High Court of Bombay

4,240 judgments

Year:

Hexaware Technologies Limited v. Union of India

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

The Bombay High Court held that reassessment notices issued for AY 2015-2016 after 31st March 2021 without proper sanction and beyond limitation are invalid, quashing the reopening proceedings against Hexaware Technologies.

tax petition_allowed Significant Income Tax Act, 1961 Section 148 notice Reassessment limitation Section 149 proviso

Rekha Wasudev Ganjre v. The State of Maharashtra

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

The Bombay High Court upheld the Tribunal's Full Bench ruling prohibiting multiple applications for the same police post across units, dismissing writ petitions challenging cancellation of appointments on this ground.

administrative appeal_dismissed Significant recruitment advertisement multiple applications police constable driver Maharashtra Administrative Tribunal

Navi Mumbai Hotel Owners Association; Mahesh S. Shetty v. The District Collector; The Principal Secretary; The State of Maharashtra

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

The Bombay High Court held that liquor prohibition orders during elections must be confined to polling areas and periods as prescribed under the Representation of the People Act, 1951, and modified an excessive district-wide prohibition accordingly.

administrative appeal_allowed Significant Maharashtra Prohibition Act 1949 Representation of the People Act 1951 Section 142 Section 135-C

Purushottam Prabhakar Chavan v. Deputy Commissioner of Sales Tax (GST)

03 May 2024 · B.P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court held that a secured creditor with a registered security interest under the SARFAESI Act has priority over tax authorities' claims, entitling the auction purchaser to a clear title free of tax attachment encumbrances.

civil petition_allowed Significant SARFAESI Act CERSAI registration priority of security interest Maharashtra Value Added Tax Act

Kamladevi Raychand Shah v. Bhupendra Yashwant Ajinkya

03 May 2024 · Kishore C. Sant
Cites 1 · Cited by 0

The High Court upheld the dismissal of a suit as infructuous under its inherent powers due to dissolution of a defendant firm and merger of rights, rejecting delayed amendments and holding that the cause of action had disappeared.

civil appeal_dismissed Significant infructuous suit Section 151 CPC Order 7 Rule 11 CPC cause of action

Shalaka Projects Private Limited v. K.K.B. Properties and Another

02 May 2024 · Abhay Ahuja
Cites 1 · Cited by 0

The Bombay High Court held that a sale of property made more than two years before insolvency adjudication is valid against the Official Assignee, affirming the separate legal entity of a company and rejecting unsubstantiated allegations of collusion.

civil appeal_allowed Significant Presidency Towns Insolvency Act, 1909 Section 55 corporate veil separate legal entity

Shri Kshitij Pravin Desai & Ors. v. Chief Controlling Revenue Authority, Pune & Ors.

02 May 2024 · Gauri Godse

The Bombay High Court dismissed the petition challenging stamp duty adjudication on a sale deed, holding that acceptance and registration preclude appeal under Section 53(1A) and that valuation based on non-agricultural use was justified.

civil petition_dismissed Maharashtra Stamp Act, 1958 Section 31 adjudication Section 32B appeal Section 53(1A) appeal

Shireen Kersi Dubash v. Kersi Jai Dubash

30 Apr 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court dismissed the appeal seeking to set aside a 1987 divorce decree, holding that the appellant's long delay and participation in the decree's procurement estopped her from challenging its validity.

family appeal_dismissed Significant Parsi Marriage & Divorce Act divorce decree fraudulent decree limitation

Burzin Manek Daver v. Union of India

30 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court quashed the Look Out Circular against the petitioner in a fraud investigation, holding that mere FIR registration does not justify LOC without specific grounds and no extension was shown beyond 12 months.

criminal petition_allowed Significant Look Out Circular FIR quashing CBI investigation

DHD Infracon Pvt Ltd v. Public Work Department (West) Division

30 Apr 2024 · Devendra Kumar Upadhyaya; Arif S. Doctor

The Bombay High Court dismissed a writ petition challenging tender conditions in a government road project, holding that judicial interference is limited absent arbitrariness or mala fide, especially where petitioners failed to participate or purchase tender documents.

administrative petition_dismissed Significant tender conditions judicial review arbitrariness Article 14

Sagar Maruti Suryawanshi v. State of Maharashtra

29 Apr 2024 · A.S. Chandurkar; Jitendra Jain

The Bombay High Court held that the petitioner’s detention was lawful as he was produced before the magistrate within twenty four hours of arrest, dismissing the writ petition challenging illegal detention and remand.

criminal petition_dismissed Significant Section 167 CrPC Article 22(2) Constitution illegal detention judicial custody

Nimish Chandulal Shah and Ors. v. Central Depository Services (India) Ltd.

