High Court of Bombay

4,240 judgments

Year:

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

Rupali Ramesh Desai v. M/s. Padmavati Housing Corporation & Ors.

18 Jul 2024 · SOMASEKHAR SUNDARESAN
Cites 2 · Cited by 0

The Bombay High Court held that limitation issues are to be decided by the Arbitral Tribunal and appointed an arbitrator while allowing joinder of third party transferees in arbitration proceedings.

arbitration appeal_allowed Significant Section 11 Arbitration Limitation Bar Arbitral Tribunal Jurisdiction Third Party Joinder

Jafar @ Chikna Jafar Mohammad Khan Deshmukh v. State of Maharashtra

16 Jul 2024 · Sarang V. Kotwal

The Bombay High Court set aside the convictions of two accused under IPC and MCOCA for chain snatching due to failure of prosecution to prove identity, unreliable recovery, inadmissible confession, and lack of corroboration.

criminal appeal_allowed Significant chain snatching identity of accused confession MCOCA

Siddhartha Sudhir Moravekar v. Serious Fraud Investigation Office

16 Jul 2024 · Revati Mohite Dere; Arun R. Pedneker

The Bombay High Court quashed a Look Out Circular against a cooperating accused, holding that LOCs cannot be issued routinely and must respect the fundamental right to travel under Article 21.

criminal petition_allowed Significant Look Out Circular LOC Article 21 fundamental right to travel

Maharashtra State Electricity Distribution Co. Ltd. v. M/s. Jindal Polyfilms Ltd.

16 Jul 2024 · Sharmila U. Deshmukh
Cites 4 · Cited by 0

The Bombay High Court upheld CGRF orders directing MSEDCL to refund excess electricity charges with interest, affirming the applicability of limitation and statutory interest under the Electricity Act.

administrative appeal_dismissed Significant Electricity Act, 2003 Maharashtra Electricity Regulatory Commission Consumer Grievance Redressal Forum Additional Energy Charges

M/s. Krishna Constructions v. Mr. Subhash Uttam Dalvi

16 Jul 2024 · Gauri Godse

The court upheld the interim injunction restraining the promoter from carrying out additional construction without valid informed consent under MOFA, emphasizing the promoter's obligation of full disclosure and balancing the rights of flat purchasers.

civil appeal_dismissed Significant Maharashtra Ownership Flats Act MOFA informed consent additional construction

Momin Moiuddin Gulam Hasan & Ors. v. The State of Maharashtra & Ors.

15 Jul 2024 · Revati Mohite Dere; Gauri Godse
Cites 1 · Cited by 0

The Bombay High Court held that extension of time to file chargesheet solely on the ground of awaiting sanction under UAPA is illegal, entitling accused to default bail under Section 167(2) CrPC.

criminal appeal_allowed Significant extension of time chargesheet default bail Section 167(2) CrPC

Huhtamaki India Limited v. The State of Maharashtra & Ors.

15 Jul 2024 · B. P. Colabawalla; Firdosh P. Pooniwalla

The Bombay High Court held that the one-time premium under the ULC Act Government Resolutions can only be charged on surplus exempted vacant land and ordered refund of excess premium paid on the entire land.

administrative petition_allowed Significant Urban Land Ceiling Act one-time premium surplus exempted vacant land Government Resolution