High Court of Bombay

5,131 judgments

Year:

Kores (India) Ltd. v. Ashish Kumar Ahooja

04 Jun 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal against acquittal in a cheque bounce case, holding that the accused failed to rebut the presumption under Section 139 of the NI Act and is liable to pay the amount due for goods supplied.

criminal appeal_allowed Significant Section 138 Negotiable Instruments Act Section 139 presumption Dishonour of cheque Rebuttal of presumption

Dr. Mehernosh Jamshed Jassawalla v. Dr. Lalitrao Bhaskarrao Patil and Ors.

04 Jun 2024 · Sandeep V. Marne

The Bombay High Court held that the Charity Commissioner can entertain removal applications against trustees under Section 41D of the Maharashtra Public Trust Act despite pending Change Reports under Section 22, as confirmed trusteeship status is not a precondition for such disciplinary action.

administrative petition_dismissed Significant Maharashtra Public Trust Act, 1950 Section 22 Change Reports Section 41D removal of trustees Charity Commissioner jurisdiction

Zensar Technologies Limited v. The Regional Provident Fund Commissioner-I, Pune

31 May 2024 · Sandeep V. Marne

The High Court held that rejection of a review application under Section 7B does not bar filing a substantive appeal under Section 7-I against the original order under Section 7A of the Employees Provident Fund Act, and dismissed the writ petition accordingly.

administrative appeal_dismissed Significant Employees Provident Fund Act Section 7A Section 7B Section 7-I

Infantry Security and Facilities v. The Income Tax Officer, Ward 4(5)

29 May 2024 · G. S. Kulkarni; Advait M. Sethna

The Bombay High Court held that the Income Tax Appellate Tribunal cannot amend its order under Section 254(2) based on a subsequent Supreme Court decision and that such rectification applications filed beyond six months are barred by limitation.

tax appeal_allowed Significant Section 254(2) Income Tax Act rectification jurisdiction mistake apparent on record limitation period

Pradip s/o Prabhakar Kolhe v. The State of Maharashtra

16 May 2024 · M.S. Karnik; Kamal Khata

The Bombay High Court held that public authorities cannot withhold deposits collected for event permissions without legal authority and directed refund of the amount withheld by the SDO along with interest.

administrative petition_allowed Significant refund of deposit temporary Non-Agricultural charges unjust enrichment Article 14

Pandurang Punja Avhad v. Director, The Automotive Research Association of India

15 May 2024 · Sandeep V. Marne

The court held that the State Government is the appropriate government for ARAI and that the petitioner, being in a supervisory capacity, is not a 'workman' under the Industrial Disputes Act, dismissing his challenge to termination.

labor petition_dismissed Significant Appropriate Government Industrial Disputes Act, 1947 workman definition supervisory duties

Maharashtra Conductors Association v. State of Maharashtra

10 May 2024 · A. S. Chandurkar; Jitendra Jain

The Bombay High Court restored a writ petition withdrawn with liberty after alternative proceedings under the MSMED Act were held not maintainable but rejected the petitioner's request to convert the writ petition into a Section 34 arbitration challenge application in absence of an arbitral award.

civil appeal_allowed Significant Writ Petition restoration MSMED Act 2006 Section 2(n) supplier definition Arbitration and Conciliation Act 1996

Echjay Industries Pvt Ltd. & Ors. v. Mr. Rajendra & Ors.

10 May 2024 · K. R. Shriram; Dr. Neela Gokhale

The Bombay High Court quashed search and seizure under Section 132 of the Income Tax Act for lack of credible reason to believe, emphasizing strict compliance with procedural safeguards and non-disclosure of satisfaction notes to the assessee at the search stage.

tax appeal_allowed Significant Section 132 Income Tax Act search and seizure reason to believe satisfaction note

Vidya Rajaram Bandiwadekar & Ors. v. State of Maharashtra & Ors.

10 May 2024 · A.S. Chandurkar; Jitendra Jain

The High Court held that the Deputy Charity Commissioner cannot adjudicate membership validity under Section 41-A of the Maharashtra Public Trusts Act, 1950, and set aside directions restricting election participation and amendment of bye-laws based on such findings.

administrative appeal_allowed Significant Maharashtra Public Trusts Act, 1950 Section 41-A Section 50-A membership validity

Shri Shripad Dwarkanath Gupte & Ors. v. Union of India & Ors.