29 Apr 2024 · Sandeep V. Marne

The Bombay High Court set aside an arbitral award rejecting investors' claim against CDSL on forum shopping grounds, holding that intervention in regulatory proceedings does not bar independent arbitration claims under statutory indemnity.

commercial_arbitration petition_allowed Significant forum shopping doctrine of election arbitral award Section 34 Arbitration Act

Nitin Laxmidas Dama v. The State of Maharashtra & Ors.

27 Apr 2024 · Alok Aradhe, CJ; Sandeep V. Marne, J

The Bombay High Court held that the financial credentials of partners can satisfy a partnership firm's eligibility in tenders and declined to interfere with the allotment made to Respondent No.6, dismissing the petition challenging the tender process.

administrative petition_dismissed Significant tender eligibility partnership firm financial turnover net worth

Starlift Services Pvt. Ltd. v. Alba Asia Pvt. Ltd. and others

26 Apr 2024 · Manish Pitale

The Bombay High Court dismissed the contempt petition against company directors for non-deposit of a court-ordered sum, holding no willful disobedience amid financial difficulties and COVID-19 impact, clarifying the scope of Section 12(5) of the Contempt of Courts Act and self-operating clauses in court orders.

civil petition_dismissed Significant Contempt of Courts Act, 1971 civil contempt willful disobedience Section 12(5)

M/s. Poonam Builders v. ACIT, Central Circle - 8(4), Mumbai & Ors.

26 Apr 2024 · K.R. Shriram; Dr. Neela Gokhale
Cites 0 · Cited by 1

The Bombay High Court quashed a reassessment notice under Section 148 as barred by the proviso to Section 147 since the issue was already under appeal before the CIT(A).

tax petition_allowed Significant Income Tax Act, 1961 Section 147 proviso Reassessment Section 80-IB(10)

Govind Laxman Bawkar v. Mrs. Pramila Prakash Sodye & Ors.

26 Apr 2024 · Gauri Godse

The Bombay High Court allowed a senior citizen's petition under the Senior Citizens Act directing his children to vacate his residential premises, holding that children have no vested right to reside in parents' property during their lifetime and the Tribunal must protect senior citizens from harassment.

family appeal_allowed Significant Senior Citizens Act Section 5 maintenance tribunal right to residence

HDFC Bank Limited v. Bank of Bahrain & Kuwait BSC

26 Apr 2024 · M.S. Sonak; Jitendra Jain

The Bombay High Court set aside the DRAT's remand order, directing it to decide the appeals on merits without further remand, emphasizing that appellate courts must not routinely remand matters when sufficient material exists to decide issues including jurisdiction.

civil appeal_allowed Significant Debt Recovery Tribunal Debt Recovery Appellate Tribunal Section 2(g) Recovery of Debts and Bankruptcy Act jurisdiction

Gramastha Mandal Kundevahal v. State of Maharashtra

26 Apr 2024 · M.S. Sonak; Jitendra Jain

The Bombay High Court held that the Land Acquisition Officer lacked jurisdiction to decide apportionment disputes under Section 19-C(4) of the Maharashtra Highways Act, set aside the illegal disbursal of compensation, and directed referral of the dispute to the Principal Civil Court.

administrative appeal_allowed Significant Maharashtra Highways Act, 1955 Section 19-C Land Acquisition Officer Apportionment dispute

Navin Popatlal Shah & Nitin Sundraji Shah v. The State of Maharashtra & Ors.

25 Apr 2024 · B.P. Colabawalla; Somasekhar Sundaresan

The Bombay High Court upheld the State's power under Section 36A of the Maharashtra Land Revenue Code to impose a minimum price condition based on current Ready Reckoner rates for transfer of tribal land to non-tribals, dismissing the petition challenging the valuation date and price condition.

property petition_dismissed Significant Section 36A Maharashtra Land Revenue Code tribal land transfer minimum price condition Ready Reckoner value

Milind Balaso Gadhave v. The State of Maharashtra

25 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court allowed partial clubbing and transfer of multiple criminal cases against the petitioner to avoid multiplicity of trials and delay, while rejecting transfer of cases involving multiple accused and investors.

criminal petition_allowed Significant clubbing of cases multiple criminal cases MPID Act charge-sheet