High Court of Bombay

4,240 judgments

Year:

Global Waste Management Cell Pvt. Ltd. v. Panvel Municipal Corporation

24 Apr 2024 · Devendra Kumar Upadhyaya, CJ; Arif S. Doctor, J

The Bombay High Court upheld the rejection of a bidder's technical bid for failing to meet the tender's experience criteria, ruling that multiple contracts cannot be aggregated to constitute a single project under the tender conditions.

administrative petition_dismissed Significant tender eligibility criteria municipal solid waste project technical bid rejection project vs contract

Ved Prakash Arya v. The State of Maharashtra & The Competent Authority

24 Apr 2024 · A.S. Gadkari; Shyam C. Chandak

The Bombay High Court dismissed the appeal of Ved Prakash Arya, holding that the sale deed must be executed in the name of the partnership firm M/s. Arya Lusters Associates, not the appellant individually, reaffirming the finality of auction orders and prohibiting change of party status post-finality.

criminal appeal_dismissed Significant auction partnership firm authorized agent sale deed

Aniruddha Ganesh Pathak v. Registrar General

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

The Bombay High Court dismissed the writ petition challenging the removal of a judicial officer for proven misconduct, holding that disciplinary authority’s decision under proper procedure is not liable to interference under Article 226.

administrative petition_dismissed Significant judicial service disciplinary enquiry removal from service judicial misconduct

Shivaji Baburao Avhad v. The Special Commissioner of Sales Tax

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

The Bombay High Court dismissed the writ petition challenging a suspension order confirmed by the Tribunal, holding that delay was unjustified and the issue had attained finality by a prior Coordinate Bench order.

administrative petition_dismissed suspension order departmental enquiry delay in filing writ petition finality of orders

Sunny Arjun Sonavane v. The State of Maharashtra

23 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court upheld the conviction and life sentence of the appellant for murder by setting the victim on fire, relying on credible eyewitness evidence despite infirmities in the dying declaration.

criminal appeal_dismissed Section 302 IPC murder eyewitness testimony dying declaration

Sunrise Biscuit Company Pvt. Ltd. v. Oriental Insurance Company

22 Apr 2024 · Abhay Ahuja

The Bombay High Court held that the mandatory 120-day period for filing a written statement in commercial suits cannot be extended and that return of plaint under Order VII Rule 10 CPC does not imply continuation of proceedings, thereby dismissing the defendant's application to file a delayed written statement.

civil appeal_dismissed Significant Commercial Suit Written Statement 120 days limitation Service of Summons

Sunil Pran Sikand v. The Assistant Commissioner of Income Tax

19 Apr 2024 · K.R. Shriram; Dr. Neela Gokhale

The Bombay High Court held that payments received under a development agreement and related commitment letter for additional development rights constitute taxable Long Term Capital Gains, reversing the ITAT's treatment of such payments as income from other sources.

tax appeal_allowed Significant Income Tax Act, 1961 Long Term Capital Gain development agreement Transferable Development Rights

Kishor Popat Deore v. The State of Maharashtra

19 Apr 2024 · Revati Mohite Dere; Manjusha Deshpande

The Bombay High Court acquitted the appellant of murder charges, holding that the prosecution failed to prove beyond reasonable doubt that death was caused by strangulation and smothering, and that the possibility of suicide by poison could not be ruled out.

criminal appeal_allowed Significant murder manual strangulation smothering suicide

Jignesh Girishbhai Makwana v. State of Maharashtra

19 Apr 2024 · A. S. Gadkari; Shyam C. Chandak

The Bombay High Court quashed a criminal case under Section 309 IPC due to lack of evidence that the accused consumed a poisonous substance, holding that continuation of the case would be an abuse of process of law.

criminal appeal_allowed Significant Section 309 IPC Attempt to commit suicide Quashing of criminal case Section 482 CrPC

Momin Zulfikar Kasam v. Ajay Balkrishna Durve & Aventis Pharma Limited

19 Apr 2024 · Sandeep V. Marne

The High Court held that a transferee of property can execute a decree without separate assignment of the decree under amended Order 21 Rule 16 CPC and set aside the Appellate Bench's order delaying execution.

civil appeal_allowed Significant Order 21 Rule 16 CPC execution of decree assignment of decree transferee of property

Principal Commissioner of Income Tax v. Income Tax Settlement Commission & Ors.

