDPS Act No Objection Certificate Ignorance of law Delegated legislation

NVS Rajesh v. The State of Maharashtra

22 Jul 2024 · Bharati Dangre; Manjusha Deshpande

The Bombay High Court allowed habeas corpus petitions directing return of custody of children to petitioners, holding that the Child Welfare Committee lacked jurisdiction as the children were not 'in need of care and protection' under the Juvenile Justice Act.

criminal appeal_allowed Significant habeas corpus juvenile justice act child custody child welfare committee

State of Maharashtra v. Baban Yeshwant Ghuge

19 Jul 2024 · A.S. Chandurkar; Jitendra Jain

Gratuity under Maharashtra Civil Services (Pension) Rules, 1982 is payable only after final conclusion of judicial proceedings, including appeals, and cannot be released merely on acquittal at trial stage.

administrative appeal_allowed Significant gratuity pension judicial proceedings acquittal

Akhil Bharatiya Samajwadi Adhyapak Sabha & Ors. v. State of Maharashtra & Ors.

19 Jul 2024 · Devendra Kumar Upadhyaya, CJ; Amit Borkar, J

The Bombay High Court upheld the Maharashtra Amendment Rules limiting private unaided schools' obligation under the RTE Act to admit disadvantaged children within 1 km of government/aided schools, holding the rules valid and constitutional.

constitutional appeal_dismissed Significant Right to Education Article 21-A RTE Act 2009 Private Unaided Schools

Manoj Ramesh Waghela v. The State of Maharashtra

19 Jul 2024 · Sarang V. Kotwal

The Bombay High Court acquitted both accused in a bribery case due to failure of prosecution to prove demand and acceptance of bribe beyond reasonable doubt, emphasizing the necessity of producing critical evidence like recorded conversations.

criminal appeal_allowed Significant Prevention of Corruption Act, 1988 bribery demand and acceptance of bribe anthracene powder

M/s. Jayantilal Investments v. Madhuvihar Co-operative Housing Society Ltd.

19 Jul 2024 · Milind N. Jadhav

The Bombay High Court dismissed the writ petition challenging execution proceedings, holding that the executing court properly considered objections and that vexatious delay tactics by the judgment debtor must be curbed with exemplary costs.

civil petition_dismissed Significant Order XXI Rule 22 CPC execution proceedings appellate decree Bombay Amendment

Mahesh Pandurang Naik v. The State of Maharashtra & Anr.

18 Jul 2024 · Bharati Dangre; Manjusha Deshpande
Cites 4 · Cited by 0

The Bombay High Court held that failure to furnish written grounds of arrest violates Article 22(1) and Section 50 Cr.P.C., rendering the arrest and subsequent remand orders illegal, and ordered the petitioner's release on bail.

criminal appeal_allowed Significant Article 22(1) Constitution of India Section 50 Cr.P.C. grounds of arrest in writing illegal arrest

Kartik Mohan Prasad v. State of Maharashtra

18 Jul 2024 · A. S. Gadkari; Dr Neela Gokhale
Cites 1 · Cited by 0

The Bombay High Court granted bail to a petitioner incarcerated for over seven years, holding that prolonged pre-trial detention exceeding maximum sentence violates Article 21 rights, and bail cannot be withheld as punishment despite statutory bail conditions.

criminal petition_allowed Significant prolonged incarceration bail Article 21 MPID Act

Ashok Kumar Gautam v. Bhagwan Kashinath Narsale & State of Maharashtra

18 Jul 2024 · A. S. Gadkari; Dr Neela Gokhale
Cites 2 · Cited by 0

The Bombay High Court dismissed the petition to quash criminal proceedings for cheating where the petitioner failed to register an E-rickshaw despite promising to do so, holding that prima facie case exists and ignorance of law is no defense.

criminal petition_dismissed Significant Section 420 IPC Section 482 CrPC quashing of criminal proceedings cheating

Aher Sanjay Bajirao v. The State of Maharashtra

18 Jul 2024 · Ravindra V. Ghuge; Ashwin D. Bhobe

The Bombay High Court set aside the rejection of approval for a teacher's appointment due to irregular recruitment practices, directing approval while penalizing the management for violating constitutional mandates of transparency and fairness.

administrative petition_allowed Significant MEPS Act public employment transparency recruitment advertisement