10 May 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J.

The Bombay High Court dismissed the writ petition challenging the grade-wise promotion policy of Artisan Staff in Naval Dockyard Mumbai, upholding the validity of combined seniority promotions and rejecting claims of prejudice and delay.

administrative petition_dismissed Artisan Staff Promotion policy Trade-wise seniority Grade-wise seniority

Maharashtra State Board for Technical Education v. Taramati Santosh Taji

10 May 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court upheld the setting aside of a probationer's stigmatic termination order issued without enquiry, directing reinstatement and completion of probation.

administrative appeal_dismissed Significant termination of probationer stigmatic termination enquiry before termination natural justice

Eshtiyaq Ahmed Mushtaq Ahmed Qureshi v. The State of Maharashtra and Anr.

10 May 2024 · N.J. Jamadar

The Bombay High Court quashed an externment order for lack of objective material supporting the requisite subjective satisfaction under section 57(1)(a)(i) of the Maharashtra Police Act, emphasizing that mere conviction is insufficient to justify externment.

criminal petition_allowed Significant externment order Maharashtra Police Act 1951 section 57(1)(a)(i) subjective satisfaction

Ulhas Shikshan Sanstha Classic Heights v. Laxman Dagdu Mhaske

10 May 2024 · Gauri Godse

The court upheld that a valid appointment to Head Master cannot be invalidated by a pre-appointment statement of unwillingness or non-approval by the Education Officer, and an illegal reduction in rank without following procedure is liable to be set aside.

labor petition_dismissed Significant MEPS Act Head Master appointment Reduction in rank Approval by Education Officer

Kores (India) Ltd. v. Ashish Kumar Ahooja

10 May 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court allowed the appeal of Kores India Ltd., holding that the accused failed to rebut the presumption of liability under Section 139 of the Negotiable Instruments Act for dishonoured cheques issued towards payment for goods supplied.

criminal appeal_allowed Significant Negotiable Instruments Act Section 138 Section 139 presumption of liability

M/s Bhavsar Construction Co. Pvt. Ltd. v. M/s Oyster Shipmanagement Private Limited

09 May 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court upheld the lawful compromise between plaintiffs and developers disposing of a suit, dismissing appellants' challenge that the consent terms prejudiced their rights under a joint venture agreement.

civil appeal_dismissed Significant Consent Terms Joint Venture Agreement Letters of Allotment Maharashtra Ownership of Flats Act

Deelip Tatoba Raje v. The State of Maharashtra

09 May 2024 · S. M. Modak
Cites 1 · Cited by 0

The Bombay High Court set aside a sexual offence conviction relying solely on Section 164 statements and corroborative evidence when the victim and witnesses turned hostile, emphasizing strict adherence to evidentiary principles.

criminal appeal_allowed Significant hostile witness Section 164 CrPC statement corroborative evidence medical evidence

Indirabai Narayan Bivalkar and Ors v. Yadav Ganpat Mhatre and Ors

09 May 2024 · Gauri Godse

The High Court set aside the MRT order restoring fixation of purchase price in favor of respondents claiming tenancy rights, holding that final rejection of tenancy claims precludes such fixation and ordering inquiry into alleged fraud and forgery.

property appeal_allowed Significant Maharashtra Tenancy and Agricultural Lands Act, 1948 Section 70(b) Section 32G Section 76A

Maharashtra State Road Transport Corporation v. M.B. Kolhe

08 May 2024 · Sandeep V. Marne
Cites 0 · Cited by 1

The High Court allowed MSRTC's writ petition, setting aside orders reinstating a driver dismissed for rash driving causing death and fleeing the accident spot, holding dismissal justified and penalty not shockingly disproportionate.

labor appeal_allowed Significant dismissal proportionality of penalty rash and negligent driving fleeing accident spot

Shaikh Masud Ismail Shaikh & Ors. v. The Union of India & Ors.

08 May 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J
Cites 1 · Cited by 0

The Bombay High Court upheld the State Government's notifications renaming Aurangabad and Osmanabad cities and revenue areas, ruling that the Maharashtra Land Revenue Code's procedural requirements do not apply to city renaming and no fundamental rights were violated.

constitutional appeal_dismissed Significant renaming of cities Maharashtra Land Revenue Code Section 4 MLRC fundamental rights

Imran Humayun Chandiwala v. The State of Maharashtra

08 May 2024 · N.J. Jamadar
Cites 1 · Cited by 0

The High Court allowed the writ petition restoring vehicle registration cancelled on the basis of forged documents, holding that an innocent purchaser complying with Settlement Commission orders cannot be penalized disproportionately.

administrative petition_allowed Significant Motor Vehicles Act, 1988 Section 55(5) Customs Act, 1962 Settlement Commission