High Court of Bombay

5,131 judgments

Year:

Hindustan Export & Import Corporation Private Limited v. The Deputy Commissioner of Income-tax

07 May 2024 · K. R. Shriram; Dr. Neela Gokhale
Cites 3 · Cited by 0

The Bombay High Court upheld the rejection of deduction under Section 80-O of the Income Tax Act where the appellant failed to prove furnishing of commercial knowledge or technical services beyond sharing newspaper cuttings, affirming the Assessing Officer's jurisdiction to verify compliance despite prior approval of the agreement.

tax appeal_dismissed Significant Section 80-O Income Tax Act deduction under Section 80-O approval of agreement Assessing Officer jurisdiction

Prasad Dattajirao Patil v. M/s. Chaudhary Construction Company & Ors

07 May 2024 · Milind N. Jadhav

The Bombay High Court set aside the Trial Court's order allowing amendment to implead the petitioner personally as defendant, holding that such amendment was barred by limitation and changed the suit's nature impermissibly.

civil petition_allowed Significant Order VI Rule 17 CPC Order I Rule 10(2) CPC amendment of plaint trustee liability

Chiplun Sand Mining & Trading Corporation v. The State of Maharashtra

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

The Bombay High Court held that the State cannot unilaterally apply a revised sand mining policy to contracts executed under an earlier policy, affirming the principle that contractual terms cannot be altered without mutual consent.

administrative petition_allowed Significant promissory estoppel contract modification government resolution sand mining policy

Naresh Govind Vaze v. High Court of Bombay; Government of Maharashtra

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

The Bombay High Court upheld procedural Rules regulating parties appearing in person, holding they are reasonable, valid, and do not violate constitutional rights.

constitutional petition_dismissed Significant party-in-person fundamental rights Article 19(1)(a) High Court procedural rules

Abhijit S. Shingote v. The State of Maharashtra & Ors.

07 May 2024 · A.S. Gadkari; Shyam C. Chandak

The Bombay High Court allowed the writ petition directing repatriation of a minor child to the USA with her father, emphasizing the child's best interest over parental claims and recognizing the limited enforceability of foreign custody orders in India.

family appeal_allowed Significant child custody habeas corpus best interest of child parental abduction

Sonalkumar Sureshrao Salunkhe & Ors. v. The Assistant Controller of Patents

06 May 2024 · Firdosh P. Pooniwalla

The Bombay High Court held that an order deeming a patent application abandoned under Section 21(1) of the Patents Act is not appealable under Section 117A, dismissing the petition for lack of jurisdiction.

intellectual_property petition_dismissed Significant Patents Act, 1970 Section 21(1) Section 15 Section 117A

Shubham Sunil Pore v. The Union of India

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

The Bombay High Court upheld the decision to drop an ambiguously advertised petrol pump dealership location, holding no enforceable right arose from selection by draw of lots and dismissing the writ petition.

administrative petition_dismissed Significant writ petition dealership selection draw of lots advertisement ambiguity

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