18 Apr 2024 · K. R. Shriram; Neela Gokhale

The Bombay High Court upheld the Income Tax Settlement Commission's order, limiting judicial review to procedural legality and rejecting revenue's challenge on merits of settlement terms.

tax petition_dismissed Significant Income Tax Settlement Commission Section 245D of Income Tax Act judicial review search and seizure

Sunil Ashok Kondugale v. The State of Maharashtra

18 Apr 2024 · Madhav J. Jamdar
Cites 5 · Cited by 0

The Bombay High Court rejected bail to an accused under the MCOC Act, holding that the applicant's nexus with an organised crime syndicate was established and the statutory conditions for bail were not met.

criminal petition_dismissed Significant MCOC Act organised crime syndicate continuing unlawful activity bail under MCOC Act

Frick India Ltd v. Ion Exchange Enviro Farms Ltd

18 Apr 2024 · G.S. Patel

The Bombay High Court held that the exemption under Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 applies to premises and excludes sub-tenants from protection if the head tenant is excluded due to paid up capital exceeding Rs 1 crore.

property appeal_dismissed Significant Maharashtra Rent Control Act, 1999 Section 3(1)(b) sub-tenant protection paid up capital

Marathon Era Co-operative Housing Society Ltd v. The Competent Authority & District Dy. Registrar, Co-operative Societies, Mumbai City

18 Apr 2024 · G.S. Patel

The Bombay High Court held that Section 11 MOFA applies to multi-building phased layout developments, entitling flat purchasers' societies to unilateral deemed conveyance of their plot, built-up area, and undivided interest in common areas upon issuance of Occupation Certificate, and set aside the Competent Authority's refusal.

property appeal_allowed Significant Maharashtra Ownership Flats Act Section 11 MOFA Unilateral Deemed Conveyance Phased layout development

Conservation Action Trust v. Dahanu Taluka Environment Protection Authority

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

The Bombay High Court upheld the Dahanu Taluka Environment Protection Authority's statutory clearance for the Greenfield Port at Vadhavan, affirming its binding authority under the Environment (Protection) Act, 1986, and balancing sustainable development with environmental protection.

environmental petition_dismissed Significant Dahanu Taluka Environment Protection Authority Environment (Protection) Act, 1986 ecologically fragile area Greenfield Port Vadhavan

Conservation Action Trust v. Dahanu Taluka Environment Protection Authority

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

The Bombay High Court upheld the binding authority of DTEPA under the Environment (Protection) Act, 1986, dismissing challenges to its clearance for the Greenfield Port at Vadhavan, emphasizing the balance between sustainable development and environmental protection.

environmental petition_dismissed Significant Dahanu Taluka Environment Protection Authority Environment (Protection) Act, 1986 Ecologically fragile area Greenfield Port Vadhavan

Pimpri Chinchwad Municipal Corporation v. Ravi Arjun Jagte & Ors.

18 Apr 2024 · Sandeep V. Marne

The Bombay High Court upheld the Industrial Court's finding that contract workers engaged by PCMC were employees entitled to absorption and arrears, dismissing jurisdictional and maintainability challenges despite procedural impropriety.

labor appeal_dismissed Significant Industrial Court jurisdiction employer-employee relationship MRTU & PULP Act contract workers

Maheshkumar G. Garodia v. The Union of India

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

The Bombay High Court held that work done under a jurisdictionally invalid restraint order cannot be undone if in public interest, but the affected party may claim compensation through civil proceedings.

administrative petition_dismissed Significant Indian Telegraph Act, 1885 Section 16(2) jurisdiction transmission towers

Vinayak Sopan Matre & Ors. v. The Principal, Government Polytechnic Pune & Ors.

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

The Bombay High Court quashed the cancellation of petitioners' admissions to a part-time diploma course due to non-compliance with verification directions and improper post-admission cancellation after substantial course completion.

administrative petition_allowed Significant admission cancellation technical field experience affidavit experience certificate

Shri Aakash Babaso Shinge v. Additional Commissioner

17 Apr 2024 · Gauri Godse · 2024:BHC-AS:22453

The Bombay High Court upheld the disqualification of a Gram Panchayat member for encroachment on government land by his father, ruling that shared occupation or business on encroached property leads to disqualification regardless of separate residence claims.

administrative petition_dismissed Significant disqualification encroachment government land Maharashtra Village Panchayat Act